An Overview of DUI Accident Claims in New Jersey

If an intoxicated person causes a car accident, then you can use the driver's intoxication to prove their liability for the crash. Below is an overview of such an accident claim.

Proving Impairment

Intoxication impairs judgment, induces drowsiness, impairs vision, and has other effects that make driving dangerous. To win your claim, you must prove that the involved driver was intoxicated and tie the intoxication to the accident. Below are some of the things you can use to prove your case.

Citation for Open Container Law

Open container law prohibits drivers from possessing open containers of alcohol in their vehicles. Drivers who violate the law receive citation for the same. The law applies to drinks with at least 0.5 percent of alcohol by volume.

The rationale is that a drier with an open container of alcohol is more likely to drink and drive than a driver with a closed container. Thus, if the authorities cited the defendant for violating the open container law, you can use the citation as evidence in your auto accident claim.

DUI Arrest or Conviction

Like all states, New Jersey doesn't allow driving under the influence. Driving under the influence (DUI) laws consider a driver's age and type of vehicle. Specifically, the law presumes that:

• Any adult driver is guilty of DUI if their blood alcohol content (BAC) is 0.08 or greater
• Any driver under the age of 21 is guilty of DUI if their BAC is at least 0.01
• Any commercial driver is guilty of DUI if their BAC is greater than 0.04

The state also has implied consent laws, which allows authorities to test drivers for intoxication whenever necessary. The police typically test drivers for intoxication in suspicious accidents. You should also alert the police to the possibility of the other driver's intoxication at the scene if you suspect it.

The police report will contain details of the other driver's intoxication. Get the police report and use it to prove the driver's liability for your accident. Your liability claim will be even stronger if a criminal court convicts the driver of DUI. Note that criminal cases typically conclude faster than civil cases.

Eyewitness Testimony

Those who witnessed the accident can testify on your behalf and help prove the other driver's intoxication. Visible signs of intoxication include:

• Loud speech
• Slurred speech
• Staggering
• Bloodshot eyes

Maybe a pedestrian had seen the driver stagger out of their car after the crash. That is why you should talk to potential witnesses, which include anyone at the accident scene, and take their contact information after a crash.

Photos and Videos

Lastly, you can use photos or video of the accident and accident scene to support your claim. For example, video footage of the driver's erratic driving can help support your intoxicated driving claim. Photos of open containers of alcohol can also help you.

Third-party Liability

Note that the intoxicated driver is not necessarily the only one liable for your accident. Third-party liability is possible under dram shop and social host liability laws. These laws apply if:

• A social host or alcohol vendor provides alcohol to a person under the age of 21
• A social host or alcohol vendor serves alcohol to a visibly intoxicated person
• An intoxicated person in either of these scenarios causes an accident

Therefore, you should investigate if you should file a claim against a relevant third party. A third-party claim increases your chances of full damage recovery.

If you are the victim of a DUI accident, Borbi, Clancy, & Patrizi, LLC, can help you prove that the driver was intoxicated and that their intoxication contributed to the crash. Contact us for a free initial consultation so that we can begin to work on your case.