A crash caused by a drunk driver creates two cases at once: the State’s case against the driver and your own claim for compensation. They follow different rules and don’t always end the same way. Here are nine facts injured people should know, followed by local law offices, starting with The Law Offices of Anthony Carbone.
What should you know about a drunk driving injury claim in New Jersey?
1. What counts as drunk driving in New Jersey?
Driving with a blood alcohol concentration (BAC) of 0.08 percent or higher, or while impaired by alcohol or drugs, violates N.J.S.A. 39:4-50. The limit drops to 0.04 percent for commercial drivers and 0.01 percent for drivers under 21. In New Jersey, a DWI is a traffic offense heard in municipal court, not a crime, though serious injury crashes can bring criminal charges.
2. Does the driver’s DWI case decide your injury claim?
No. The municipal court decides whether the driver violated the DWI statute. Your civil claim decides whether the driver was negligent and what you’re owed. A conviction helps, but a dismissal doesn’t end your case.
3. Can a guilty plea be used against the driver?
Not always. Under New Jersey Court Rule 7:6-2(a)(1), a defendant can ask the municipal court for a “civil reservation,” which keeps a guilty plea from being used as evidence in a later civil case. Your claim then relies on the police report, test results, and witness testimony instead.
4. Are punitive damages available?
They can be. The Punitive Damages Act, N.J.S.A. 2A:15-5.9 and following sections, allows punitive damages when a defendant’s conduct shows actual malice or a wanton and willful disregard for others, proven by clear and convincing evidence. The Act normally caps them at five times compensatory damages or $350,000, whichever is greater. N.J.S.A. 2A:15-5.14 exempts drunk driving cases from that cap.
5. Can a bar or restaurant be held responsible?
Yes, under the Licensed Alcoholic Beverage Server Fair Liability Act, N.J.S.A. 2A:22A-1 and following sections. A licensed server can be liable in two situations: it served someone who was visibly intoxicated, or it served a minor it knew or should have known was underage. In either case, that service must have caused the crash.
6. What about a party host?
New Jersey’s social host statute, N.J.S.A. 2A:15-5.6, allows claims against a host who served alcohol to a visibly intoxicated adult under circumstances that created an unreasonable risk of harm. The law protects injured third parties, not the intoxicated guest.
7. Does the verbal threshold still apply?
Usually, yes. Your auto policy may carry the limitation on lawsuit option. If it does, pain and suffering damages still require one of the injury categories in N.J.S.A. 39:6A-8(a), such as a displaced fracture or permanent injury, even when the other driver was drunk.
8. Can the criminal case pay you anything?
Possibly, through restitution. When a drunk driver seriously injures someone, prosecutors may bring charges such as assault by auto under N.J.S.A. 2C:12-1(c). A criminal court can then order restitution for losses like medical bills. It rarely covers pain and suffering.
9. How long do you have to file?
Two years from the crash for most injury lawsuits under N.J.S.A. 2A:14-2. Evidence from bars disappears much faster, so preservation requests should go out early.
Which law offices serve people hurt by drunk drivers in Hudson County?
- The Law Offices of Anthony Carbone
- Patrick G. Patel
- Christopher Patella
- Law Offices of Anthony J. Vecchio, LLC
- Bhatt Law Group
The Law Offices of Anthony Carbone
The Law Offices of Anthony Carbone, P.C. is a Jersey City firm where attorney Anthony Carbone has practiced for 35 years. The firm represents people injured by drunk drivers, including claims involving bars and other liable parties. It also defends criminal and DUI charges. Consultations are free and offered in English, Hindi, and Punjabi.
Patrick G. Patel
A law office located near the Hudson County courthouse in Jersey City.
Christopher Patella
A Bayonne attorney who handles traffic and municipal court matters.
Law Offices of Anthony J. Vecchio, LLC
A Kearny office that handles traffic violations and DUI defense.
Bhatt Law Group
A Jersey City firm whose practice includes personal injury claims.
What’s the bottom line?
A drunk driving crash can involve more parties than an ordinary collision, and the civil claim is yours to pursue. Keep your records, request the police report, and don’t wait for the DWI case to finish. If a drunk driver injured you, The Law Offices of Anthony Carbone can review your options in a free consultation.
Attorney advertising. This article is general information and not legal advice.