Shrewsbury Drunk Driving Attorney

Maximize Your Chances of A Successful Claim With Our Drunk Driving Accident Attorneys

Are you or someone you know a victim of a devastating drunk driving accident? Seeking justice and fair compensation can be a challenging and overwhelming process. That is where our Shrewsbury crunk driving attorney comes in.

When a drunk driving accident occurs, it can terribly change lives. People can get hurt or even worse because of someone’s bad choice to drink and drive. By understanding your options and taking proactive steps, you can protect your rights and fight for the best possible outcome in your case.

Quick Summary:

Drunk driving in New Jersey, under N.J.S.A. 39:4-50, means driving with a BAC of 0.08% or higher, leading to serious legal consequences. This law also covers driving under the influence of drugs like marijuana, opiates, and cocaine, whether the vehicle is moving or not. Drunk driving accidents can cause many injuries, such as whiplash, traumatic brain injuries, severe burns, and emotional trauma, highlighting the urgent need for prompt medical care and legal assistance afterward.
Drunk driving accidents can involve multiple parties liable, such as the intoxicated driver, social hosts, vehicle owners, employers, and occasionally, government entities, with each case needing a detailed investigation for liability assessment. NJ police detect DUI/DWI by observing specific driving behaviors, such as hesitation at green lights or erratic lane drifting, and then assessing drivers for signs of impairment like alcohol smell or red eyes.
In New Jersey, penalties for drunk driving include license suspension ranging from three months to indefinite, fines between $250 and over $1,000 depending on offense, and potential jail time up to 180 days for repeat offenses. Additional consequences can include mandatory installation of an ignition interlock device, surcharges, community service, and participation in alcohol education or treatment programs.
Victims in Shrewsbury, NJ, can seek compensation for medical costs, property damage, lost income, pain and suffering, loss of life quality, and wrongful death if applicable, resulting from drunk driving accidents. Consulting with a Shrewsbury drunk driving attorney is crucial to ensure you navigate the complexities of your case and achieve fair compensation after a drunk driving accident.

What is Drunk Driving in New Jersey?

Drunk driving, also referred to as driving under the influence (DUI) or driving while intoxicated (DWI), is the act of driving a vehicle while impaired by alcohol. When someone decides to drink and then get behind the wheel, they’re not just risking their own life but also putting everyone else on the road in danger.

Under N.J.S.A. 39:4-50, a driver found with a blood alcohol content (BAC) of 0.08% or greater can be charged with DWI/DUI. The penalty depends on a variety of factors, including whether it is a first or repeat offense, past traffic convictions, how far the BAC exceeds the legal limit, and circumstances that led to that charge (e.g., accident vs. traffic stop).

Moreover, a DWI (Driving While Intoxicated) charge can be applied to anyone operating a motor vehicle under the influence of narcotics, hallucinogens, or habit-forming drugs. This includes a broad spectrum of substances such as marijuana, opiates, cocaine, methamphetamine, and fentanyl. Additionally, being in possession of illegal drugs can lead to further charges.

Even if you’re not actively driving—perhaps just “sleeping it off” in your car in a public area—you can still violate New Jersey’s drunk driving laws. The state does not differentiate between a driver who is actively driving and one who is stationary. Simply having the engine on can result in a DWI charge.

What are the Common Drunk Driving Accident Injuries?

Drunk driving accidents can result in a wide range of injuries, varying in severity depending on the specific circumstances of the collision. When someone drives after drinking alcohol, they’re not fully in control. That can lead to accidents that hurt themselves and others.

