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DUI Accidents In New Jersey
Being hit by a drunk driver changes life in an instant. These crashes are preventable and often leave families facing painful injuries, time out of work, and a maze of insurance and court procedures. New Jersey law gives you the right to seek full compensation from the impaired driver and, in some cases, from a bar or restaurant that overserved them.
DUI accident cases are different from ordinary car crashes in New Jersey. There is a DWI case on one track and a civil injury case on another. Evidence from the criminal case often becomes the backbone of the civil claim, but the criminal court will not pay your medical bills, lost wages, or pain and suffering.
At Aiello, Harris, Abate Law Group, PC, we handle both sides of this. Our team includes certified Alcotest operators and DRE-trained attorneys who work every day with New Jersey DWI law, testing procedures, and serious-injury litigation. That technical background helps us read police reports, Alcotest records, and bloodwork in ways many injury firms cannot, and it enables us to build stronger liability cases against drunk and drug-impaired drivers.
If you or a loved one suffered harm in a crash caused by a drunk or drugged driver, call (908) 561-5577 for a confidential consultation.
How Liability Works in a New Jersey DUI Accident
Negligence and DWI: Why Drunk Driving Changes the Case
In a standard car accident, the injured person must prove that the other driver was careless. When the at-fault driver is under the influence, the analysis shifts.
Under N.J.S.A. 39:4-50, a person commits DWI by operating a vehicle while under the influence of alcohol or drugs, or with a blood alcohol concentration of 0.08% or higher. A proven violation of this statute is strong evidence of negligence. In many civil cases, courts treat this as negligence per se because the driver violated a safety statute intended to protect other road users.
Key points for DUI accident claims:
- A DWI conviction or a guilty plea is strong evidence that the driver acted unreasonably.
- Even an impairment below 0.08% can support liability if it contributed to the crash.
- Drug impairment (prescription, over-the-counter, marijuana, or illegal drugs) can support liability under the same statute.
On top of ordinary negligence, drunk driving can support a claim for punitive damages when the conduct shows a wanton disregard for the safety of others.
Criminal Case vs. Civil Case
The criminal DWI case determines guilt and punishment, including fines, license suspension, ignition interlock, and possible jail time. That case does not pay your medical bills or compensate your family.
The civil injury case is separate. Through a personal injury or wrongful death claim, you may seek:
- Past and future medical expenses
- Lost wages and loss of future earning capacity
- Household services and out-of-pocket costs
- Pain and suffering
- Loss of enjoyment of life
- In appropriate cases, punitive damages
Your civil case can move forward even while the criminal matter is pending. Evidence from the criminal file—police narratives, body-worn camera footage, Alcotest records, blood results, and expert reports—often becomes central to proving liability in the injury case.
How Impairment Is Proven After a DUI Crash
When police investigate a suspected DUI accident, they use several tools to determine if the driver was under the influence. That same evidence becomes valuable in your civil case.
Officer Observations and Field Sobriety Tests
Officers start with what they see and hear through field sobriety tests:
- Odor of alcohol or marijuana
- Slurred speech
- Bloodshot or glassy eyes
- Unsteady balance or poor coordination
- Confused or delayed responses
They may then use standardized field sobriety tests:
- Horizontal Gaze Nystagmus (eye-tracking test)
- Walk-and-Turn
- One-Leg Stand
These tests are not perfect and can be affected by fatigue, medical conditions, footwear, or lighting. Defense lawyers often attack field tests in criminal cases. From the victim’s perspective, however, these observations still demonstrate that the other driver’s judgment and reactions were impaired at the time of the crash.
Breath Testing: Alcotest 7110 and 9510
New Jersey uses the Alcotest 7110 as its approved breath-testing device, with the newer Alcotest 9510 under ongoing court review. Breath testing must follow strict rules:
- A 20-minute observation period
- Use of a properly calibrated machine
- Testing by a certified operator
- Correct data entry and printouts
- Compliance with court-approved procedures
If these rules are not followed, a criminal court may exclude the test or give it less weight. In the civil case, machine records and calibration logs still help show that the driver had a high BAC shortly before the crash. A refusal to submit to breath testing, recorded under N.J.S.A. 39:4-50.4a, is separate misconduct that can support an inference that the driver feared a high reading.
Blood and Urine Testing
In some crashes, police request a blood draw or urine sample, especially when:
- Drugs are suspected, or
- The driver is too injured or unconscious for breath testing.
