When you are involved in a collision in New Jersey, it can be incredibly frustrating. However, when you learn that the driver responsible for your injuries and damages was under the influence, it can be devastating. As such, New Jersey law often allows victims of drunk drivers to pursue damages from the inebriated driver and, potentially, other liable parties. Please continue reading to learn the damages you can seek in a drunk driving claim and how an experienced Morris County Drunk Driving Accident Attorney can help you fight for the justice you deserve.
If you’ve been injured by a drunk driver in New Jersey, it’s important to understand that the intoxicated driver is not the only party who may be held liable for your damages.
A drunk driver may be held liable for injuries inflicted on other parties, as driving under the influence breaches their legal duties to others. As such, they may be held liable for injuries and subsequent damages.
New Jersey, like the majority of states, has adopted dram shop laws. Essentially, this allows victims of a drunk driver to seek compensation from the establishment that irresponsibly served them alcohol.
Under NJ Rev Stat § 2A:22A-5, a bar, restaurant, club, or other alcohol vendor may face liability for injuries if they:
Driving is a skill that requires constant focus, judgment, and reaction times. Unfortunately, the consumption of drugs and alcohol can impair these abilities, making it incredibly dangerous for an intoxicated individual to get behind the wheel.
Drugs and alcohol commonly cause:
Because of the severe impact alcohol can have on your ability to drive a vehicle, this offense is considered especially reckless in New Jersey.
New Jersey, like all states, has set the legal limit for Blood Alcohol Concentration (BAC) at 0.08%. As such, any driver discovered operating a vehicle with a BAC at or over this legal limit will automatically be charged with a DUI in New Jersey.
However, a driver does not need to be at or over 0.08% to be charged with a DUI. A driver may still be considered legally impaired if the drugs or alcohol they consumed have impacted their ability to safely operate a vehicle.
If you have been struck by a drunk driver in Morris County, taking the appropriate steps is critical to protect your health and your future injury claim.
It’s imperative to understand that, in suspected instances of drunk driving, BAC test results, witness observation, and arrests can play a considerable role in proving gross negligence.
While no amount of compensation can undo the harm caused by a drunk driving accident, pursuing legal action against the negligent party helps victims and their families obtain the funds they need to get their lives back on track. Generally, you can pursue two distinct categories of damages: economic and non-economic. These damages are intended to restore the victim to their “whole,” not to punish the wrongdoer.
Economic damages, also called special damages, reflect the measurable, calculable damages you have endured as a result of the collision. These include matters like:
Non-economic damages, on the other hand, represent the subjective losses you have incurred from the negligent actions of another party. As such, you may be eligible to recover:
Punitive damages, though rare, may be awarded in some drunk driving cases. Essentially, punitive damages are ordered by the court, not as a way to compensate the victim for their injuries or emotional suffering, but rather as a means of punishing the defendant. In addition, punitive damages act as a deterrent for the defendant and other individuals to reconsider before getting behind the wheel while intoxicated.
Punitive damages may be awarded in the following instances:
If you’ve been injured by a drunk driver in New Jersey, please don’t hesitate to contact a determined attorney from Lutz Injury Law, who can help you fight for the full and fair compensation to which you are entitled. Connect with our firm today for legal guidance and skilled representation.
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