Getting behind the wheel while intoxicated is one of the most dangerous things a person can do and serious accidents can occur as a result. If you are injured by a drunk driver, you may be entitled to recover compensation for your injuries. Read on to learn more.
What are New Jersey’s Dram Shop Laws?
In some cases, you will be able to take legal action against the driver who got behind the wheel. However, this may not be enough. It is important to know that a drunk driver may not be the only person accountable for an accident. In New Jersey, it is possible to hold an establishment responsible. New Jersey’s Dram Shop Laws require certain establishments to pay damages after an accident if the customer was overserved and went on to injure another person as a result. However, the injured party must prove the establishment overserved the driver or served a patron who was under the legal drinking age of 21.
What are New Jersey’s social host liability laws?
In some cases, the host of a party will be held responsible for a drunk driving accident. For example, if a host serves a party-goer alcohol and allows him or her to drive home, or serves an individual under 21, he or she may be held responsible for an accident that occurs as a result. In order to have a successful claim, the injured party typically must prove:
- the person who caused the injuries was visibly intoxicated in the presence of the host
- the situation created an “unreasonable risk” of harm to life or property
- the injury resulted from a motor vehicle accident caused by the intoxicated person who was served by the social host
Recovering the burden of proof:
In order to determine who is responsible for the accident, it is important to work with an experienced personal injury attorney. A skilled attorney will also help you fulfill the burden of proof. To fulfill the burden of proof, it is important to take pictures and videos at the scene of the accident. Additionally, you should seek medical attention as soon as possible. This will ensure that your injuries are properly treated, while simultaneously providing you with important proof of the origin and extent of your injuries.
If you have been injured by a drunk driver in New Jersey, our firm will advocate for you. Contact us today to discuss your case.
Contact our Experienced New Jersey Firm
If you have been injured due to the negligence of another party, contact the Law Office of Christopher T. Howell, Esq. for a free consultation today.
