Can I Recover Compensation if I Was Hit by a Drunk Driver in NJ?

If you were injured in a car accident that involved a drunk driver in New Jersey, it’s crucial to understand your rights. 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. 

Who Can I Hold Liable for a Drunk Driving Accident in New Jersey?

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. In addition to suing the drunk driver directly, New Jersey’s dram shop law enables you to file a claim against an establishment or vendors that over-served alcohol to the driver who caused your accident. To pursue this option, you must prove that the establishment served alcohol to a visibly intoxicated individual or they served alcohol to someone under the age of 21, knowing or having reason to know that the person was underage.

What Damages Can I Seek if I Was Struck by a Drunk Driver?

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 represent the quantifiable losses you incur due to your injuries. They can usually be proven with documentation such as bills, recipes, and pay stubs. Examples of economic damage include medical bills, lost income, property damages, and any other out-of-pocket expenses. Non-economic damages, on the other hand, represent intangible losses you suffer due to your injuries. They are more subjective, making them more challenging to quantify. Examples of non-economic damages include pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement.

Punitive damages are rarely awarded, however, in drunk driving cases, they may be justified. It’s important to understand that driving under the influence demonstrates a willful disregard for potential harm to oneself and others on the road, constituting gross negligence. If a judge finds the defendant’s actions were particularly egregious, they can award punitive damages if compensatory damages don’t seem adequate to prevent the defendant from engaging in harmful conduct in the future. Factors that can justify punitive damages include a high blood alcohol content, prior DUI convictions, fleeing the scene, and other aggravating circumstances.

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.