Can I Recover Compensation If I Was Hit by a Drunk Driver?


The last thing you expect when driving is to be involved in an accident. Unfortunately, matters may be made even worse when you discover that the driver who struck you is showing obvious signs of intoxication. If a drunk driver hits you and causes injuries, they should be held accountable. Our Monmouth County auto accident attorneys can help you sue for damages and get the compensation that you deserve.

Who Can Face Liability For Injuries Caused by a Drunk Driver?

Determining liability in an accident caused by a driver operating a vehicle under the influence may not be as straightforward as you initially assume, as multiple parties may face liability.

The Driver

The intoxicated driver will be the primary at-fault party. This is because they violated the duty of care owed to you (and other drivers on the road) by operating a vehicle while under the influence of alcohol.

Bars and Restaurants

New Jersey is one of many states that has adopted dram shop laws. Known officially in NJ as the New Jersey Licensed Alcoholic Beverage Server Fair Liability Act, this act seeks to hold establishments liable for overserving an obviously intoxicated individual who then causes a car accident. Generally, you must show that:

• The establishment continued to serve alcohol to a visibly intoxicated individual, OR
• The establishment served a person under 21; AND
• The service was the cause of the accident that led to your injuries

Social Hosts

Like bars, restaurants, and other locations with a license to serve liquor, social hosts of private parties can also face liability if a guest later causes a drunk driving accident after leaving their premises. To recover damages, you must show:

• The person was visibly intoxicated in the host’s presence
• Service to the person created unreasonable harm to others
• The intoxicated guest then caused an accident that left you with injuries

Other Potentially Liable Parties

In addition to the driver and parties who serve them alcohol, you may find that an employer can face liability if the driver was operating a company vehicle, or the owner of a vehicle, if not the driver.

What Kind of Damages Can I Sue a Drunk Driver For?

Being struck by a drunk driver can take a toll on your physical and mental health, with over 360,000 people suffering injuries caused by drunk drivers in 2023. This can result in both economic and non-economic damages. As such, you may be eligible to recover the following:

• Medical expenses
• Future medical expenses
• Lost wages
• Reduced earning capacity
• Loss of enjoyment of daily activities
• Mental health issues like anxiety or PTSD
• Scarring or disfigurement
• Property damages

You may also be able to recover punitive damages. These are damages that seek to punish the drunk driver and deter others from engaging in similar behavior. Under New Jersey law, drunk driving can qualify for punitive damages.

What Should I Do Immediately After an Accident?

If you are struck by a driver who you believe to be under the influence while driving in Monmouth County, these steps can help you best protect yourself:

• Call 911 to request police and medical
• Get medical care at the scene
• Gather evidence, like photos, videos, and police reports
• Get contact information for witnesses
• Do not admit to fault
• Contact an attorney as soon as possible

How Long Do I Have to Sue a Drunk Driver?

Under New Jersey law, you typically have two years to file a claim against the negligent party. This timeframe is known as the statute of limitations. If you fail to file within this time, your case will likely be dismissed and you will be barred from recovering compensation.

What Kinds of Evidence Can Help With My Case?

The more evidence you have, the easier it is to fight for compensation. Some items that can help include:

Witness testimony

If you saw the driver who hit you stumbling, slurring their speech, or exhibiting other signs of intoxication, it can help to have witnesses who can back up your side of the story.

Police Report

When you call the cops to the accident scene, they will write up a report. If anyone was cited for committing a crime, like driving under the influence, the report should mention that.

Chemical Test Results

The results from a breath, blood, or urine test provided objective proof of the driver’s blood alcohol content (BAC) shortly after the accident.

Medical Records

If you get hit by a drunk driver, visiting the doctor as soon as possible should be a top priority. Your medical records and bills can be used as evidence in a case, and the sooner you see a doctor, the harder it will be for an insurer to claim that you got hurt elsewhere.

A DUI Case

When you sue a drunk driver for damages in civil court, they may face criminal charges. While a conviction is not required to prove your case, it can offer strong supporting evidence.

Contact a Personal Injury Lawyer

When you’re ready to learn more about your legal options, contact the Wilton Law Firm. We can schedule a free case consultation for you and tell you more about what our experienced attorneys can do to help.