Cherry Hill Drunk Driving Accident Lawyer

Key Takeaways

A drunk driving victim can file a civil claim against the impaired driver regardless of the outcome of any criminal case.
New Jersey’s modified comparative negligence rule allows recovery as long as the victim is less than 51% at fault.
Dram shop claims may hold a bar or restaurant liable for overserving a driver who later caused a crash.
A two-year statute of limitations generally applies to drunk driving injury claims in New Jersey.
A Cherry Hill drunk driving accident lawyer can help gather evidence and pursue full compensation.

When you have been injured in a drunk driving accident, you can do more than just wait for the other driver to be held legally accountable. You can also file a legal claim directly against them. Drunk driving car accidents on roads such as Route 70 and Route 38 often cause severe injuries because impaired drivers react slowly and frequently cause high-speed collisions. Victims and families in Cherry Hill need clear guidance on their legal options after a crash caused by an intoxicated driver.

New Jersey Laws on Drunk Driving and Liability

New Jersey law treats drunk driving as both a criminal offense and a basis for civil liability. A driver with a blood alcohol concentration of .08 percent or higher is considered legally impaired, although a driver can still be held liable for a crash with a lower reading if impairment contributed to the collision.

New Jersey follows a modified comparative negligence rule, meaning an injured person can still recover damages even if partially at fault, as long as their share of fault is less than 51%. Any compensation is reduced by the injured person’s percentage of fault.

New Jersey also allows victims to pursue a dram shop claim against a bar, restaurant, or business that served alcohol to a visibly intoxicated person or a minor who later caused a crash. These claims require proof that the establishment continued serving alcohol despite visible signs of intoxication.

New Jersey’s statute of limitations generally gives victims two years from the date of the crash to file a personal injury claim, although exceptions can apply depending on the circumstances. Missing this deadline typically bars recovery entirely.

Common Injuries and Damages in Drunk Driving Accidents

Drunk driving crashes often involve higher speeds and delayed braking, which increases the severity of injuries compared with typical traffic accidents. Common injuries include traumatic brain injuries, spinal cord damage, broken bones, internal organ injuries, and severe lacerations. Damages available in a civil claim typically include the following:

Medical expenses, both current and future, including hospital stays, surgery, and rehabilitation
Lost income from missed work and reduced earning capacity for victims unable to return to their prior job
Pain and suffering compensation for physical pain, emotional distress, and the impact of the crash on daily life
Punitive damages in cases involving especially reckless conduct, such as a driver with multiple prior DUI convictions or one who fled the scene
Wrongful death damages covering funeral costs, loss of financial support, and loss of companionship for families who lose a loved one
Property damage compensation for vehicle repair or replacement, typically handled alongside the personal injury claim

What to Do in the Days Following a Drunk Driving Accident

The steps taken in the days after a drunk driving accident matter as much as those taken at the scene, since a claim can develop and change quickly. Victims should keep the following in mind during the first days and weeks of recovery:

Follow up with a doctor for any symptoms that appear after the initial visit, since injuries such as whiplash, concussions, or soft tissue damage sometimes worsen over several days.
Keep a written record of missed work, ongoing pain, and how injuries affect daily tasks, since this documentation supports a claim for lost income and pain and suffering.
Avoid posting about the crash or injuries on social media, since insurance companies often review these posts to dispute the severity of a claim.
Request a copy of the official police report once it becomes available, and review it for accuracy regarding the other driver’s condition and any citations issued.
Hold on to all medical bills, prescription receipts, and correspondence from insurance companies rather than discarding them.
Contact an attorney before signing any settlement offer or providing a recorded statement to the at-fault driver’s insurance company.

The Criminal and Civil Cases Are Separate but Parallel

A drunk driving crash often leads to two separate cases running side by side. The criminal case is brought by the state against the driver and focuses on punishment, such as fines, license suspension, or jail time. The victim is not a party to this case.

The civil case is separate and is brought by the injured victim. It focuses on compensation for medical bills, lost wages, and pain and suffering rather than punishment. A criminal conviction can support the civil claim as evidence, but it is not required.

Victims can pursue compensation even if criminal charges are reduced or dismissed. The two cases also follow different timelines and standards of proof, since a civil claim generally needs only a preponderance of the evidence.

How a Cherry Hill Drunk Driving Accident Lawyer Can Help

Handling a claim against a drunk driver involves more than proving the collision occurred. An attorney gathers police reports, toxicology results, surveillance footage, and witness statements to establish that impairment caused the crash. Insurance companies often attempt to minimize payouts, even with clear evidence of intoxication, so an attorney negotiates directly with adjusters to pursue fair compensation.

When a dram shop claim applies, an attorney investigates the establishment’s alcohol service records to determine whether liability extends beyond the driver. Camden County Superior Court handles civil cases filed in this jurisdiction, and an attorney familiar with local procedures and filing deadlines helps avoid costly errors.

Why Case Value Depends on More Than the Police Report

Insurance adjusters frequently base early settlement offers on the police report alone, which may not reflect the full extent of a victim’s injuries or losses. Medical records, expert opinions on long-term prognosis, and documentation of lost income build a more complete picture of what a claim is worth.

Victims who accept an early offer without this documentation often receive far less than their claim’s actual value, and most settlements cannot be reopened once accepted. Cases involving disputed fault or a driver who fled the scene require additional investigation to establish liability clearly.

Frequently Asked Questions

Do I need a criminal conviction to file a civil claim?
No. A civil claim can proceed even if criminal charges are reduced, dismissed, or never filed against the driver.

Can I still recover damages if I was partially at fault?
Yes. New Jersey allows recovery as long as the victim’s share of fault is less than 51%, although compensation is reduced accordingly.

How long do I have to file a claim after a drunk driving accident?
New Jersey generally allows two years from the date of the crash, although certain circumstances can affect this deadline.