Drunk Driving Accident Attorney in New Jersey

New Jersey Law & Drunk Driving Accident Claims

New Jersey sets the legal BAC limit at 0.08%. A driver at or above that threshold is impaired per se under state law, meaning intoxication is presumed without additional proof. A driver may also face DWI charges below 0.08% if alcohol noticeably impairs their driving ability.

The doctrine of negligence per se works in the victim’s favor: proof of a DUI violation can establish the driver’s legal duty and breach without requiring the victim to independently prove each element of negligence. New Jersey’s modified comparative negligence statute, N.J.S.A. 2A:15-5.1, allows a victim to recover even if they bear some share of fault, as long as that share doesn’t exceed 50%. Recovery is reduced proportionally. In drunk driving cases, the intoxicated driver typically bears the overwhelming share of fault, though insurers may attempt to shift blame to the victim to reduce their exposure.

Compensation Available to Drunk Driving Accident Victims

New Jersey follows a no-fault insurance system. All drivers are required to carry Personal Injury Protection (PIP) coverage under N.J.S.A. 39:6A-4, which pays initial medical expenses regardless of who caused the crash. Victims with serious injuries, such as death, dismemberment, significant disfigurement or scarring, displaced fractures, loss of a fetus, or a permanent injury that won’t heal to normal function, may step outside the no-fault system to pursue a third-party liability claim directly against the drunk driver.

Economic Damages
These cover quantifiable losses: past and future medical expenses, lost wages, diminished earning capacity, and property damage.

Non-Economic Damages
These compensate for pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. New Jersey places no statutory cap on pain-and-suffering damages in personal injury cases.

Wrongful Death Damages
When a drunk driving crash kills a family member, surviving relatives may pursue damages for funeral and burial expenses, the decedent’s lost future income, and loss of companionship.

Punitive Damages
New Jersey permits punitive damages when the defendant’s conduct constitutes actual malice or wanton and willful disregard for others’ safety. Under the New Jersey Punitive Damages Act, they are capped at five times compensatory damages or $350,000, whichever is greater. Drunk driving may meet this threshold.

Steps to Take After a Drunk Driving Accident in New Jersey

What you do in the hours and days after a DUI crash can significantly affect the strength of your civil claim. Follow these steps to protect yourself and your case:

• Call 911 immediately and tell the dispatcher if the other driver appears intoxicated so officers can conduct sobriety testing at the scene.
• Accept medical attention even without visible injuries. Internal bleeding and traumatic brain injuries may not present symptoms right away.
• Get the police report number. The report documents whether the driver was cited for DUI and is central to the civil claim.
• Photograph everything you safely can: vehicle damage, road conditions, injuries, and any visible signs of intoxication.
• Collect witness contact information before people leave the scene.
• Don’t give a recorded statement to the other driver’s insurer before speaking with an attorney. Adjusters use these statements to reduce claim value.
• Contact an attorney promptly. Surveillance footage, breathalyzer calibration records, and witness memories deteriorate quickly.

New Jersey’s Statute of Limitations for DUI Accident Claims

New Jersey law gives victims two years from the date of the accident to file a personal injury lawsuit, per N.J.S.A. 2A:14-2. Missing this deadline typically eliminates the right to seek compensation entirely. The clock doesn’t pause while evidence deteriorates or while insurance negotiations are ongoing. When the victim is a minor, the two-year period doesn’t begin until they turn 18.

A civil lawsuit may be filed and may proceed while a criminal DWI case is still pending. Waiting for the criminal case to conclude before consulting a drunk driving accident attorney in New Jersey puts your evidence and your claim at risk. Contact our firm early so we can protect both.