Whiplash: This occurs when the forceful back-and-forth motion of the head strains the neck muscles and ligaments, causing pain, stiffness, and headaches.
Traumatic Brain Injuries (TBI): TBIs can range from mild concussions to severe brain damage, impacting memory, thinking, movement, and speech.
Spinal Cord Injuries: Drunk driving accidents can damage the spinal cord, potentially leading to paralysis or loss of sensation in some or all parts of the body.
Bone Fractures: The force of a collision can occur anywhere in the body – from a broken arm to a shattered pelvis. These injuries are incredibly painful and often restrict movement, sometimes requiring surgery to heal properly and regain full function.
Internal Injuries: These injuries are often hidden and can be life-threatening. These injuries can involve bleeding in vital organs like the lungs, liver, or spleen, requiring immediate medical attention to prevent complications.
Soft Tissue Injuries: Soft tissue injuries from a drunk driving accident can be like internal whiplash. Muscles, ligaments, and tendons can be strained, torn, or bruised, causing pain, swelling, and making it difficult to move even in everyday activities.
Facial Injuries: These injuries can be both painful and permanent. Cuts, bruises, and even broken bones in the face can leave lasting scars and may require reconstructive surgery to restore function and appearance.
Burns: Drunk driving accidents can lead to horrific burns. Vehicle fires or explosions can cause severe burns across the body, leaving lasting scars and causing excruciating pain that can take months or even years to heal.
Amputations: The most devastating injuries from drunk driving accidents can be limb amputations. These life-altering events occur due to the extreme force of a collision and leave a permanent physical and emotional impact.
Emotional and Psychological Trauma: The trauma of a drunk driving accident can linger long after the physical injuries heal. Survivors and witnesses may experience emotional and psychological distress, such as anxiety, depression, and even PTSD.

It is important to seek immediate medical attention after a drunk driving accident, even if injuries are not immediately apparent. Some injuries may have delayed symptoms that manifest hours or days later.

Who Can Be Held Responsible For Drunk Driving Accidents In New Jersey?

In New Jersey, multiple parties can be held responsible for drunk driving accidents, depending on the specific circumstances. Determining liability in drunk driving accidents can be complex, and it often requires a thorough investigation of the facts surrounding the incident. Here are the key parties that may be held liable:

Intoxicated Driver

The principal party accountable for a drunk driving accident in New Jersey is the intoxicated driver who made the reckless decision to operate a vehicle while impaired by alcohol or drugs. This driver’s impairment is the primary cause of the accident, holding them legally responsible for the consequences of their actions.

Social Hosts or Establishments

In certain situations, social hosts or establishments that served alcohol to the intoxicated driver may also be held liable under New Jersey’s Dram Shop Act. For example, if a bar or restaurant serves alcohol to someone who is visibly intoxicated and that person later causes an accident, the establishment could be held liable.

Vehicle Owners

If an intoxicated driver was driving a vehicle owned by someone else, the owner might be held liable. This can happen if the owner negligently entrusted the vehicle to someone known to be intoxicated or allowed an unauthorized person to use it.

Employers

If the intoxicated driver was operating a vehicle as part of their job or during working hours, the employer might be partly responsible for the accident. This liability arises from the legal principle of vicarious liability or because of negligence in hiring, training, or supervising the employee.

Government Entities

In rare cases, government entities responsible for maintaining safe road conditions can be held liable for a drunk driving accident. This happens if it’s proven that their negligence, like inadequate signage, road defects, or poor maintenance, contributed to the accident’s occurrence or severity.

How Do New Jersey Police Detect a DUI/DWI?

New Jersey police look for specific driving habits and behaviors when determining when to pull someone over under suspicion of drunk driving. The behavior does not have to violate a specific traffic law. For example, he or she may pull over a driver who hesitates before passing through a green light, or who is going unusually slow on otherwise clear roads. Police may also stop cars that drift from side to side within a lane.

When a driver is pulled over, the officer will closely observe their behavior to assess whether they have been drinking. This assessment might include checking for the smell of alcohol on the driver’s breath or looking for physical signs such as redness in the eyes.

If these observations raise further suspicions, the officer may request the driver to undergo a series of field sobriety tests. These tests can involve:

Walking in a straight line: The driver is asked to walk in a straight line, placing the heel of one foot directly in front of the toe of the other, then turn around and repeat the process.
Following a moving object with the eyes: The driver is required to track a moving object using only their eyes while keeping their head still.
Balancing on one foot: The driver must stand on one foot while keeping their arms at their sides.

