If you are injured in a drunk driver car accident, you have the right to pursue compensation from the driver. While drunk driving is a criminal offense, any penalties the driver faces do not prevent you from filing a civil claim for your injuries and losses.
Injury cases involving drunk drivers can be complex, particularly when dealing with insurance companies. At RAM Law, our experienced Somerset County car accident lawyers can guide you through the legal process, handle insurers, and work to recover the compensation you deserve.
What Is Driving While Intoxicated (DWI) in New Jersey?
In New Jersey, Driving While Intoxicated (DWI) is the legal term referring to all drunk or impaired driving offenses caused by alcohol, illegal drugs, or certain prescription medications. A driver is legally intoxicated in New Jersey with a BAC of 0.08% or higher, but charges can still apply at lower levels if impairment is evident. Drivers under 21 may be penalized with a BAC of 0.01% or higher under the state’s zero-tolerance law.
While these laws are enforced through the criminal system, they often play a crucial role in civil injury claims. Evidence such as BAC results, field sobriety tests, or other observations showing that a driver was impaired can help support a claim that the driver acted negligently and caused the accident.
Is Drunk Driving a Civil or Criminal Case?
Drunk driving can lead to both criminal and civil cases, but they serve different purposes and proceed separately. A criminal case is brought by the state to determine whether the driver broke the law, and it may result in penalties such as fines, license suspension, or jail time.
You file a civil case if you were injured in an accident and are seeking compensation for your losses, such as medical bills, lost wages, and pain and suffering. These cases are independent of one another. Even if the driver is charged or convicted in criminal court, you must still pursue your own civil claim to recover damages. Likewise, the driver cannot avoid civil liability simply because they are facing criminal penalties, and admissions made in the criminal case may be used as evidence in the civil case.
How Does a Personal Injury Lawyer Prove a Civil Drunk Driving Case?
In a personal injury case, you need to prove that the driver was negligent, not necessarily intoxicated, to win your case. The focus is on proving whether the driver acted carelessly and caused the accident. Actions such as speeding, running a red light, or drifting between lanes may be enough to establish liability on their own. However, evidence of intoxication can strengthen your claim. In many cases, drunk driving may be considered “negligence per se,” meaning the violation itself helps establish fault and can improve your position in insurance negotiations.
To prove your case, your lawyer will gather evidence such as police reports, witness statements, and photos or video from the scene. If needed, they can also subpoena alcohol test results and related records to demonstrate both negligent behavior and intoxication.
What if the Drunk Driver Is Acquitted of the Charges?
An acquittal in a criminal case does not automatically mean that the driver is off the hook in a civil case. There are two standards of proof in play. In a criminal case, the prosecutor must prove the defendant’s guilt beyond a reasonable doubt.
The standard of proof is lower in a civil case, and your attorney needs to show that the driver is liable by a preponderance of the evidence, making it possible for the driver to still owe you money, even if not convicted of the criminal charges.
Can I Sue a Bar for Overserving a Drunk Driver in New Jersey?
A bar or restaurant may be liable under New Jersey’s dram shop laws, which allow injured parties to pursue compensation when a business serves alcohol to a minor or someone visibly intoxicated, and that person later causes an accident.
To sue, you typically must prove that the establishment continued to serve alcohol despite clear signs of intoxication, such as slurred speech, unsteady movement, or aggressive behavior, and that overserving contributed to the crash and your injuries. Evidence may include witness testimony, receipts, surveillance footage, or expert analysis.
Do I Need a Lawyer in a Civil Drunk Driving Case?
Even if liability for the drunk driving car accident is clearly apparent, having an experienced personal injury lawyer represent you as you seek compensation is important. The insurance company may be willing to offer some compensation, but likely only a fraction of your total damages and the amount you deserve.
Having representation from an experienced car accident lawyer helps to determine the full value of your case and negotiate with the insurance company for full compensation. Oftentimes, simply having a car accident attorney on your side shows the insurance company that you are ready to move forward with a lawsuit, if necessary. As a result, they may be more reasonable in settlement negotiations.
Frequently Asked Questions About Drunk Driving Car Accidents
Is the drunk driver automatically at fault for a car accident in NJ? You need to prove the driver’s negligence, but evidence of intoxication supports fault and establishes liability.
How do I prove the other driver was drunk in a NJ car accident? Evidence like police reports, breath or blood tests, field sobriety tests, witness statements, and video footage.
What compensation can I recover after a DWI accident? Medical expenses, lost wages, pain and suffering, and related losses. Punitive damages may be possible in especially reckless cases.
How does New Jersey’s no-fault law affect DWI accident claims? Your Personal Injury Protection (PIP) coverage pays initial medical costs. You must meet legal thresholds to seek additional damages from the drunk driver.
What happens if an uninsured drunk driver hits you in NJ? You file for medical costs, lost income, and other damages through your own uninsured motorist (UM) coverage.
Contact Our Somerset County Car Accident Lawyers at Rebenack Aronow & Mascolo L.L.P.
