Drunk Driving Accident Lawyer NJ | DUI Crash Attorney
 
 

Drunk Driving Accident Lawyer NJ | DUI Crash Attorney

Published: Dec 05, 2025 in Personal Injury
drunk driving lawyer nj

Being hit by a drunk driver changes your life in an instant. While you were following the rules of the road, someone else made a reckless choice to get behind the wheel while intoxicated. Now you’re dealing with serious injuries, mounting medical bills, and the trauma of an accident that never should have happened. You deserve justice, and you deserve full compensation for what you’ve endured.

📖 17 min read
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📅 Updated: December 5, 2025
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📂 Car Accidents
drunk driving accident lawyer nj - Statewide personal injury attorney - Bhatt Law Group

At Bhatt Law Group, our drunk driving accident lawyers have spent over 20 years fighting for victims across New Jersey. We understand the unique legal issues these cases present, including dram shop liability, punitive damages, and criminal restitution. Our firm has secured millions in compensation for accident victims, including a $2.3 million motor vehicle settlement and a $4.2 million truck accident verdict.

If a drunk driver injured you or someone you love, call us at (201) 798-8000 for a free consultation. We serve clients throughout Hudson County, Essex County, and all of New Jersey from our offices in Jersey City, Newark, and Hackensack.

The Devastating Impact of Drunk Driving Accidents in New Jersey

Drunk driving remains one of the most preventable yet persistent dangers on New Jersey roads. According to the National Highway Traffic Safety Administration (NHTSA), alcohol-impaired driving crashes account for nearly one-third of all traffic fatalities nationwide. In New Jersey, the problem is equally serious, with hundreds of alcohol-related crashes occurring each year on highways like the NJ Turnpike, Garden State Parkway, and local roads throughout the state.

How Alcohol Impairs Driving Ability

Even small amounts of alcohol affect a driver’s ability to operate a vehicle safely. Alcohol slows reaction times, impairs judgment, reduces coordination, and affects vision. At a blood alcohol concentration (BAC) of 0.08%—the legal limit in New Jersey—drivers experience significant impairment that makes crashes far more likely.

The effects worsen as BAC increases. Drivers become overconfident, make poor decisions about speed and following distance, and may even experience blackouts while still operating their vehicles. These impairments turn ordinary vehicles into dangerous weapons.

Common Injuries in Drunk Driving Crashes

Because drunk drivers often speed, run red lights, or crash head-on into other vehicles, the resulting accidents tend to be severe. Common injuries include traumatic brain injuries, spinal cord damage, broken bones, internal organ damage, and severe lacerations. Many victims face months or years of recovery, multiple surgeries, and permanent disabilities.

Our car accident lawyers have represented clients with life-altering injuries caused by drunk drivers. These cases require thorough documentation of both immediate and long-term medical needs to ensure victims receive full compensation.

The Emotional Toll on Victims and Families

Beyond physical injuries, drunk driving accidents cause significant emotional trauma. Victims often develop post-traumatic stress disorder (PTSD), anxiety about driving, depression, and other psychological conditions. Family members who witness a loved one’s suffering or who lose someone to a drunk driver also experience profound emotional pain.

New Jersey law recognizes these non-economic damages, allowing victims to seek compensation for pain and suffering, emotional distress, and loss of enjoyment of life.

New Jersey Laws on Drunk Driving Accidents

New Jersey has strict laws governing drunk driving and providing legal remedies for victims. Understanding these laws is crucial to building a strong compensation claim.

DUI Laws and BAC Limits

In New Jersey, it’s illegal to operate a vehicle with a BAC of 0.08% or higher. For commercial drivers, the limit is 0.04%, and for drivers under 21, any detectable amount of alcohol (0.01% or higher) violates the law. Drivers can also face DUI charges if they’re impaired by drugs, whether illegal substances, prescription medications, or over-the-counter drugs.

A drunk driver who causes an accident faces both criminal charges and civil liability. The criminal case may result in fines, license suspension, and jail time, but it doesn’t provide compensation to victims. That’s where a civil personal injury claim becomes essential.

Modified Comparative Negligence Rule

New Jersey follows a modified comparative negligence rule under N.J.S.A. 2A:15-5.1. This means you can recover damages even if you were partially at fault for the accident, as long as your fault doesn’t exceed 50%. Your compensation will be reduced by your percentage of fault.