Failure to pass these tests can lead to the driver’s arrest for DUI (Driving Under the Influence). Additionally, officers often request that the driver submit to a breathalyzer test. If the breathalyzer indicates that the driver’s blood alcohol content (BAC) exceeds the legal limit, the driver will be charged with a per se violation of New Jersey’s DUI laws.

Refusing a Breathalyzer Test

Refusing to take a breathalyzer test is a serious offense with significant penalties, even if you aren’t convicted of DUI. These penalties may include a license suspension for up to one year, a fine ranging from $300 to $500, and the mandatory installation of an ignition interlock device on your vehicle.

What are the Penalties for Drunk Drivers in New Jersey?

Driving drunk in New Jersey is a serious offense with severe consequences. If you’re caught driving under the influence or driving while intoxicated, you can face both legal and financial penalties. According to N.J.S.A. 39:4-50(a), here are the laws on drunk driving and the penalties for driving under the influence:

License Suspension

If you’re caught driving drunk in New Jersey, your driver’s license can be taken away, or suspended. Here’s how long it can be suspended:

First offense: Up to three months
Second offense: Up to two years
Third offense: Indefinitely, which means it can be taken away for a long time

Fines

Driving drunk can hit you in the wallet too. You can be fined, which means you have to pay money as a penalty.

First offense: Between $250 and $400
Second offense: Between $500 and $1,000
Third offense: Even more, and you might also have to pay for an alcohol education program

Jail Time

For drunk driving offenses, individuals can face incarceration as part of their legal consequences. This can result in time served in jail depending on the severity of the offense and other factors considered by the court.

First offense: No jail time, but you could be in jail for up to 30 days if your blood alcohol level is very high
Second offense: Up to 90 days in jail
Third offense: Up to 180 days in jail, and you might have to spend some time in an inpatient treatment program
IDRC: In addition to jail time, a judge can order a driver to spend between 12 and 48 hours in an Intoxicated Driver Resource Center.

Ignition Interlock Device

After a drunk driving conviction, you might have to get an ignition interlock device installed in your car. This device checks your breath for alcohol before you can start your car. If it detects alcohol, your car won’t start.

DUI/DWI with a Minor in the Vehicle

A person who is convicted of a DUI with a minor aged 17 years or younger in the car will also be subjected to a disorderly person’s offense in addition to the penalties under a DUI/DWI. They may also be subject to the following penalties:

Driver’s license suspension of up to six months
Mandatory community service of up to 5 days
Potential jail time

If a minor is inside the vehicle during a traffic stop for a DWI and you are found to have a BAC of 0.08, you may face additional charges of child endangerment.

Surcharge

New Jersey charges a surcharge of $1,000 each year for three years upon conviction for DUI ($3,000 total). The same surcharge applies to a second conviction. A third means a surcharge of $1,500 per year for three years ($4,500).

Other fees

Drivers can also face over $500 in fees associated with a DUI conviction, including contributions to the Safe Neighborhood Services Fund (SNSF), Drunk Driving Enforcement Fund (DDEF), and the Alcohol Education and Rehabilitation Fund (AERF).

Community Service and Alcohol Programs

Drunk driving penalties often include community service and alcohol programs. These programs hold offenders accountable and help prevent future incidents by addressing the root cause.

What Damages Are Available For Drunk Driving Accident Victims in Shrewsbury, NJ?

