Drunk Driving Accident Attorney in New Jersey

What Are NJ Dram Shop Laws?

In most drunk driving accidents, the person who chose to drive under the influence of alcohol or drugs is directly responsible for harming others. In some cases, a licensed alcohol server or social host may also share civil responsibility.

Under New Jersey’s Licensed Alcoholic Beverage Server Fair Liability Act, a bar, restaurant, liquor store, or another licensed server may be liable if it negligently served a visibly intoxicated person or a minor it knew or should have known was underage, and that service proximately caused foreseeable injury in a car accident. Visibly intoxicated means that perceptible conduct shows clear signs of intoxication.

Social host liability follows separate requirements. Depending on the circumstances, a host may face a claim involving the knowing service of alcohol to a visibly intoxicated guest or reckless disregard of the risk created by continued service. The specific facts determine whether either form of liability applies.

Learn more about dram shop liability.

What Should You Do After Being Involved in a Drunk Driving Accident?

If you or a loved one is injured in a crash, the drunk driver and others may be responsible for your injuries and property loss.

Prioritize Medical Attention

Call the police and seek medical attention as soon as possible. If you can’t safely drive, ask for an ambulance. Otherwise, get examined promptly at a hospital or by your physician.

Adrenaline or shock can prevent you from immediately feeling pain or understanding the extent of your injuries. Your safety and health need to be your priority.

The longer you wait to see a health care professional, the more likely an insurer is to dispute whether your injuries resulted from the crash. It may argue that they were fabricated or caused by an unrelated incident.

Document the Crash Safely

You can take steps at the accident scene to preserve information, but don’t risk your safety or interfere with first responders:

• You or someone with you should use a camera or smartphone to photograph or record the scene, vehicle damage, injuries, and road conditions.
• If the at-fault driver is conscious, note whether they appear intoxicated. Look for bottles or cans of alcohol in the car and whether the other driver undergoes a sobriety test. Photos or video of these details could be helpful.
• Try to get the names of the police officers at the scene so we can follow up.

At the scene, don’t say too much about what happened, even when speaking with a police officer. Give a simple statement and avoid conclusions about fault or information that could be used against you, such as saying that you and the driver left the same establishment at the same time. Keep your statement to facts you directly observed rather than conclusions about fault.

Preserving Evidence of Alcohol Service

When a bar, restaurant, liquor store, or social host may be connected to the crash, relevant evidence should be identified promptly. Receipts, payment records, surveillance footage, and witness accounts may establish when alcohol was served and what people observed.

Evidence of visible intoxication may include observations about the person’s conduct, speech, coordination, and alcohol consumption. Some records or video may be lost or overwritten if they aren’t identified in time.

Potential Compensation & Insurance Coverage

Potential damages after a drunk driving crash may include:

• Medical bills
• Lost wages
• Property damage
• Pain and suffering
• Emotional distress
• The value of household services the injured person can’t perform

Available compensation depends on the injuries, documented losses, insurance coverage, and legally responsible parties.

If the at-fault driver has no insurance or insufficient coverage, uninsured motorist coverage or underinsured motorist coverage may provide another source of compensation. Reviewing all potentially available policies and responsible parties is an important step when pursuing available compensation. These coverages are generally part of an injured person’s own automobile policy, but their application depends on the policy and facts of the crash.

New Jersey Filing Deadlines & Comparative Negligence

New Jersey personal injury claims generally must be filed within two years of the injury under N.J.S.A. 2A:14-2. Exceptions may change that period. Claims involving a public entity can also have shorter requirements, often including a notice of claim within 90 days, so the applicable deadline should be evaluated promptly.

New Jersey follows modified comparative negligence, which means an injured person can generally recover only when their share of fault isn’t greater than the combined fault of the defendants. Any damages are reduced by the injured person’s assigned percentage of fault. The allocation depends on the evidence and circumstances of the crash.

Criminal DWI Charges & Civil Injury Claims

A criminal DWI case addresses penalties imposed on the driver, while a civil claim addresses the losses suffered by an injured person or family. A criminal conviction doesn’t automatically establish the injuries, damages, or compensation available in a separate civil claim.

For a first New Jersey DWI offense involving a blood alcohol concentration from 0.08% to under 0.10%, possible penalties include a $250 to $400 fine, up to 30 days in jail, and license forfeiture until an ignition interlock device is installed. A first offense involving a blood alcohol concentration of 0.10% or higher, or driving under the influence of drugs, carries a $300 to $500 fine and up to 30 days in jail. Second and subsequent offenses carry increased fines, possible jail time, and longer license suspension periods.

Contingency Fees for Personal Injury Claims

We handle personal injury cases on a contingency fee basis, so there are no upfront legal fees. We also provide a free initial consultation. A legal fee is collected only if compensation is recovered.

New Jersey Court Rule 1:21-7 generally limits a contingent fee to no more than 33⅓% of the first $750,000 recovered, with lower percentages applying to portions of larger recoveries. The fee is calculated from the net recovery after deductible case expenses, including investigation costs. The agreement must be in writing, signed by the attorney and client, and provided to the client.

The Nationwide Toll of Drunk Driving

The National Highway Traffic Safety Administration reports that approximately 32 people are killed in drunk driving crashes nationwide each day. That equals roughly one death every 45 minutes. These figures provide national context and aren’t New Jersey-specific crash statistics.

Frequently Asked Questions

How Long Do I Have to File a Drunk Driving Accident Claim in New Jersey?

New Jersey generally gives injured people a limited time to file a lawsuit after an accident. In many drunk driving cases, the time limit is measured in years rather than months, but it can pass more quickly than you expect while you focus on medical treatment and daily recovery. Because exceptions and special rules apply to some claims involving minors or government entities, speak with an attorney promptly so the deadlines for your situation can be identified and met.

Do I Have to Testify in Court If I Bring a Claim?

Many drunk driving claims are resolved through negotiations with insurers rather than a full trial. In some cases, you may give sworn testimony in a deposition, which is a formal interview, even if the case later settles. A small number of cases proceed to a courtroom where a judge or jury hears the evidence. If your case appears likely to go to trial, you will be prepared in advance for what to expect and how the process works.

Can I Bring a Claim If I Was a Passenger in the Drunk Driver’s Vehicle?

Passengers who are injured while riding with a drunk driver may have the right to seek compensation, even if they knew the driver had been drinking.

An insurer may argue that a passenger “assumed the risk” by entering the car, but that doesn’t automatically prevent a claim. The specific facts, including what you knew and what other options were available, will help determine how New Jersey’s comparative negligence rules apply.

Will a Criminal Drunk Driving Conviction Automatically Win My Case?

A criminal conviction or guilty plea for driving while intoxicated can be powerful evidence that the driver acted wrongfully, but it doesn’t automatically result in payment for your injuries. A civil claim still requires proof of the harm you suffered and the value of your damages. Even when that driver is found guilty in municipal or Superior Court, you must still resolve your claim through insurance negotiations or a separate civil lawsuit.

Get Clear Answers After a Drunk Driving Crash

Our attorneys are available 24/7 to discuss injuries or a family loss caused by a drunk driver. Your initial consultation is free, and you can speak directly with an attorney about the next steps that may apply to your situation.