Drunk driving accidents are among the most tragic type of motor vehicle accidents. Unlike other kinds of motor vehicle accidents that are caused by a momentary distraction or loss of concentration, drunk driving accidents are entirely preventable. As every driver knows, they should never get behind the wheel while under the influence of alcohol. Although it is sometimes easier to prove liability when one driver in an accident was driving under the influence of alcohol, drunk driving accidents can often result in more severe injuries than accidents not involving alcohol — drunk driving accidents can involve a higher rate of speed and more violent collisions due to the intoxicated driver’s lack of concentration and delayed reactions.
The attorneys of Andres & Berger, P.C. know that every drunk driving accident has its own complications, whether they be an issue of contested liability or the victim having suffered severe injuries that have caused significant financial harm. We are dedicated to fighting for our clients’ rights and to help our clients obtain the compensation and justice they deserve. If you or a loved one were injured in an accident caused by a drunk driver, you need a New Jersey drunk driving accident attorney who will vigorously advocate for your rights. Our award-winning attorneys have helped clients across New Jersey recover medical expenses, lost wages, and pain and suffering damages.
As with all motor vehicle accident claims, to prove your entitlement to recover damages you must prove the other driver’s negligence. This involves proving four elements:
It may appear easy to prove these four elements if the other party was driving under the influence. However, sometimes it is necessary to first prove that the other party was under the influence of alcohol during the accident — a criminal conviction can make this easy to prove, otherwise you may be forced to prove the other driver’s intoxication through witness testimony. Even if a driver involved in the accident was under the influence, they may try to argue that something or someone else caused the accident, such as another driver’s unsafe maneuver or needing to avoid something on the road. But if the other driver was convicted of DUI, you may be able to claim that they were negligent “per se” because they violated a law intended to protect you and other drivers on the road.
When an accident involves a drunk driver, the intersection of civil and criminal law makes having an experienced drunk driving accident attorney especially important. The attorneys of Andres & Berger, P.C. will undertake an investigation of your case to determine the underlying causes of the accident, whether the drunk driver is ultimately responsible for the accident or if another party or cause was responsible for triggering the accident. A thorough investigation will identify all responsible parties for an accident to ensure our clients receive the maximum possible compensation.
Drunk driving accidents often cause serious injuries to the victims of the accident. That’s why our attorneys work with the best medical experts, including board-certified specialists, to understand the extent of your injuries and what kinds of medical expenses you’ve incurred to treat your injuries and what expenses you are likely to incur in the future. We want to make sure that you are fully compensated both now and in the future. And if your loved one was killed by a drunk driver, we will fight to get your family compensation for your loss — although money can’t bring your loved one back, it may give you and your family some measure of justice.
If you or a loved one were injured in a drunk driving accident, contact the attorneys of Andres & Berger, P.C. today for a consultation on your case. We help the victims of drunk driving accidents all across New Jersey We’ll let you know what your legal options are, the kinds of compensation you may be entitled to, and how we can help you obtain full and fair compensation.
FAQ: Do I need to wait until after the other driver’s criminal trial to file my claim?
If the other driver is criminally charged with DUI from the accident, you do not necessarily have to wait until after those charges are resolved to file your claim. By law, you have a limited period of time in which to file a civil lawsuit from your accident. However, if the other driver is convicted of DUI, it will make it easier for you to prove that driver’s negligence or recklessness in your civil claim. It is important, however, that you contact an attorney that specializes in drunk driving claims as soon as possible to assure evidence is retained and all filing deadlines are met.
FAQ: What kind of damages am I entitled to in a drunk driving accident claim?
Like any personal injury claim, you are entitled to economic damages that you have suffered from the accident, which may include medical expenses, lost wages, and property damage, as well as non-economic damages such as pain and suffering or loss of companionship. If you have a loved one who was killed by a drunk driver in a motor vehicle accident, you and your family may be entitled to wrongful death and survivorship damages. Finally, in rare cases, you may be able to claim punitive damages against a drunk driver if their conduct is found to be particularly egregious or wanton. Merely driving under the influence of alcohol isn’t enough to rise to egregious or wanton conduct; instead, it may be necessary to show the driver knew the risks and dangers of driving under the influence, such as if they attended a drunk driving course on a prior DUI charge.
FAQ: If the drunk driver was served alcohol at a public establishment, can I recover damages from the bar, restaurant or club?
A “dram shop law” is a law that governs lawsuits over injuries caused by people who were served alcoholic drinks at bars, restaurants, clubs or any licensed alcoholic beverage server. You may have a dram shop case against that establishment If you get hit by a drunk driver and can prove that the driver got drunk and was visibly intoxicated when served or sold the alcohol by a licensed alcoholic beverage server. These cases are not uncommon and there is a greater possibility that more money will be recovered if you win because you are not constrained by someone’s auto policy limits.
Andres & Berger wrote
New Jersey Injury and Malpractice
Law - A Reference for Accident and
to assist anyone involved in a
serious accident or who has been
injured as the result of medical
Contact Andres & Berger to recieve a
complimentary copy or:
Personal Injury Attorneys Fight
for Maximum Damages for
Victims Injured in Catastrophic
Accidents in Camden County,
Burlington County and
throughout New Jersey
If you or a loved one is suffering from injuries
or a wrongful death sustained in any catastrophic
accident anywhere in New Jersey including Medford,
Maple Shade or Evesham, contact the
office immediately for a FREE consultation.
Our personal injury and medical malpractice lawyers
specialize in representing clients injured in:
Including anesthesia errors, birth injuries,
delayed or wrong diagnosis, prescription errors, surgical mistakes, and more.
Motor Vehicle Accidents
Including collisions involving cars,
trucks, motorcycles, buses
and pedestrians, etc.
Nursing Home Abuse
Including bed sores and ulcers, falls and fractures, hazardous and unsanitary conditions, wandering and elopement, etc. and unsanitary conditions, wandering and elopement, etc.
Other Personal Injuries
Caused by slip and fall accidents, dog bites,
product liability mishaps
Meet with a Knowledgeable, Experienced Personal Injury Lawyer at Andres & Berger, for Free, about Your Accident and Serious Injuries
Contact the highly successful lawyers at Andres & Berger, P.C. today about your accident. We hold negligent people responsible for the injuries, pain and suffering their careless mistakes and negligence caused others in Mt. Laurel, Pemberton, Moorestown and throughout South Jersey.
We take all personal injury and medical malpractice cases on contingency. There are no upfront costs to any of our clients; Andres & Berger takes on all the financial risk. You don’t pay us unless we collect damages on your behalf. Call our office today to schedule your free consultation and find out how our savvy personal injury lawyers will fight for your family.
* Indicates a required field