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Being injured in an accident caused by a drunk driver can have life-altering consequences. While New Jersey’s criminal justice system holds intoxicated drivers accountable through penalties like fines, license suspension, and jail time, these measures often do little to address the financial and emotional toll on the victims.
If a drunk driver has harmed you or a loved one, you have the right to file a civil lawsuit to recover compensation for your losses. Here’s what you need to know about suing a drunk driver in New Jersey.
Criminal vs. Civil Actions: What’s the Difference?
In New Jersey, driving under the influence (DUI) is a criminal offense, and offenders may face charges brought by the state. However, these criminal proceedings are separate from civil lawsuits, which victims initiate to seek financial compensation for damages.
- Criminal cases focus on punishing drunk drivers for violating the law. Penalties may include fines, jail time, and the suspension of their driver’s license.
- Civil cases aim to compensate victims for the physical, emotional, and financial harm caused by the drunk driver’s actions.
The outcome of a criminal case does not prevent you from filing a civil lawsuit. Even if the driver is acquitted in criminal court, you can still pursue compensation in a civil action because the burden of proof is lower.
Grounds for Suing a Drunk Driver
To file a successful lawsuit against a drunk driver in New Jersey, you will need to demonstrate the following elements:
- The driver was intoxicated: Evidence such as a police report, breathalyzer results, or eyewitness testimony can establish that the driver was under the influence of alcohol.
- The driver’s intoxication caused the accident: You must prove that the driver’s impaired state led to the collision and your injuries.
- You suffered damages: You must show that you incurred losses, such as medical bills, lost wages, property damage, or pain and suffering, resulting from the accident.
What Compensation Can You Recover?
If your lawsuit is successful, you may be entitled to recover various types of compensation, including:
- Medical expenses–Coverage for hospital stays, surgeries, medications, and ongoing treatments related to your injuries.
- Lost wages–Compensation for income lost during your recovery and future earning capacity if your injuries prevent you from returning to work.
- Pain and suffering–Damages for physical pain, emotional distress, and loss of enjoyment of life caused by the accident.
- Punitive damages–In cases of extreme negligence, such as drunk driving, courts may award punitive damages to punish the offender and deter similar behavior in the future.
The Role of New Jersey’s Dram Shop Laws
In some cases, you may also have grounds to file a claim against a third party under New Jersey’s dram shop laws. These laws allow victims to hold bars, restaurants, or other establishments liable if they served alcohol to a visibly intoxicated person who later caused an accident. To succeed in a dram shop claim, you must prove:
- The establishment served alcohol to the driver despite clear signs of intoxication.
- The intoxication was a direct cause of the accident and your injuries.
Dram shop claims can provide an additional avenue for compensation, particularly if the drunk driver’s insurance coverage is insufficient to cover your losses.
Steps to Take After an Accident with a Drunk Driver
If you’ve been involved in an accident caused by a drunk driver, taking the following steps can help protect your rights and strengthen your case:
- Seek Medical Attention: Your health and safety are the top priority. Get evaluated by a medical professional, even if your injuries seem minor.
- Contact the Police: Ensure that the accident is reported and documented in an official police report, which can serve as critical evidence.
- Gather Evidence: Take photos of the accident site, your injuries, and any visible damages. Collect contact information for witnesses.
- Consult an Attorney: An experienced personal injury attorney at Nagel Rice can help you file a lawsuit and maximize your compensation.
Representing Drunk Driving Accident Victims in New Jersey
Drunk driving accidents are entirely preventable, yet they cause devastating harm to countless victims every year. If a drunk driver in New Jersey has injured you, you have the right to seek compensation for your losses. At Nagel Rice LLP, we have extensive experience representing victims of drunk driving accidents. Contact us today to learn how we can help you pursue justice and compensation.