When You Have Been Injured by a Drunk Driver

Seeking Compensation for Your Losses

In the aftermath of a motor vehicle accident, recovering full and fair compensation for all your losses can be challenging, particularly if the at-fault driver was impaired or under the influence of alcohol at the time of the crash. The reality is that many drunk drivers are repeat offenders. As such, they may be underinsured or even driving without insurance. What are your options when you can’t pursue adequate damages from the at-fault party?

File an Uninsured or Underinsured Motorists Claim

In New Jersey, by law, all drivers are required to have a minimum amount of UM/UIM (uninsured/underinsured) coverage. If you’ve been injured in a car accident and the other driver either has no insurance or only has coverage for property damage, ask your insurance provider to file an uninsured/underinsured claim on your behalf. In most instances, you’ll want representation from an experienced attorney. Remember, your insurance company is still a for-profit entity, with an incentive to pay as little as possible to settle your claim.

Take Legal Action against Other Potentially Responsible Parties

In a personal injury lawsuit, you can seek damages from anyone who failed to act reasonably and who caused your injury, in part or in whole. That can often involve potential liability on behalf of parties other than the at-fault driver:

• The person or establishment serving the alcohol — When your injuries are caused by a drunk driver, you may have legal action against the person or business that served or sold the alcohol. Typically, you must show that the at-fault driver was visibly intoxicated when served or was served a quantity that would reasonably lead to impairment.
• The party responsible for maintaining the roadways — If the accident was caused by a condition or defect in the road—loose gravel, potholes, uneven surfaces or water/ice on the road—you may have an action against the municipality that should have maintained it.
• A product liability claim for a defective component or design — If your accident was caused by the malfunction or breakdown of a vehicle of part, you may be able to recover damages against the designer, manufacturer, distributor or retailer.

Contact Attorney Gregg A. Wisotsky—Partner at Javerbaum, Wurgaft Hicks Kahn Wikstrom & Sinins, PC

I offer a free phone consultation to every prospective client. For a complimentary evaluation of your case, contact my office online or call me at 973-241-7468. I will come to your home or the hospital to meet with you, if necessary. All major credit cards are accepted.