Drunk Driving Accident Lawyers in New Jersey
Reviewed by Mazie Slater’s specialized drunk driving accident attorney [David A. Mazie – Managing Partner of Mazie Slater Katz & Freeman]
In New Jersey, a driver is considered to be driving under the influence if their blood alcohol content (BAC) is over .08. Drunk drivers have slower reactions and frequently weave across the lanes of the highway. They use poor judgment when entering the flow of traffic. They might enter an expressway via the exit ramp and cause a head-on collision — one of the most deadly types of accidents. With all the notoriety and public outcry over driving while intoxicated, it is remarkable that drivers still try to get away with it. Even if they manage to get home safely once, they will eventually cause an accident. It is a sad, but accurate, prediction. This is why it is important to contact an experienced drunk driving accident attorney if you are a victim in a drunk driving accident in New Jersey.
Why Choose Mazie Slater Law Firm to Handle Your Drunk Driving Case
Our award-winning DUI and DWI accident lawyers have extensive experience in suing drunk drivers, bars, restaurants, arenas, and social hosts for causing accidents in New Jersey. In handling these drunk driving lawsuits, our firm works closely with toxicologists, accident reconstructionists, and liquor liability experts to effectively and aggressively prepare and present our clients’ cases.
Our Successful Drunk Driving Settlements and Verdicts in New Jersey
Through our successes, we have obtained a reputation in New Jersey as dram shop and social host liability lawyers who handle high-profile drunk driving accident cases, and no other New Jersey law firm has come close to our success in drunk driving accident cases. Some examples of our drunk driving successes:
- $135 million jury verdict for a young girl who was paralyzed after being involved in a car accident with a drunk driver.
- This is the largest drunk driving verdict in New Jersey history and is notable because it involved a multi-billion-dollar international food and beverage company that sells beer at Giants Stadium, where the driver was allegedly overserved.
- It is also the second largest personal injury jury verdict in New Jersey history (we have the highest personal injury jury verdict as well). In fact, we are the only New Jersey law firm to ever obtain a $100 million plus jury verdict for a single plaintiff and David Mazie is the trial lawyer who won both jury verdicts.
- $2 million settlement for two clients who each suffered traumatic brain injuries after being struck by a drunk driver.
- In this case, we not only sued the driver, we also went after the bar that overserved them to ensure our clients received the compensation they deserved.
- $2 million settlement for social host alcohol service liability against a homeowner who allowed his teen to have a party where underage children were served alcohol which led to a serious car accident in which our client was severely injured and paralyzed.
Rated as one of the Top-Car Accident & Personal Injury Law Firms in New Jersey
Mazie Slater Katz & Freeman’s work on car accident cases, such as DUI/DWI accidents, has helped the firm to consistently be recognized among the most successful personal injury law firms in both New Jersey and across the country. Here are some of the personal injury awards we have won over the years for our work on car accident cases:
- Personal Injury Litigation Department of the Year by the New Jersey Law Journal
- Best NJ Personal Injury Lawyers by Best Lawyers in America
- Lawyer of the Year for David Mazie, one of the firm’s partners, by Best Lawyers in America
- Top 10 Trial Lawyers for David Mazie on the Super Lawyers list for eight separate years, including as the number one-rated New Jersey lawyer on the Super Lawyers list in many of those years.
New Jersey Drunk Driving Statistics
Car Accidents are a subset of personal injury law and encompass a wide variety of cases, such as bus, truck, and drunk driving accidents. Below are some of the statistics about New Jersey’s drunk driving cases.
- In 2023, the National Highway Traffic Safety Administration (NHTSA) recorded that 12,429 people were killed in car accidents involving alcohol impaired drivers across the United States.
- In 2022, the NHTSA recorded 685 deaths in car accidents across New Jersey, with 41% of those being caused by alcohol impaired drivers.
- Over the last 20 years, the New Jersey State Police have recorded New Jersey’s statistics for fatal accidents caused by intoxicated drivers with a BAC of over 0.08%. Below are those stats for the most recent years:
- 100 fatal alcohol related accidents in 2020
- 116 fatal accidents due to intoxicated drivers in 2021
- 122 fatal car accidents with alcohol involved in 2022
- 102 fatal alcohol related car accidents in 2023
Over the past ten years, we have seen a substantial rise in the number of car accidents caused by impaired drivers in New Jersey. Quite often, the drunk driver does not have adequate automobile insurance to cover the damages of the victim. Fortunately, New Jersey has laws that enable someone hit by a drunk driver to sue bars, restaurants, and even private individuals if they served alcohol to the driver while he or she was visibly intoxicated. This is why it is so important to be hyper vigilant on NJ roads, and if you have found yourself injured by a drunk driver, to find a drunk driving attorney who has experience pursuing these kinds of cases.