In drunk driving cases, the intoxicated driver typically bears the vast majority—if not all—of the fault. However, insurance companies often try to shift blame to victims. Having an experienced drunk driving accident attorney protects you from these tactics.

Statute of Limitations for Filing Claims

New Jersey law gives you two years from the date of the accident to file a personal injury lawsuit. This statute of limitations is strict, and missing the deadline usually means losing your right to compensation forever. While two years may seem like plenty of time, investigating these cases, gathering evidence, and negotiating with insurance companies takes considerable time.

Starting your claim early ensures your attorney has adequate time to build the strongest possible case. Contact our New Jersey personal injury attorneys as soon as possible after your accident.

Dram Shop Liability in New Jersey

New Jersey’s dram shop law allows victims to hold bars, restaurants, and other establishments liable if they served alcohol to a visibly intoxicated person or to someone under 21 who then caused an accident. This law provides an additional avenue for compensation beyond the drunk driver’s insurance.

Proving dram shop liability requires evidence that the establishment knew or should have known the person was intoxicated but continued serving them alcohol. Our attorneys work with investigators to obtain witness statements, surveillance footage, and receipts to establish this liability.

Types of Compensation Available in Drunk Driving Accident Cases

Victims of drunk driving accidents can pursue several types of compensation to cover their losses and hold the responsible parties accountable.

Economic Damages

Economic damages compensate you for measurable financial losses. These include all medical expenses—emergency room visits, hospital stays, surgeries, physical therapy, prescription medications, and future medical care. They also cover lost wages if your injuries prevent you from working, as well as loss of earning capacity if you can’t return to your previous occupation.

Property damage is another economic loss. If your vehicle was totaled or damaged, you’re entitled to compensation for repairs or replacement. Other economic damages might include home modifications for disabilities, transportation costs to medical appointments, and household services you can no longer perform.

Non-Economic Damages

Non-economic damages address losses that don’t have a specific dollar value but significantly impact your quality of life. Pain and suffering compensation accounts for physical discomfort and limitations caused by your injuries. Emotional distress damages cover anxiety, depression, PTSD, and other psychological effects.

Loss of enjoyment of life compensates you for activities you can no longer participate in due to your injuries. Loss of consortium provides compensation to spouses for the loss of companionship, affection, and intimacy resulting from a loved one’s injuries.

Punitive Damages

Unlike compensatory damages that reimburse victims for losses, punitive damages punish defendants for particularly reckless or malicious conduct. New Jersey law allows punitive damages in cases involving actual malice or wanton and willful disregard for others’ safety—standards that drunk driving often meets.

Punitive damages send a strong message that drunk driving is unacceptable and deter others from making similar choices. These damages can significantly increase the total compensation in your case.

PIP Benefits and How They Work

New Jersey is a no-fault insurance state, which means your own auto insurance provides Personal Injury Protection (PIP) coverage for immediate medical expenses and lost wages, regardless of who caused the accident. Under N.J.S.A. 39:6A-8, PIP typically covers up to $15,000 in medical expenses, though higher coverage limits are available.

While PIP provides quick access to funds for initial treatment, it rarely covers all damages in serious drunk driving accidents. You can step outside the no-fault system and file a liability claim against the drunk driver if you meet the verbal threshold (permanent injury, significant disfigurement, or significant limitation of body function) or the medical expense threshold.

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Steps to Take After a Drunk Driving Accident

The actions you take immediately after a drunk driving accident can significantly impact your health, safety, and legal claim.

Ensure Safety and Call 911

Your first priority is safety. If possible, move to a safe location away from traffic. Call 911 immediately to report the accident and request police and medical assistance. Tell the dispatcher if you suspect the other driver is intoxicated—look for signs like slurred speech, alcohol odor, unsteady movements, or open containers in the vehicle.

Police documentation is crucial in drunk driving cases. Officers will investigate the scene, perform field sobriety tests, and potentially arrest the drunk driver. The police report becomes vital evidence in your civil claim.

Get Medical Attention Immediately

Seek medical care right away, even if you don’t think you’re seriously injured. Adrenaline can mask pain, and some injuries like internal bleeding or traumatic brain injuries may not show immediate symptoms. Delaying treatment not only risks your health but also gives insurance companies ammunition to claim your injuries weren’t serious.

Follow all treatment recommendations and attend every appointment. Gaps in medical care allow insurance companies to argue you weren’t really injured or that you made your injuries worse by not following doctor’s orders.

