The aftermath of any accident is stressful for victims. If an intoxicated driver is involved, the stress only increases. Drunk drivers might be combative, try to flee the scene, or refuse to exchange information. So, when a drunk driver hits you, the first thing you should do is call 911.
Let the police handle the drunk driver and get their information while you photograph the scene and your injuries. Officers can document the driver’s drunkenness in the accident report. You can go to the hospital if needed and then contact our lawyers. Lawsuits against drunk drivers might yield compensation for all economic and non-economic damages.
To get a free case evaluation from our New Jersey car accident lawyers, call Agrapidis & Maroules, P.C. at (201) 777-1111.
What Should You Do if a Drunk Driver Injures You in New Jersey?
What you do right after a drunk driver hits you might affect your future compensation case. For example, if you don’t call 911, there might not be documentation of the driver’s intoxication later. And, if you don’t go to the hospital, you might be unable to prove your injuries are serious enough for a lawsuit.
Call 911
N.J.S.A. § 39:4-130 requires police reporting for any accidents that cause injury, death, or more than $500 in property damage. After any crash, officers can facilitate drivers exchanging information. They can also write accident reports detailing collisions. When drunk drivers are involved, police officers may administer field sobriety tests or breathalyzers and note a driver’s level of intoxication in the crash report.
Officers may notice the at-fault driver’s drunkenness when they arrive. Still, you can point out their intoxication to ensure officers note it in the report.
Drunk drivers might be stubborn or aggressive after accidents. Having the police there can ensure you get all the information you need. In the following days, we can contact the police department that made the report and get it, along with any supplemental materials like photos.
Take Photos
As you would after an accident, take photos if a drunk driver hits and injures you. Photograph the point of impact on your car, debris on the ground, and even your injuries. Photographing visible injuries at the scene can help prove the drunk driver caused them. Ask police officers for assistance if you need help taking photos.
Go to the Hospital
Because drunk drivers often speed and drive recklessly, they may cause more damage in accidents. The force of impact might make your car flip or roll over, increasing the risk of bad injuries.
If you are hurt, go to the hospital. Paramedics can take you to the emergency room from the scene, and officers will note that in the accident report.
If some injuries, like whiplash, take a few days to appear, seek medical attention when you notice them.
Contact Us
Even when a drunk driver injures you, we may have to prove that you pass the serious injury threshold so you can sue them. Most New Jersey drivers have the limitation on lawsuit option for their personal injury protection (PIP) insurance. Under § 39:6A-8(a), drivers with this type of PIP can only sue after suffering serious injuries, some of which include miscarriage, displaced fractures, and significant scarring or disfigurement, among others.
Your medical records will show whether you pass the serious injury threshold. We will gather them and prepare other aspects of your lawsuit so we can file before the deadline. Most likely, you will have two years from the accident’s date to sue, according to § 2A:14-2(a).
What Damages Can You Get if a Drunk Driver Injures You in New Jersey?
We’ll seek compensation for all the damages you have incurred in your lawsuit against a drunk driver. Starting with your economic damages, which are any financial losses, followed by non-economic damages, which are subjective.
Economic Damages
The most concerning economic damages for most drunk driving victims are medical damages. Breaking a bone, suffering burns, or losing a limb means hospital visits. Some victims need surgery, physical therapy, or other specialized treatments. All of this is compensable, and our New Jersey personal injury lawyers will track each medical expense on your behalf.
Economic damages include your lost wages. Many victims can’t work after drunk driving accidents. Even if that’s only temporary, it will lead to lost wages. Since you can’t work because of the drunk driver, we will argue for them to cover your missed income.
Non-Economic Damages
Testifying in court can help prove your non-economic damages. Victims can discuss possible diagnoses of anxiety, depression, or post-traumatic stress disorder. They can also explain how their quality of life has gone down since the accident.
Mental health experts’ statements can emphasize a victim’s pain and suffering, too. Because of that, we may have experts assess you as we prepare your lawsuit. We can use their statements during settlement negotiations to leverage larger amounts or have them testify during your trial to support your recovery.
Punitive Damages
Drunk driving endangers everyone on the road. When juries agree that drunk drivers showed a wanton and willful disregard for others’ safety through their actions, they may award punitive damages. Under § 2A:15-5.14(b), punitive damages may not exceed five times the compensatory damages awarded or $350,000, whichever amount is greater. You can’t get punitive damages if you settle since juries award them to punish defendants found liable in court.
Punitive damages are on top of compensatory damages, not in place of them. You should still get paid for specific medical expenses, lost wages, and your pain and suffering.
Have Our Lawyers Review Your Car Accident Case in New Jersey
Call the New Jersey car accident lawyers of Agrapidis & Maroules, P.C. for a free case discussion at (201) 777-1111.