Blood testing usually requires either consent or a warrant and a clean chain of custody. Lab errors, storage problems, or mislabeled samples can cast doubt on the result. Even so, a valid blood report is strong evidence of intoxication in a civil case.
Urine testing is less precise, yet it can still show the presence of certain drugs.
Our firm routinely reviews toxicology reports, lab chain-of-custody records, and warrant applications, and works with experts who can explain those findings to a civil jury.
Common Causes and Patterns in DUI Accidents
DUI crashes can occur in any setting, yet specific patterns recur.
Alcohol-Impaired Driving
- Late-night or early-morning collisions
- Rear-end crashes at traffic lights and stop signs
- High-speed highway impacts
- Wrong-way driving on divided roads
Higher BAC levels often correlate with excessive speed, delayed reaction time, and poor lane control. These factors lead to more violent impacts and more severe injuries.
Drug-Impaired Driving
Marijuana, prescription medications, sedatives, stimulants, and certain over-the-counter products can all affect:
- Alertness
- Reaction time
- Depth perception
- Judgment
New Jersey does not set a fixed THC limit for driving. Instead, police rely on DRE evaluations, blood testing, and circumstantial evidence.
Under-21 DUI Crashes
Under N.J.S.A. 39:4-50.14, a driver under 21 faces consequences for a BAC of 0.01% or higher. In a civil case, this creates a strong presumption that the young driver should not have been driving at all.
See our guide on Under-21 DWI in New Jersey.
Commercial Drivers (CDL) and DUI
CDL holders face a lower 0.04% BAC threshold under federal rules and can lose their commercial license even for a first offense. When a drunk truck driver or bus driver causes a crash, the injuries are often catastrophic.
See our guide on CDL DWI in New Jersey.
Injuries and Damages in DUI Accident Cases
DUI accidents tend to cause more serious injuries than many other motor-vehicle collisions. High speeds, lack of braking, and head-on or offset impacts are typical.
Frequent injuries include:
- Traumatic brain injury and concussion
- Spinal cord trauma and paralysis
- Complex fractures and crush injuries
- Organ damage and internal bleeding
- Severe burns and scarring
- Wrongful death
Types of Damages
In a DUI accident lawsuit, an injured person may seek:
Economic losses
- Emergency care and hospital bills
- Surgery and follow-up treatment
- Physical therapy and rehabilitation
- Medication and medical devices
- Lost wages and reduced earning capacity
- Replacement services for tasks the injured person can no longer handle
Non-economic losses
- Physical pain
- Emotional distress
- Loss of enjoyment of daily activities
- Disfigurement and scarring
- Loss of companionship in wrongful death cases
Punitive damages
New Jersey law permits punitive damages in rare cases where the conduct demonstrates a high degree of disregard for human life. Drunk driving, especially at high speeds or after prior DWIs, often fits that description. Punitive damages punish the wrongdoer and send a message, separate from compensation for actual losses.
Insurance, PIP, and the Lawsuit Threshold in a DUI Crash
PIP Coverage Still Applies
New Jersey follows a no-fault system under N.J.S.A. 39:6A-1 et seq. Your Personal Injury Protection (PIP) coverage pays medical bills without regard to fault. That remains true even in a drunk-driving crash. PIP may also cover a portion of lost wages and household services, depending on your policy limits.
Your Tort Option Controls Pain-and-Suffering Rights
New Jersey drivers choose either:
- No Limitation on Lawsuit (Full Tort), or
- Limitation on Lawsuit (Verbal Threshold) under N.J.S.A. 39:6A-8.
That choice affects the right to claim pain and suffering.
- With full tort, an injured person may pursue pain-and-suffering damages for any injury caused by the drunk driver.
- With the limitation on lawsuits, an injured person may seek pain-and-suffering damages only if the injuries fit one of six categories in the statute (such as displaced fracture, significant scarring, or permanent injury certified by a doctor).
A DWI arrest, a high BAC, or the at-fault driver’s refusal does not automatically convert a limited-tort policy into a full-tort policy. Those facts strengthen the liability case and often support punitive-damage claims, yet the injury still must meet the statutory threshold if the injured person elected the verbal limitation.
The practical reality is that many DUI collisions involve fractures, surgery, or permanent impairment, so injured people under the limitation on lawsuits often qualify for pain-and-suffering claims anyway.
What If You Had Been Drinking Too?