Document Everything

If you’re able, document the accident scene. Take photos of vehicle damage, skid marks, road conditions, traffic signs, and any visible injuries. Get contact information from witnesses who can confirm the other driver appeared intoxicated. Note the time, location, and weather conditions.

Keep detailed records of all expenses related to the accident—medical bills, prescription receipts, mileage to appointments, and income you’ve lost. Document how your injuries affect daily life by keeping a journal of pain levels, activities you can’t perform, and emotional struggles.

Avoid Discussing the Accident

Be cautious about what you say at the accident scene and afterward. Don’t admit fault or apologize, as these statements can be used against you. When giving a statement to police, stick to the facts without speculation. Don’t post about the accident on social media—insurance companies monitor these platforms for evidence to devalue your claim.

Politely decline to give a recorded statement to the other driver’s insurance company until you’ve spoken with an attorney. These companies often use recorded statements to get victims to say things that undermine their claims.

Contact a Drunk Driving Accident Lawyer

Consulting with a drunk driving accident attorney as soon as possible protects your rights and strengthens your case. An experienced lawyer will handle communications with insurance companies, investigate the accident, identify all liable parties, and build a compelling case for maximum compensation.

At Bhatt Law Group, we offer free consultations and work on a contingency fee basis—you pay nothing unless we win your case. Call (201) 798-8000 to speak with our legal team.

How Our New Jersey Drunk Driving Accident Lawyers Can Help

Successfully handling a drunk driving accident claim requires legal expertise, investigation skills, and negotiation experience. Our attorneys provide comprehensive representation throughout the process.

Thorough Investigation of Your Accident

We immediately begin investigating your accident to gather crucial evidence. This includes obtaining the police report, accident scene photos, and witness statements. We request surveillance footage from nearby businesses or traffic cameras that might have captured the crash or the drunk driver’s behavior beforehand.

Our team works with accident reconstruction experts who analyze physical evidence to determine exactly how the crash occurred. We also obtain the drunk driver’s criminal case records, including BAC test results, field sobriety test videos, and police observations of intoxication.

Identifying All Liable Parties

While the drunk driver is obviously liable, other parties may share responsibility. We investigate whether a bar, restaurant, or social host served alcohol to the visibly intoxicated driver or to a minor. If the drunk driver was working at the time, their employer might be liable under respondeat superior principles.

For cases involving commercial truck crashes where the driver was intoxicated, trucking companies often bear liability for negligent hiring or failure to conduct proper alcohol testing. Identifying all liable parties maximizes available insurance coverage and compensation.

Calculating the Full Value of Your Claim

Insurance companies typically offer quick settlements that don’t account for the full extent of your damages. Our attorneys work with medical experts, economists, and life care planners to accurately calculate both current and future losses. This ensures your settlement covers all medical treatment you’ll need, lost earning capacity over your lifetime, and fair compensation for non-economic damages.

For catastrophic injuries common in drunk driving accidents, this thorough calculation can mean the difference between a six-figure and seven-figure settlement.

Aggressive Negotiation and Litigation

We handle all communications and negotiations with insurance companies, protecting you from tactics designed to minimize your compensation. Our attorneys present compelling evidence of liability and damages, backed by expert testimony when needed. Most cases settle during negotiations, but we’re always prepared to take your case to trial if insurers won’t offer fair compensation.

Our trial experience—including our $4.2 million truck accident verdict—demonstrates that we’re serious about fighting for our clients in court. Insurance companies know this and often make better settlement offers to avoid facing us at trial.

Why Choose Bhatt Law Group for Your Drunk Driving Accident Case

Choosing the right attorney significantly impacts your case outcome. Here’s why New Jersey drunk driving accident victims trust Bhatt Law Group.

20+ Years of Personal Injury Experience

Founded by Jay Bhatt, Esq., our firm has dedicated more than two decades to representing accident victims across New Jersey. This experience gives us deep knowledge of New Jersey personal injury law, insurance company tactics, and effective case strategies. We’ve handled hundreds of drunk driving accident cases and understand the unique legal issues they present.

Proven Track Record of Results

Our results speak for themselves. We’ve secured millions of dollars for injured clients, including a $2.3 million motor vehicle settlement, a $4.2 million truck accident verdict, and a $1.9 million rideshare accident recovery. While past results don’t guarantee future outcomes, they demonstrate our commitment to maximizing client compensation.

