East Orange Drunk Driving Accident Lawyers

The intoxicated driver who was responsible for your injuries can face consequences in more than one way. They may be charged legally and punished to the fullest extent of the law. However, it is not the end of the story for them. You can file a personal injury claim or lawsuit that can force them to pay you full compensation for your injuries. Unfortunately, it is not always easy to get all of the money you are due when you try to approach the insurance company on your own. Contact a drunk driving lawyer who can represent you in the legal process and work to get you paid.

Common Drunk Driving Accident Injuries

Drunk driving accidents have a higher fatality rate because the responsible motorist is often traveling faster and more erratically than others. You have little to no chance to avoid a drunk driving accident or even potentially to prepare for impact. These crashes happen in an instant, and they can result in serious life-changing injuries.

Common drunk driving accident injuries include:

• Broken bones and fractures
• Cuts and lacerations
• Internal bleeding
• Organ damage
• Soft tissue injuries
• Head and neck injuries
• Spinal cord injuries
• Traumatic brain injuries

Can I Get a Settlement in a Drunk Driving Case?

The fact that a driver may be charged with DUI and is facing potential legal consequences does not get them off the hook from compensating you for the accident. Criminal and civil liability are two entirely separate matters. In other words, you can still file a lawsuit against the driver for how their actions have harmed you. It does not matter what the driver may be dealing with elsewhere. Their insurance company would still need to pay you damages because they are even obligated to cover reckless actions, such as a DUI.

How Much Is My DUI Accident Case Worth?

A car accident lawyer would need to review your specific circumstances and injuries before they can indicate what you may be due in compensation. They would explain that your compensation depends on your injuries and the amount of insurance coverage available to pay for them. Your DUI accident compensation would include both economic and non-economic damages that cover both your financial losses and the impact that your injuries had on your life. If your case went to court, there is even a chance that you could get punitive damages from a jury that wants to send a message to the driver.

If your family lost a loved one in a DUI accident, you would be able to file a wrongful death claim against the responsible driver. Here, your compensation would depend on the value of your loved one’s life and what they meant to your family.

What Happens if the Driver Is Acquitted of Traffic Charges?

Because a drunk driving case involves potential jail time, the prosecutor would need to prove all of the elements beyond a reasonable doubt. This is a higher standard of proof than you would see in a civil case. It is possible that the driver could be acquitted of DUI charges, yet they are still liable to you for civil damages.

Most often, a driver would plead no contest to DUI charges because they know a guilty plea would mean automatic liability in the civil case. Thus, you would still need to meet your own burden of proof, which is demonstrating your facts by a preponderance of the evidence. If, by some chance, the driver does plead guilty to the DUI charges, it can be used as evidence in your case, and it could show liability.

How to Prove a Drunk Driving Accident Civil Case

You do not necessarily have to prove that the driver was drunk to win your case. Their actions alone could be grounds for them to owe you money if they were negligent. For example, if a driver seriously injured you because they were drunk and traveling in the wrong lane, it would be proof of negligence when they injured you in a head-on accident.

In some cases, liability may not always be immediately apparent at the scene. Then, being able to prove that the driver was drunk could help your civil case. However, the evidence that law enforcement has in its hands is not automatically yours. A drunk driving accident lawyer would need to subpoena test results that could show that the driver was intoxicated at the time of the accident. They could also gather other evidence that could show that the driver was consuming alcohol before the crash.

Can I Sue the Person Who Served the Driver Alcohol?

You may be able to recover even more money in a drunk driving case if you were able to file a “dram shop” lawsuit. In these cases, you can sue the establishment or liquor store that sold the alcohol to the driver. You may even be able to sue an individual if the driver consumed alcohol at their home. Dram shop cases are difficult because you need to prove that someone served the driver when they were visibly intoxicated. You would essentially need to use physical and circumstantial evidence that could show actual or constructive knowledge of intoxication. The benefit of being able to file a dram shop lawsuit is that you have access to a deeper pocket that could potentially pay even more damages.

Do I Need a Lawyer for a Drunk Driving Accident Case?

You may not think that you need a drunk driving accident lawyer because it is very apparent to you what happened to cause the accident. However, proving negligence is only the first part of your legal battle when you are seeking compensation. The insurance company may readily concede that their driver was to blame for the accident because there is no other choice. Accepting liability and fully compensating you are two entirely different matters. You would still need to battle the insurance company to get the full amount of compensation that you deserve after a drunk driving car accident. You may even need to deal with your insurance company if the other driver did not have enough coverage to fully pay for your injuries.

You are always better off not trying to go it alone in any type of car accident case. A drunk driving accident lawyer knows the ins and outs of the legal process, and they can use their experience on your behalf to get you the most possible money.

The East Orange Drunk Driving Accident Lawyers at Goldstein & Goldstein, LLP Can Help You With Your Case

The East Orange drunk driving accident lawyers at Goldstein & Goldstein, LLP can work to hold the responsible driver civilly accountable for the crash, fighting to get top dollar for your injuries. The first step you need to take is to schedule a free initial consultation with one of our attorneys by calling us today at 973-675-8277 or contacting us online. Located in East Orange, New Jersey, we serve clients in the surrounding areas.