New Jersey has a separate statute, N.J.S.A. 39:6A-4.5(b), that can bar a plaintiff from suing or receiving PIP benefits after a DWI or refusal conviction arising from the same crash. Recent appellate guidance confirms that this bar applies when there is an actual conviction or guilty plea, not simply an allegation of drinking.
If you had a drink earlier in the evening but were never convicted of DWI or refusal, your claim is usually evaluated under the normal Comparative Negligence Act, N.J.S.A. 2A:15-5.1 to 5.8. In other words, the court or jury may assign a percentage of fault to each party; recovery is barred only if the plaintiff’s share rises above fifty percent.
This point can ease the minds of injured clients who worry that “having a drink” automatically kills their case.
UM and UIM Claims in Drunk-Driving Cases
Many drunk drivers carry only the minimum liability coverage, or none at all. If the at-fault driver is uninsured, underinsured, or flees the scene, you may turn to:
- Uninsured Motorist (UM) coverage
- Underinsured Motorist (UIM) coverage
These benefits are part of your own policy and can provide a vital path to recovery in hit-and-run cases and low-limit policies.
Out-of-State Drivers
When the impaired driver lives in another state, the claim may involve:
- Out-of-state policy forms
- Different minimum limits
- Choice-of-law questions
For a crash that happens in New Jersey, courts typically apply New Jersey’s PIP rules and lawsuit threshold to the injured person’s claim. That can still be complex, especially when multiple insurers are involved.
Dram Shop and Social Host Liability: Claims Against the Bar or Host
Under the New Jersey Licensed Alcoholic Beverage Server Fair Liability Act (Dram Shop Act), N.J.S.A. 2A:22A-1 et seq., a bar, restaurant, or similar establishment may be liable if:
- It served a visibly intoxicated person, or
- It served a minor,
and that service was a proximate cause of the crash.
In practice, dram shop claims require detailed proof:
- Credit-card receipts and point-of-sale data
- Witnesses who saw the driver at the bar or party
- Surveillance video
- Testimony from staff or security
- Toxicology and “retrograde extrapolation” to show likely BAC at the time of service
New Jersey Supreme Court precedent confirms that dram shop liability coexists with auto-insurance reforms; a drunk driver barred from suing another motorist may still have a viable claim against the bar in certain situations. For injured third parties, dram shop claims often add a deeper pocket when the drunk driver carries only minimal coverage.
Special Situations: Minors, Serious Injury, and Fatal Crashes
DWI With a Minor Passenger
Under N.J.S.A. 39:4-50.15, a driver who commits DWI with a minor in the vehicle faces extra criminal penalties. In an injury or wrongful-death case, that fact supports a more substantial claim of recklessness and can increase punitive-damage exposure.
Assault by Auto
When a drunk driver causes injury, prosecutors may file charges under N.J.S.A. 2C:12-1(c) for assault by auto. The offense grade depends on the level of injury and location, with third- and second-degree classifications for serious bodily injury and school-zone enhancements.
In a civil case, this criminal charge underscores the seriousness of the conduct and helps explain to a jury why the drunk driver’s behavior warrants a significant civil verdict.
Vehicular Homicide and Wrongful Death
If a drunk or drug-impaired driver causes a fatal crash, prosecutors may charge vehicular homicide under N.J.S.A. 2C:11-5. The family also has rights under the Wrongful Death Act, N.J.S.A. 2A:31-1 et seq., including claims for:
- Loss of financial support
- Funeral and burial expenses
- Loss of household contributions and guidance
What To Do After a DUI Accident in New Jersey
- Call 911 and seek medical care
Make health the priority. Emergency responders should evaluate everyone at the scene. Even if injuries feel minor, follow up with a doctor, as many injuries may not present until later. - Document the scene
- Photograph vehicle damage, skid marks, road conditions, and traffic controls
- Record any signs of impairment: open containers, slurred speech, odor of alcohol, stumbling.
- Ask for names and contact information for witnesses
- Avoid detailed statements to the other driver’s insurer
Insurance adjusters often try to shift blame or get recorded statements that weaken your claim. Send any calls or letters to your lawyer. - Preserve evidence
Keep copies of medical records, discharge instructions, work notes, repair estimates, and any photos or videos. Save dashcam footage and screen captures of relevant social media posts. - Speak with a New Jersey DUI accident lawyer.
Quick legal guidance helps protect your rights, preserves evidence from the criminal case, and prevents damaging statements to insurers.
