New Jersey Drunk Driving Accident Lawyer

Drunk drivers put you and your loved ones in danger when they get behind the wheel. When a drunk driver has injured you, they must pay you financial compensation in addition to facing penalties under the law. You may need a car accident lawyer to represent you in the legal process, fighting for your rights at every step.

If the Driver Was Convicted, Is That Enough to Win My Case?

If the responsible driver pleads guilty to drunk driving, it would be admissible as evidence that you can use in your civil case. However, drunk drivers will rarely plead guilty. It would be practically an automatic finding of liability in your civil case. For that reason, drivers would plead no contest to drunk driving charges, and you would still need to prove your case. However, you only need to demonstrate that the driver was negligent. If the driver was convicted after going to trial, you still need to present evidence proving your civil case.

How Do I Prove the Driver Was Drunk?

It would be helpful to present evidence that the driver was drunk. However, law enforcement may not be readily willing to share test results with you because they are not interested in helping your civil case. Your drunk driving accident lawyer may need to subpoena evidence you can use in your civil case. Hospitals that conduct blood tests are also not willing to share it with you, and you would similarly need to obtain and execute a subpoena.

How Do I Get Compensation for a New Jersey Drunk Driving Accident?

Typically, the path to getting financial compensation after a drunk driving accident is to file a claim with the responsible driver’s insurance company. They are obligated to pay for the harm their driver caused, even if it resulted from recklessness and breaking the law, as opposed to common negligence. When you file a drunk driving car accident claim, you need to include evidence of liability and proof of your damages.

There is a chance that the responsible driver may not have had car insurance. If they did, they may have had a minimum amount of coverage, not enough to pay for their injuries. You can also file a claim against your car accident policy if you have underinsured motorist coverage. Your insurance company can take every bit as stringent of a view of your damages and compensation as that of the other driver.

You can also file a lawsuit against the responsible driver in court, and that is what you may choose to do, depending on your circumstances. A New Jersey drunk driving car accident lawyer can advise you of the best legal course of action, and they can deal with the insurance company on your behalf. Even if the insurance company readily concedes liability, they may still make it hard for you to get total compensation.

How Much Is My Drunk Driving Accident Case Worth?

Your compensation in a drunk driving accident case is tied to the damages you have suffered. The drunk driver must pay you both your actual financial losses associated with the accident and for the impact that your physical injuries had on you. Drunk driving accident compensation can include the following:

• Medical expenses
• Lost wages
• Pain and suffering
• Loss of enjoyment of life
• Scarring and disfigurement
• Emotional distress

One difference between a drunk driving car accident case and other types of motor vehicle claims is that you may have a better chance to receive punitive damages should you take your case to court and win. Generally, punitive damages are rare in motor vehicle accidents because these cases depend on proving negligence. However, in a drunk driving accident case, there is an element of recklessness that juries want to punish. The prospect of punitive damages may give you leverage and settlement negotiations because the insurance company certainly does not want to face a jury defending against the facts of your case.

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

Even if it seems apparent that the other driver was at fault, it is far from the end of the story. Your settlement check needs to be sufficient to fully compensate you.

When you hire a car accident lawyer, they could do the following for your case:

• Investigate the accident and gather the evidence to prove the case.
• Review your situation to estimate the damages that you have suffered.
• Determine which insurance coverages are available to pay for your damages.
• File a claim on your behalf and negotiate with the insurance company.
• Advise you of your legal rights at every step of the way.

Contact the New Jersey Drunk Driving Car Accident Lawyers at Kitrick, McWeeney & Wells, LLC

The New Jersey drunk driving car accident lawyers at Kitrick, McWeeney & Wells, LLC can work to safeguard your legal rights when you have been injured by a motorist who was intoxicated. Call us at 732-920-8383 or online to schedule a free initial consultation. We have offices in Manasquan and Brick, New Jersey, and we serve clients in Middlesex County, Atlantic County, Mercer County, Monmouth County, and Ocean County.