If you are the victim of a drunk driving accident, it can be a traumatic experience that can leave you feeling vulnerable and unsure of how to proceed. The aftermath of a DUI accident can be filled with uncertainty. Dealing with severe injuries and mounting medical bills while navigating insurance claims and legal procedures can be overwhelming. If you find yourself in this position, understanding the steps you can take to fight for the compensation you deserve is crucial. Please continue reading as we explore the steps you should take after being hit by a drunk driver and how a determined Essex County Auto Accident Attorney can help you understand your legal options.
What Should I Do if I’m Struck by a Drunk Driver?
When you are involved in a collision, it’s imperative to understand the steps you can take to ensure your well-being and protect your rights. Generally, the first thing you’ll want to do following the crash is assess yourself and any passengers for injuries. Dial 911 for the police and provide the operator with as much information as possible. If you believe the other driver is under the influence of drugs or alcohol, inform the operators so when the police arrive at the scene they can adequately address the situation.
If anyone has sustained injuries, request first responders. If you aren’t transported to the hospital, you should still seek medical attention as soon as possible, as some injuries may take hours or even days to fully manifest. If you are physically capable, take photos of the scene, including damage to your vehicle, your injuries, and surrounding conditions. This can help capture vital details that can help establish fault and support your case against the other party.
How Can I Hold the Driver Liable?
When pursuing compensation against a drunk driver, understanding how this process differs from other accidents is critical. Normally, victims must prove four elements to hold a negligent party liable for their damages. However, when alcohol or drugs are involved, your case will fall under “negligence per se.” This is a much lower burden of proof than is usually required. Essentially, the act of driving under the influence itself constitutes a breach of duty, which automatically establishes negligence thus making the drunk driver liable for any resulting damages in an accident.
You should note that New Jersey has dram shop laws, which allow you to pursue damages from the establishment or alcohol vendor that overserves the patron who caused the DUI accident. After being involved in a drunk driving accident, you may be entitled to compensation for two types of damages: economic and non-economic. Economic damages are monetary losses, while non-economic damages are non-monetary losses that a victim experiences after a crash.
Furthermore, punitive damages can be awarded after a DUI accident to punish and deter future similar actions. However, this is only the case if the driver’s actions were particularly egregious, demonstrating a reckless disregard for the safety of others. For instance, if a driver has a high blood alcohol content, a prior DUI conviction, or any other aggravating factors that show a pattern of dangerous behavior, could warrant punitive damages.
At The Law Offices of Christopher T. Howell, Esq. we are prepared to help you fight for the justice you deserve. Connect with our firm today for skilled representation.
