We are all familiar with the term DUI — driving under the influence of alcohol or narcotics. New Jersey drivers know that driving with a blood alcohol concentration (BAC) of 0.08% or more is considered alcohol-impaired by law and doing so results in penalties and fines. And yet, in spite of this, drunk driving accidents continue across the Garden State and the country. If you have been hit by a drunk driver, you may wonder if you can sue that driver for damages. The answer is yes.
Personal injury law
Personal injury law is an area of law that provides protection to those who have been injured because another person or entity behaved recklessly. The legal standard of negligence must be met, and the negligent behavior must have caused the accident that resulted in the victim’s injuries. In the case of an accident involving a charge of driving under the influence of alcohol or drugs (DUI), the victim can seek relief under personal injury law. If the driver is convicted of a DUI, that serves as evidence of negligence and can be used to support the personal injury claim.
New Jersey is a “no-fault” state
In the context of car accidents, New Jersey follows a “no fault” system – meaning that the automobile insurer will pay some or all of the medical bills and lost wages if you are involved in a motor vehicle accident, regardless of who is responsible for the accident. While your options for compensation are limited under the “personal injury protection” provision of your car insurance policy, your payment may be expedited.
New Jersey statute of limitations
In New Jersey, those interested in filing a personal injury claim have two years from the date of the accident to do so; this is called the statute of limitations. Claims must be filed in the court system within that timeframe otherwise the court will not hear the case. Failure to meet this deadline has another consequence: the injured party loses any opportunity to recover compensation for their injuries.
New Jersey injury lawyers dedicated to protecting those injured due to DUI
At Lomurro Law, our experienced legal team has been serving New Jersey families for more than 130 combined years, protecting the rights of the injured and securing compensation for their injuries. Our personal injury attorneys are knowledgeable, skilled, and dedicated to fighting on behalf of our clients. Contact a member of our team today at 732-482-9285 or online to arrange for a complimentary consultation to discuss your case. We are available to meet with you at one of our convenient office locations in Freehold or East Brunswick, or at your home or hospital.