Common Injuries Caused by Drunk Driving Accidents
Drunk driving accidents frequently result in catastrophic injuries due to the high speeds and impaired reaction times involved, as intoxicated drivers often fail to brake or take evasive action before impact. These collisions commonly cause traumatic brain injuries that can lead to cognitive impairment, memory loss, and permanent disability, as well as spinal cord injuries that may result in partial or complete paralysis. Victims also suffer broken bones, internal organ damage and bleeding, severe lacerations requiring surgical repair, and soft tissue injuries that can cause chronic pain and limited mobility. The psychological trauma is equally significant, with many survivors developing post-traumatic stress disorder (PTSD), anxiety about driving or riding in vehicles, and depression stemming from permanent physical limitations or disfigurement. Common injuries from drunk driving accidents include:
- Traumatic brain injuries (TBIs) ranging from concussions to severe cognitive impairment
- Spinal cord injuries that cause temporary or permanent paralysis
- Multiple bone fractures, including complex breaks requiring surgery
- Internal bleeding and organ damage
- Severe lacerations, burns, and permanent scarring or disfigurement
- Whiplash and neck injuries
- Chest and abdominal trauma from seat belt pressure or airbag deployment
- Limb amputation in the most severe cases
- Post-traumatic stress disorder (PTSD) and other psychological injuries
- Wrongful death
What to do if you are a victim of a Drunk Driving Accident?
If you were a victim in a drunk driving accident in New Jersey, here are the steps you should take to ensure your safety and help your case:
- Call 911 – Report the accident so police can investigate and document the driver’s intoxication.
- Stay at the scene – Never leave; wait for police to arrive and complete their report.
- Seek immediate medical attention – Go to the ER even for seemingly minor injuries, as some injuries from drunk driving accidents are not immediately noticeable.
- Document everything possible – If you are able, take photos of all vehicles, the damage, any visible injuries, etc. Additionally, try to obtain the drunk driver’s insurance information.
- Do NOT discuss the accident – Don’t talk about fault, your injuries, or give recorded statements to anyone except the police.
- Contact an experienced drunk driving accident attorney – Do this before talking to insurance companies.
- Preserve all evidence – Keep medical records, bills, police reports, and all accident-related documents so your attorney can help build your case to get the compensation you deserve.
Who is Liable for Drunk Driving Accidents in New Jersey?
While the intoxicated driver who caused your accident bears primary responsibility, New Jersey law recognizes that multiple parties may share liability for drunk driving crashes.
Dram Shop Claims
Under New Jersey’s Licensed Alcoholic Beverage Server Fair Liability Act (commonly known as the “Dram Shop” law), bars, restaurants, taverns, and other establishments with liquor licenses can be held liable if they negligently served alcohol to a visibly intoxicated person who then caused an accident. This means the bartender or server who continued pouring drinks for someone who was obviously drunk may have contributed to your injuries.We have extensive experience in successfully handling dram shop lawsuits against bars, restaurants and others who who serve guests until they are intoxicated, and then the guest injures another in a drunk driving car accident.
Social Host Liability
If the drunk driver was served alcohol at a non-commercial event, such as a home gathering or celebration where the host could tell the person was overly drunk or even underage, that host could be held liable. We have extensive experience in successfully handling social host lawsuits against homeowners who serve guests until they are intoxicated, and then the guest injures another in a drunk driving car accident.
Employer Liability
In some drunk driving cases, an employer may also be liable if the drunk driver was operating a company vehicle or was on the clock at the time of the accident.
Identifying all potentially liable parties is crucial because drunk drivers often carry insufficient insurance to fully compensate serious injury victims, but pursuing claims against bars, restaurants, or other defendants can provide additional sources of recovery to ensure you receive full compensation for your damages.
How We Determine Liability in Drunk Driving Accidents
Our experienced drunk driving accident lawyers at Mazie Slater will conduct a thorough investigation to identify every liable party and maximize your compensation. Our attorney will obtain police reports, breathalyzer results, and criminal case records, then subpoena credit card receipts, surveillance footage from bars or restaurants, and witness testimony to trace where the drunk driver consumed alcohol. To hold establishments liable under New Jersey’s Dram Shop law, law firms must prove they served someone showing visible signs of intoxication—such as slurred speech or loss of coordination—before that person caused your accident. This often means that our team will consult accident reconstruction experts, toxicologists, and liquor liability specialists to build an airtight case against all responsible parties.
Potential Compensation for Drunk Driving Accidents
Victims of drunk driving accidents in New Jersey can pursue compensation through multiple damage categories, with drunk driving cases often yielding higher awards due to the reckless nature of the conduct. Review the types of compensation available below:
- Economic Damages – These represent all calculable monetary losses, including emergency room treatment, surgery, hospitalization, ongoing rehabilitation and physical therapy, prescription medications, medical equipment and assistive devices, home modifications for disabilities, lost wages during recovery, loss of future earning capacity if you cannot return to your career, and vehicle repair or replacement costs.
