While you may take the necessary precautions to keep yourself and others safe on the road, such as driving defensively and always checking your blind spot, others may not share the same priorities. Unfortunately, this may be evident if you are injured by a drunk driver. If this reflects your circumstances, the following blog explores what you should know about these matters, including the importance of working with a New Jersey auto accident lawyer to help you through these difficult times.
What Should I Do Immediately Following a Drunk Driving Accident?
When you are injured in an accident in New Jersey, the most important thing you can do immediately after the collision is to contact emergency services. This ensures that the police arrive on scene to compile a report and conduct a preliminary investigation, while also ensuring that the emergency medical technicians can treat any injuries you’ve suffered.
Generally, while you wait for the police, you’ll want to exchange insurance and contact information with the other driver. However, if they are visibly intoxicated or agitated, you should inform the 911 operator and remain in your vehicle until the police arrive. Once they are on the scene, they can assist you in gathering this information.
Finally, you should collect as much evidence from the scene as possible. This includes obtaining a copy of the police report, as it may contain information about the other driver’s BAC or arrest details, which can be critical for your case. Additionally, you should take as many photos and videos of the scene as possible, including the damage to both vehicles, where the vehicles are positioned on the road, and any visible injuries you have suffered.
Can I File a Claim Against a Drunk Driver?
When you are injured by a drunk driver, it’s important to understand your legal options and how to proceed. Generally, you’ll find that the driver will likely face criminal charges, but you may be able to file a claim against the driver. New Jersey is a no-fault accident state, meaning you will file a claim under your own Personal Injury Protection (PIP) insurance. However, if your injuries exceed your coverage or your injuries are considered serious, like suffering a permanent disability, disfigurement, or loss of function, you can file a claim against the driver directly.
You should note that, generally, when filing a personal injury claim, you are responsible for fulfilling the burden of proof that shows the defendant acted negligently. However, it’s important to understand that if the driver was issued a citation or arrested for drunk driving, this is proof of their negligent actions, as it constitutes negligence per se. This is a legal standard in which a defendant can be held liable because the act they committed was negligent in and of itself.
When you are hurt because of another party’s decision to drive while under the influence, it’s important to understand your legal options. At the Law Office of Craig M. Rothenberg, we understand how difficult these matters can be to navigate, which is why we will do everything possible to assist you through these complicated matters. We can help fight for you through these complex times to help you recover the justice and compensation you deserve for the injuries you have sustained. When you need help, do not hesitate to contact us today.