If you or a loved one has been involved in a drunk driving accident, you likely feel overwhelmed and uncertain about what to do next. These types of accidents often come with emotional, physical, and financial hardships, and navigating the legal process can add another layer of stress. The feelings of confusion, frustration, and worry that accompany these situations are valid, and it is important to know that help is available. If you find yourself in this situation, you are not alone, and it is crucial to have someone who understands your concerns and can guide you through the complexities of the legal system. At Freeman Law Center, LLC, we are here to help you understand your legal rights and options and work toward achieving the best possible outcome for your case.
Understanding Drunk Driving Accidents in New Jersey
Drunk driving accidents occur when a driver operates a vehicle while under the influence of alcohol or drugs, impairing their ability to drive safely. In New Jersey, the law is clear: operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher is illegal. When a drunk driver causes an accident, the consequences can be devastating, not just for the person at fault but also for the victims involved. These accidents often result in severe injuries or even death, and the legal consequences can be far-reaching. It is essential to understand that a drunk driving accident is not just a criminal issue; it is also a civil matter that can affect the victims in various ways.
In New Jersey, victims of drunk driving accidents have the right to pursue a personal injury claim to seek compensation for their injuries, medical expenses, lost wages, and pain and suffering. The fact that the other driver was drunk at the time of the accident strengthens the victim’s case and can lead to a more favorable outcome. However, proving liability and navigating the claims process can be complex, which is why having an experienced attorney on your side is crucial.
What to Do After a Drunk Driving Accident
After a drunk driving accident, the immediate concern should be safety and medical attention. Regardless of the severity of the accident, it is important to seek medical care as soon as possible, as some injuries may not be immediately apparent. Once you have received necessary treatment, it is important to document everything related to the accident, including photos of the scene, any visible injuries, and a record of medical visits. If you are able, try to
obtain the contact information of any witnesses and the drunk driver’s details as well. This documentation will be crucial when filing a claim or lawsuit.
Additionally, contacting law enforcement to report the accident is critical. If the other driver is intoxicated, the police will likely arrest them, and this will be an important piece of evidence when pursuing legal action. The police report from the scene will contain valuable details about the accident, including whether the other driver was cited for driving under the influence (DUI). All of this information will play a significant role in the strength of your case.
Mr. Freeman represented me in a child custody case during the beginning of difficult times of Covid. As a father, I was at first worried about what the outcome of the case Maybe. However, Mr. Freeman assured me he would get me my rights.
Thanks to knowledgeable Mr. Freeman and his professional staff, I was granted my rights. Cindy & Mr. Freeman were able to answer all my questions without delay. Highly recommend!
SAM BEAST
If you need a great family lawyer I recommend the freeman law center without hesitation. My life was a complete shambles because of the divorce I had to go through I didn’t know that i could feel so bad. The efforts that I received from Brian was outstanding and I can’t put in words how much I appreciated the way I was treated by his staff.
Their slogan “Quality and Commitment” was not just words it was action.
RON THATCHER
The Criminal and Civil Consequences of Drunk Driving
In New Jersey, drunk driving is a serious criminal offense. A driver caught with a BAC over the legal limit can face severe penalties, including fines, license suspension, mandatory alcohol education programs, and possible jail time. In addition to these criminal consequences, the victim of a drunk driving accident may also have the opportunity to pursue a civil lawsuit for damages. While criminal charges are pursued by the state, a civil lawsuit is brought by the victim to seek compensation for the harm they have suffered.
New Jersey law allows victims of drunk driving accidents to pursue damages for a wide range of losses. This can include medical expenses, lost wages, emotional distress, and pain and suffering. The law also allows for punitive damages in certain circumstances. Punitive damages are intended to punish the at-fault driver and deter others from engaging in similar reckless behavior. If the driver’s blood alcohol content was significantly over the legal limit or if they were involved in other reckless behavior, the court may award punitive damages in addition to compensatory damages.
The Importance of Proving Fault in a Drunk Driving Accident
To have a successful claim in a drunk driving accident case, proving fault is essential. In these cases, the at-fault driver’s intoxication is often a key factor in determining liability. New Jersey operates under a comparative negligence system, which means that if the victim is partially at fault for the accident, their compensation may be reduced. However, if the drunk driver is clearly at fault, you are likely entitled to compensation for the full extent of your injuries.
In some cases, the driver’s BAC at the time of the accident will serve as proof of their impairment and negligence. The police report and any testimony from witnesses who observed the driver’s behavior may also be used to establish liability. Working with a lawyer who is familiar with the legal process can help ensure that all the necessary evidence is collected and presented in your case.
How an Attorney Can Help You with Your Drunk Driving Accident Case
Navigating the legal landscape after a drunk driving accident can be challenging, but an attorney who understands the nuances of these cases can provide invaluable support. The legal
team at Freeman Law Center, LLC has the experience and knowledge needed to guide you through the claims process, from gathering evidence to negotiating with insurance companies or taking your case to trial.
An attorney can help you by ensuring that you meet all of the legal requirements for filing your claim and that your case is presented in the strongest possible light. They can also assist with negotiating settlements and representing you in court if necessary. Having a skilled attorney on your side can increase the likelihood of securing the compensation you deserve.
Why You Should Act Quickly After a Drunk Driving Accident
After a drunk driving accident, it is important to act quickly to protect your legal rights. In New Jersey, there are strict time limits for filing a personal injury claim, known as the statute of limitations. In most cases, you have two years from the date of the accident to file a lawsuit. If you miss this deadline, you may be unable to pursue compensation for your injuries.
By acting quickly and seeking legal assistance early on, you can ensure that your case is handled promptly and efficiently. A lawyer can begin gathering evidence, speaking to witnesses, and building a strong case on your behalf, all of which are critical steps in securing a positive outcome.
Dealing with the aftermath of a drunk driving accident is not something anyone should face alone. The physical, emotional, and financial toll can be overwhelming, but with the right legal representation, you can work toward achieving the justice and compensation you deserve. If you or a loved one has been injured in a drunk driving accident, Freeman Law Center, LLC is here to help. Our team will work tirelessly to ensure that your case is handled with the care and attention it deserves. Let us guide you through this challenging time and fight for the best possible result for your case. Reach out to us today to schedule a consultation and take the first step toward securing your future.