In New Jersey, victims of drunk driving accidents may be eligible to seek various types of damages to compensate for their losses and injuries. Here are some common types of damages that can be pursued in drunk driving accident cases:

Medical Expenses: This covers all costs related to your injuries from the accident. This includes hospital bills, doctor visits, surgeries, medications, physical therapy, and rehabilitation.
Property Damage: If your vehicle or other property was damaged in the accident, you can claim compensation for the costs of repairs or replacements. This encompasses damage to your car, personal belongings inside the vehicle, or any other property affected by the crash.
Lost Wages: If your injuries prevent you from working, you may be entitled to compensation for the income you’ve lost. This includes lost paychecks, commissions, bonuses, and future earning potential if your injuries hinder your ability to return to your previous job.
Pain and Suffering: Beyond economic damages like medical expenses and lost wages, you can claim compensation for the physical pain and emotional distress you’ve suffered because of the accident.
Loss of Enjoyment of Life: If your injuries prevent you from participating in activities you once enjoyed, you might receive compensation for this loss. This aims to address the decreased happiness, satisfaction, and pleasure you’ve experienced due to the accident.
Wrongful Death: If a loved one dies due to another person’s negligence or wrongful actions, such as drunk driving, the surviving family members can file a wrongful death claim. This allows them to seek compensation for their profound loss.

What is the Statute of Limitation For Drunk Driving Accidents In New Jersey?

In New Jersey, the statutes of limitation for drunk driving accidents are subject to various factors, including the type of claim being pursued. Here are the general statutes of limitation that apply to drunk driving accident cases in New Jersey:

Personal Injury Claims

For personal injury claims arising from drunk driving accidents, including claims for medical expenses, pain and suffering, and other related damages, the statute of limitation is generally two years from the date of the accident. That means that the injured party must file a lawsuit within two years of the accident, or they may lose the right to seek compensation.

Wrongful Death Claims

In cases where a drunk driving accident results in a fatality, the statute of limitation for filing a wrongful death claim is also generally two years from the date of the death. The claim is typically brought by the surviving family members or the appointed representative of the deceased’s estate.

There can be exceptions or variations to these time limits, depending on the specific circumstances of the case. For example, if the injured party was a minor at the time of the accident, the statute of limitation may be extended until they reach the age of majority.

Why Do I Need A Shrewsbury Drunk Driving Attorney?

If you’ve been involved in a drunk driving accident, you may be wondering whether it’s necessary to hire a drunk driving attorney. Dealing with the aftermath of such an incident can be emotionally and legally overwhelming. However, having the services of a DWI accident attorney can make a significant difference in your case.

A Shrewsbury drunk driving accident lawyer can provide vital support by:

Evaluating Your Case: They will assess the strengths and weaknesses of your case to help you understand your legal position and the potential outcomes.
Gathering Evidence: They will collect strong evidence to build a strong claim for your drunk driving accident case. This may include police reports, witness statements, and any other pertinent documentation.
Thorough Case Review: They will meticulously review the details of your case to ensure every aspect is considered in the pursuit of your claim.
Consulting with Experts: They will work with medical experts and legal professionals who can support and strengthen your claim with their professional opinions and testimonies.
Negotiating Settlements: They will negotiate with insurance companies on your behalf to secure a fair and just settlement that reflects the true extent of your losses and injuries.
Court Representation: If a fair settlement cannot be reached, they will represent you in court to advocate for your rights and pursue the compensation you deserve.

If you’ve been involved in a drunk driving accident in New Jersey, don’t navigate the legal complexities alone. Contact a Shrewsbury DWI accident attorney to discuss your case and learn how they can guide you through the legal process and help you seek justice.

Call Our Shrewsbury Drunk Driving Attorney Now!

Don’t underestimate the complexities involved in drunk driving cases or the impact they can have on your life. In the aftermath of a drunk driving accident, obtaining skilled legal representation is essential to protect your rights and pursue the compensation you deserve.

At Kreizer Law, we understand the immense physical, emotional, and financial toll that a drunk driving accident can inflict upon victims and their families. Our New York and New Jersey injury lawyers are committed to fighting for your rights and holding accountable those responsible for the tragic consequences of their actions.

Our Shrewsbury NJ drunk driving accident lawyer can provide the resources, guidance, and support you need to understand the legal process and obtain the compensation you deserve.

Don’t let the impact of a drunk driving accident define your future. Call us now to schedule a free consultation, and let us fight for your best interests, allowing you to focus on your recovery and moving forward.

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