Personal Injury Blog

New Jersey Drunk Driving Accident Attorneys Provide Aggressive Representation for Injured Victims

Drunk driving fatalities are on the rise in New Jersey

Every year, more than 200 people are killed in drunk driving accidents in New Jersey. In fact, close to one third, or 29.3 percent, of all traffic fatalities reported in 2015 were attributed to drunk driving. The reported fatalities increased by a troubling 11.6 percent from the previous year. At Leonard Legal Group, our New Jersey drunk driving accident attorneys fight for families who have lost loved ones in drunk driving accidents. In addition, we work with victims to ensure they are compensated fairly for their injuries. We are not intimidated by insurance companies, and we take your case to court if it is necessary.

The laws of New Jersey

Drunk driving is a crime in New Jersey, but it also subjects a drunk driver to civil judgments. Whereas criminal acts may result in fines, jail time, or community service, civil judgments are monetary amounts that drunk drivers must pay to make victims “whole” again after an accident. For example, a drunk driver may have to pay an amount equivalent to the victim’s medical bills.

In New Jersey, it is illegal to operate a motor vehicle with a blood alcohol content of 0.08 percent or higher. On average, an individual who has three drinks in a short amount of time will be over the legal limit. Of course, an individual’s blood alcohol content will vary depending on weight, and blood alcohol content may be impacted by medications, level of exhaustion, and whether the individual has recently eaten.

For drivers under 21 years of age, driving with a blood alcohol content of 0.01 percent or higher is a crime.

All drivers in New Jersey have a duty to operate their vehicles in a safe manner. Driving under the influence of alcohol is a breach of this duty.

The elements of a drunk driving injury case

Drunk driving injury cases are included under the umbrella of personal injury claims in New Jersey. Personal injury cases have three primary parts:

  • The driver owed a duty to the victim;
  • The driver breached that duty by acting recklessly or negligently; and
  • Due to the breach, the victim suffered damages.

In a drunk driving injury case, the first two elements are typically easiest to prove.

All drivers in the state of New Jersey have a duty to drive carefully and operate their vehicles in a manner that is reasonable under the circumstances. Drinking and getting behind the wheel of a car is neither careful nor reasonable, and it is also a breach of this duty.

The damages part of a claim is typically where the parties disagree. A victim may feel that the at fault driver is trying to lowball any settlement offers, and the at fault driver usually argues that the victim is claiming excessive damages. Injury cases often become quite complex as the parties and their attorneys argue whether a victim’s injuries were related to the accident. In many instances, medical experts and other professionals are consulted.

Why hire an attorney in a drunk driving accident case?

Without an experienced attorney by your side, you may be unaware of damages you may be entitled to under New Jersey law. For example, did you know that you may be able to recover for the cost of future medical care? A New Jersey drunk driving accident attorney aggressively pursues all avenues of liability to ensure that you recover the compensation you deserve.

If you or someone you love has been involved in a motor vehicle accident with a drunk driver, contact us today to schedule a free consultation with an experienced New Jersey accident attorney

At Leonard Legal Group, our Morristown accident lawyers take pride in providing quality legal representation to injured accident victims and families. If you or a loved one has been injured due to the negligence of a drunk driver, contact us as soon as possible to set up a free consultation to discuss your legal options. Call 973-984-1414 or contact us online.