New Jersey Drunk Driving Accident Attorney

New Jersey Drunk Driving Accident Lawyers

Drunk driving accidents rank among the most devastating types of collisions on New Jersey roads, leading to severe injuries and even fatalities. If you’ve been involved in a drunk driving crash, you may feel overwhelmed, unsure of your next steps, or unsure how to seek justice. Fortunately, a New Jersey drunk driving accident attorney from a recognized legal firm can guide you through the process of seeking compensation.

At Varcadipane & Pinnisi, P.C., we have decades of experience handling different injury cases and winning substantial settlements. Our attorneys have a strong track record of delivering results to assist victims in rebuilding their lives. If you’re uncertain about what to do next, reach out to us to share your story, and we’ll guide you accordingly.

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Drunk Driving Laws in New Jersey

New Jersey takes a tough stance on drunk driving. The state has enacted strict laws to help alleviate the issue of alcohol-related accidents on the state’s roads. Under New Jersey Statutes Annotated NJSA 39:4-50, it is illegal for anyone to drive with a 0.08 BAC and above. Drivers caught exceeding this limit will face penalties. These include:

  • Fines from $250 to $400.
  • License suspension.
  • Up to 30 days of jail time within the county.
  • Up to 2 days of mandatory participation in the Intoxicated Driver Resource Center (IDRC).

New Jersey law also prohibits the possession of open or unsealed alcoholic beverage containers in the passenger area of a vehicle, whether the vehicle is in motion or parked. Violation of this law can result in:

  • A fine of $200 for a first offense.
  • A $250 fine or up to 10 days of community service for subsequent offenses.

Additionally, if a driver is found to be intoxicated and has a minor (17 years old or younger) in the vehicle, the penalties increase significantly. This is considered a “disorderly persons offense.” The penalties include:

  • Community service for up to 5 days.
  • An additional six-month suspension of driving privileges after serving the standard DWI suspension.

For drivers under 21, any detectable alcohol level can lead to severe consequences. If an underage driver is found with a BAC of 0.01% or higher, they face:

  • License suspension for 30 to 90 days.
  • Mandatory participation in an alcohol treatment program.
  • 15 to 30 days of community service.
  • Referral to an IDRC.

In addition to penalties, New Jersey’s drunk driving laws have significant implications for personal injury claims following a drunk driving accident. For instance, if you can prove that the driver who was responsible for your accident was over the legal BAC limit, this can be strong evidence of negligence. A lawyer can elucidate the laws to help you comprehend their impact on your claim.

new jersey drunk driving accident attorney

Common Injuries in Drunk Driving Accidents

Drunk driving accidents are known to cause serious injuries, given the impaired driver’s diminished ability to react, slow down, or avoid collisions. These accidents are frequently high-impact and occur at high speeds, making the injuries more severe than in other types of car accidents.

Common injuries reported in most drunk driving accidents include:

  • Head and traumatic brain injuries due to the force of impact.
  • Spinal cord injuries which greatly affect the victim’s mobility
  • Broken bones and fractures may require extensive medical treatment and rehabilitation.
  • Internal injuries may lead to internal bleeding, organ failure, and the need for emergency surgery.
  • Whiplash and neck injuries may result in chronic pain and limited range of motion.

In extreme cases, these injuries may require extensive medical treatment, and some may result in permanent disabilities. Other victims may need ongoing physical therapy, home modifications, or long-term care, which highlights the importance of seeking fair compensation to address these expenses.

What Kind of Compensation Can I Get?

If you suffered losses in a drunk driving-related accident, your priority will be seeking compensation for your losses. Compensation can help you recover financially, physically, and emotionally from the accident’s impact.

Compensation you can pursue in a drunk driving accident case includes:

  • Medical expenses to address your current and future medical costs related to your injuries.
  • Lost earnings in case your injuries have caused you to miss work.
  • Emotional trauma and physical pain such as anxiety, depression, physical pain, discomfort, and post-traumatic stress disorder (PTSD).
  • Property damage such as vehicles or other personal belongings.

Seeking compensation is the pathway to recovering from the financial strain of the accident and also holding the liable driver accountable for their actions. A New Jersey drunk driving attorney can assist in evaluating the worth of your claim and negotiate for an adequate settlement.

How Liability is Established in New Jersey?

Establishing liability in a drinking-under-influence accident case is critical for securing compensation. In New Jersey, liability is generally determined based on negligence, which means proving the driver didn’t uphold their duty of care and caused the crash.

To establish liability, you’ll need to show the following elements:

  • The driver had a duty of care to follow traffic laws to ensure safety.
  • The driver breached this duty through intoxication, causing the accident.
  • The accident must have caused your injuries directly.
  • Demonstrate your injuries and the financial losses you’ve incurred due to the accident.

A lawyer’s experience is key in gathering the necessary evidence, such as BAC test results, to prove the drunk driver’s liability. They will also communicate with defendants, who may try to minimize your claim and ensure your rights are protected.

How Does the No-Fault System Work in New Jersey?

New Jersey operates based on a no-fault insurance system. Thus, after a car accident, your own insurance company typically pays for your damages regardless of who was at fault. This system is governed by the New Jersey Automobile Insurance Cost Reduction Act (N.J.S.A. 39:6A).

However, there are exceptions to this rule. If your injuries are serious, you might be able to step outside the no-fault system to launch a personal injury lawsuit to recover damages from the driver deemed at fault. Severe injuries typically include:

  • Permanent injuries
  • Significant scarring or disfigurement
  • Loss of a body part or function

In drunk driving cases, victims often suffer catastrophic injuries, making it possible to pursue additional compensation through a personal injury lawsuit.

Call a New Jersey Drunk Driving Attorney Today

A successful drunk driving claim in New Jersey requires the experience of an attorney who understands the NJ drunk laws and insurance systems. At Varcadipane & Pinnisi, P.C., we have a track record of holding drunk drivers accountable and securing compensation for our clients. If you were injured in an accident caused by impaired driving in New Jersey, a drunk driving lawyer will help safeguard your rights and ensure you obtain a fair recovery.

Contact us today for a free consultation to discuss your legal options.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partners, Jeffrey W. Varcadipane & Dawn M. Pinnisi, with more than 40 years of combined legal experience as personal injury attorneys.

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