- Non-Economic Damages – These encompass immeasurable losses such as physical pain and suffering, emotional distress and mental anguish, permanent scarring or disfigurement, loss of enjoyment of life, and inability to participate in activities you once loved, and reduced quality of daily living. Importantly, New Jersey places no cap on non-economic damages in personal injury cases, allowing juries to award whatever amount they deem appropriate based on the severity and life-altering impact of your injuries.
Remember that drunk driving accident cases present unique opportunities for substantial compensation, given the egregious nature of the conduct and the availability of multiple defendants. Our experienced drunk driving accident attorneys are dedicated to identifying every liable party, pursuing all available insurance coverage, and fighting aggressively to secure maximum compensation that truly reflects the harm caused by someone’s irresponsible decision to drive drunk.
Contact our Drunk Driving Accident Lawyers
At Mazie Slater Katz & Freeman, we detest drunk drivers and will do everything in our power to make sure that they are forced to compensate their victims to the fullest extent possible. Our team of drunk driving accident attorneys are some of the best car accident lawyers in the state, and extremely experienced in suing drunk drivers and making them pay. We aggressively handle each case from the beginning and we won’t let up until the case is settled or goes to court.
If you or a loved one has been in an accident caused by a drunk driver that resulted in serious personal injury or death, protect your rights and contact the New Jersey law firm of Mazie Slater Katz & Freeman. One of our experienced DUI lawyers will get back to you as soon as possible to discuss your case.
Frequently Asked Questions About Drunk Driving Accidents in New Jersey
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How long do I have to file a lawsuit after a drunk driving accident in New Jersey?
You generally have two years from the date of the accident to file a personal injury lawsuit in New Jersey. If you miss this deadline, you can lose your right to seek compensation, so it’s critical to contact a top drunk driving accident lawyer as soon as possible after being a victim in an accident.
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What if the drunk driver doesn’t have insurance or enough insurance to cover my damages?
You may still recover compensation through your own uninsured/underinsured motorist coverage, claims against bars or restaurants that over-served the driver under New Jersey’s Dram Shop law, the driver’s employer if they were working, or social hosts who served alcohol at private parties. Our experienced DUI attorneys will identify all available sources of compensation to maximize your recovery.
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How does New Jersey’s no-fault insurance system affect my drunk driving accident claim?
In New Jersey, your own Personal Injury Protection (PIP) insurance pays for initial medical expenses and lost wages regardless of fault, but you can still sue the drunk driver if you have an Unlimited Right to Sue or if you suffered a permanent injury under a Limited Right to Sue policy. The no-fault system doesn’t prevent you from recovering additional damages like pain and suffering, medical costs exceeding PIP limits, and future expenses. Learn more about how to navigate New Jersey’s car insurance laws.
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Can I sue the bar or restaurant that served the drunk driver?
Yes, under New Jersey’s Dram Shop law, you can hold licensed establishments liable if they served alcohol to someone who was visibly intoxicated and your accident was a foreseeable consequence of that negligent service. These claims are valuable because bars and restaurants typically carry substantial liability insurance policies.
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Will the criminal case against the drunk driver help my civil lawsuit?
Yes, a criminal DWI conviction can serve as powerful evidence of negligence in your civil case and may establish “negligence per se,” meaning the law violation itself proves negligence. However, the criminal case only punishes the driver; only your civil lawsuit can recover financial compensation for your injuries and damages.
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How much is my drunk driving accident case worth?
The value depends on factors including injury severity, medical expenses, lost income, permanent disability, available insurance coverage, and the number of liable parties. Drunk driving cases often result in higher compensation due to more severe injuries, jury sympathy, and multiple liable parties providing access to multiple insurance policies.
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Do I really need to hire a lawyer for a drunk driving accident case?
While not legally required, drunk driving cases involve complex insurance issues, multiple potential defendants, and insurance companies determined to minimize payouts. Additionally, our drunk driving accident lawyers work on a contingency basis, which means there are no upfront costs and you only pay our fees if we successfully resolve your case. Call for a free consultation of your drunk driving accident case.
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What if I was partially at fault for the accident—can I still recover compensation?
Yes, in New Jersey, as long as you were 50% or less at fault, you can still recover compensation, though your percentage of fault will reduce your award. If you’re found 51% or more at fault, you cannot recover anything, so having an aggressive attorney who is experienced in drunk driving litigation who will challenge unfair fault allocations is crucial.
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Can I recover compensation if I was a passenger in the drunk driver’s vehicle?
Yes, passengers can file claims against the drunk driver even if riding in their vehicle, and you’re entitled to full compensation for your injuries. The main exception is if you knowingly got into a vehicle with someone you knew was intoxicated, which may reduce your recovery under comparative negligence law.
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How long will it take to resolve my drunk driving accident case in New Jersey?
Most cases take two to five years to resolve in New Jersey, depending on injury severity, treatment duration, number of liable parties, and whether settlement negotiations succeed or trial becomes necessary.