The Legal Process: From Claim to Possible Trial
Investigation and Case Building
Our team starts by:
- Getting the full police report, including DWI entries and refusal notes
- Requesting body-worn camera and dashcam footage
- Subpoenaing Alcotest, blood, or urine records
- Photographing the scene and vehicles
- Consulting with accident-reconstruction and toxicology experts
- Identifying possible dram shop or social-host defendants
Insurance Claims and Settlement Talks
Once we understand the facts and injuries, we prepare a demand package that outlines:
- Liability evidence, including DWI or refusal
- All medical treatment and future care needs
- Wage loss and vocational impact
- Non-economic harm, such as pain and suffering
- Any punitive damages and dram shop exposure
Many cases resolve through settlement with the drunk driver’s insurer, UM/UIM carriers, or a dram shop defendant. DUI cases often carry significant settlement value because of the strength of the liability story and the fear of a jury response.
Litigation and Trial
If insurers refuse to pay fairly, we file a lawsuit in the appropriate New Jersey court. During litigation, we:
- Take depositions of the drunk driver, officers, witnesses, and bar staff
- Work with experts in medicine, accident reconstruction, and toxicology
- File motions to obtain criminal case materials and relevant records
- Prepare the case for trial, including exhibits and jury instructions
Juries respond strongly to drunk-driving conduct. While no result can be guaranteed, the presence of DWI evidence, refusal, or a high BAC often creates significant risk for the defense.
Why Choose Aiello, Harris, Abate Law Group for a DUI Accident Case?
- DWI and accident focus: Our lawyers handle both criminal DWI defense and civil injury litigation. That combination matters in DUI accident cases where technical testing issues overlap with serious injuries.
- Technical training: Our team members are certified in Alcotest operation, standardized field sobriety testing, and DRE concepts. We can read machine logs, lab reports, and officer protocols.
- Serious injury experience: We regularly represent clients in cases involving fractures, surgery, traumatic brain injury, spinal cord damage, and wrongful death.
- Dram shop and complex liability: We pursue claims against bars, restaurants, and social hosts when the facts support dram shop liability, and we understand how to layer UM/UIM and dram shop recovery.
- Client-centered approach: We keep clients informed, explain options in plain language, and structure cases around long-term needs rather than short-term settlements.
Past results do not guarantee future outcomes; each case turns on its own facts and law. What we bring is deep expertise in New Jersey DWI and personal injury law, along with a willingness to take cases as far as needed.
FAQs: New Jersey DUI Accident Cases
Can I sue a drunk driver even if they are acquitted?
Yes. A criminal conviction helps, but civil liability can still be proven through police evidence, witness testimony, and testing, even if the prosecutor loses the criminal case.
If the other driver refused the breath test, does that give me full tort rights?
No. Refusal is robust evidence of impairment and may support punitive damages, but it does not change your tort election. You still must meet the statutory injury categories under the limitation on lawsuits, unless you choose full tort.
Can I bring a claim if I had been drinking as well?
Possibly. A DWI or refusal conviction against an injured plaintiff can trigger a statutory bar under N.J.S.A. 39:6A-4.5(b). If there is no such conviction, the case usually falls under standard comparative negligence rules, under which fault is apportioned by percentage.
Do I have to wait for the criminal case to finish?
Not always. Civil claims often begin during the criminal process. Certain stages may be timed to avoid interfering with the prosecution, but you should not wait to seek legal help.
Does PIP still cover my medical bills in a drunk-driving crash?
Yes. PIP applies even when the other driver was drunk.
Can I sue the bar that served the drunk driver?
You can pursue a dram shop claim if evidence shows the bar or restaurant served the driver while visibly intoxicated or served a minor, and that service contributed to the crash.
How long do I have to file a DUI accident lawsuit?
Most injury and wrongful-death claims in New Jersey are subject to a two-year statute of limitations. Some claims, such as those against public entities, have shorter notice requirements. Quick legal advice helps protect these deadlines.
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Call Our New Jersey Car Accident Lawyers
If you or someone you care about was injured by a drunk or drug-impaired driver in New Jersey, you do not have to handle this alone. Involving a lawyer early helps secure critical evidence from the criminal case and keeps your civil claim moving forward.
Call (908) 561-5577 or contact us. Your initial consultation will take place over the phone, and you can schedule an appointment at one of our office locations across New Jersey.
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