Recognition from Legal Organizations

Jay Bhatt and our legal team have earned recognition from prestigious organizations including Super Lawyers, AVVO (rated as a Top Attorney), and the National Trial Lawyers Top 100. These honors reflect our dedication to legal excellence and client service.

Personalized Attention to Every Client

We treat every client as our most important case. You’ll work directly with experienced attorneys who know your name, understand your situation, and return your calls promptly. We take time to explain legal concepts in plain language and involve you in all major decisions about your case.

Unlike large firms where you’re just a file number, at Bhatt Law Group, you’re a person who deserves justice and respect.

No Fees Unless We Win

We represent drunk driving accident victims on a contingency fee basis. This means you pay no upfront costs or attorney fees. We only get paid if we secure compensation for you, and our fee comes from the settlement or verdict—not from your pocket. This arrangement ensures everyone has access to quality legal representation regardless of financial circumstances.

Contact Our New Jersey Drunk Driving Accident Attorneys Today

If a drunk driver injured you or a loved one, don’t wait to seek legal help. Evidence disappears, witnesses’ memories fade, and the statute of limitations continues ticking. The sooner you contact us, the stronger case we can build.

At Bhatt Law Group, we’re ready to fight for the justice and compensation you deserve. We serve clients throughout New Jersey, including Hudson County, Essex County, Bergen County, and surrounding areas. Our offices in Jersey City, Newark, and Hackensack make it convenient to meet with our legal team.

Whether your accident involved a standard passenger vehicle, motorcycle crash, rideshare accident, or any other type of collision caused by a drunk driver, we have the experience to handle your case.

Call us today at (201) 798-8000 for a free, no-obligation consultation. We’ll review your case, explain your legal options, and answer all your questions. There’s no risk in calling—but there’s significant risk in waiting. Let us put our 20+ years of experience to work for you.

You didn’t choose to be hit by a drunk driver, but you can choose how to respond. Choose experienced legal representation that fights for maximum compensation. Choose Bhatt Law Group.

Frequently Asked Questions

Can I sue a drunk driver even if they were arrested and charged criminally?

Yes. Criminal charges and civil lawsuits are separate legal processes. The criminal case punishes the drunk driver with fines, license suspension, or jail time, but it doesn’t compensate you for your injuries and losses. You must file a separate civil personal injury lawsuit or insurance claim to recover damages for medical bills, lost wages, pain and suffering, and other losses. In fact, a criminal conviction for DUI actually strengthens your civil case by providing clear evidence of the driver’s negligence and intoxication.

What if the drunk driver didn’t have insurance or enough insurance to cover my damages?

You still have options. First, we investigate whether other parties share liability, such as a bar that overserved the driver. Second, you can file a claim under your own uninsured/underinsured motorist coverage, which is required on all New Jersey auto policies. Third, your PIP coverage provides immediate benefits for medical expenses and lost wages. Finally, drunk drivers with significant assets may be personally liable for damages beyond their insurance limits.

How long does a drunk driving accident case take to resolve?

The timeline varies depending on case complexity and injury severity. Simple cases with clear liability might settle within six to twelve months. Complex cases involving catastrophic injuries or multiple defendants can take two to three years or longer. You shouldn’t settle until you reach maximum medical improvement and understand the full extent of your injuries and future needs. Our attorneys work efficiently to resolve cases while ensuring you receive full compensation.

Can I still recover compensation if I was partially at fault for the accident?

Yes, under New Jersey’s modified comparative negligence rule. As long as you were 50% or less at fault, you can still recover damages, though your compensation will be reduced by your percentage of fault. In drunk driving cases, the intoxicated driver typically bears the vast majority of fault since choosing to drive while impaired is inherently negligent. We gather evidence to minimize your fault percentage and maximize your compensation.

Will I have to go to court for my drunk driving accident case?

Most drunk driving accident cases settle through negotiations without requiring a trial. The strong evidence of the drunk driver’s negligence often motivates insurance companies to offer reasonable settlements. However, some cases do proceed to trial when insurers refuse to offer fair compensation. If your case goes to trial, we thoroughly prepare you for the process. While we always pursue settlement when it serves your best interests, we’re fully prepared to take your case to court if necessary.

Injured in New Jersey? We’re Here to Help.

Our experienced personal injury attorneys have recovered millions for accident victims. Get your free consultation today.

(201) 798-8000

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