Considering the increase in awareness and knowledge regarding drunk driving, many people make the mistake of thinking that intoxicated driving isn’t that big of an issue anymore. Nothing could be farther from the truth. On average, 32 people lose their lives every day due to alcohol-induced car crashes.
That amounts to one death every 45 minutes of every day!
If you’ve been involved in a DUI crash, you know how much destruction can result from these accidents. Even if a life isn’t lost, you could still suffer life-long consequences and losses. Considering this, who pays for the fallout after a New Jersey and Newark DUI? Learn about the laws in the Garden State regarding DUI accidents below.
How the Law Defines a New Jersey DUI
First of all, it’s important to understand how the law in New Jersey defines a DUI accident. Per New Jersey statutes, a person can be convicted of a DUI if they are discovered operating a motor vehicle with a blood alcohol concentration level of 0.08% or higher. The law also allows police to charge an individual with a DUI even if they do not have a BAC of 0.08% or higher if the officers have reasonable proof to believe the person is impaired.
For instance, if police witness a driver weaving in and out of traffic or driving erratically and the driver appears impaired, they can still get charged even without ever having taken a breathalyzer test. A field sobriety test is often used to ‘prove’ impairment.
When car accidents happen, and police suspect that one driver was impaired, then they will often initiate a field sobriety or breathalyzer test at the scene of the crash.
New Jersey’s “No Fault” Laws and How They’ll Impact Your Car Claim
If an intoxicated or impaired driver causes your accident, then the most reasonable thing is to assume that the drunk driver would be held responsible for the crash. While that’s logical, the laws in New Jersey make things a bit more complicated.
New Jersey is a no-fault state when it comes to car accidents. That means an injured person’s first source of recourse is their own car insurance policy. When you get into a car accident with a drunk driver, then you’ll need to first file a claim with your insurance company. Your provider will likely help cover losses like medical expenses and lost wages.
Keep in mind, though, that your policy has limits, and you won’t be able to seek out more compensation than your policy limits.
What Happens When Your Policy Can’t Cover Your Losses?
So, what are injured New Jersey residents to do when they’ve already gotten compensation from their insurance company but are still struggling under the weight of other losses? In these situations, injured individuals need to hire personal injury lawyers in New Jersey to learn more about their options. Depending on the situation, there’s a good chance that you can make a claim in civil court. By seeking this type of claim, you can recover from losses that weren’t covered through your insurance, including medical bills that weren’t covered, lost wages, pain and suffering, and more.
How to Cope with an Accident in New Jersey
If you were involved in a car accident with a drunk driver and you’re still enduring financial losses as a result, then take that as a sign that you should reach out to a car accident lawyer in NJ. While New Jersey is a no-fault state, the laws still allow injured individuals to pursue justice and financial restoration through the civil court process.
Considering that intoxicated driving is reckless and illegal, there’s a great chance that your claim will be successful.
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