Search Site
Menu
Your Rights to Sue a Drunk Driver for Accident Injuries

drunk driving accident

If you are hurt in an accident caused by a drunk driver, you have the same rights to recover compensation as you would against any negligent driver, but there are a couple of special considerations. First, let’s recap the personal injury basics:

  • Under New Jersey’s Personal Injury Protection (PIP) law, a party injured in an auto accident must first file a claim with the insurer covering the vehicle in which he or she was injured, rather than against the negligent driver.
  • PIP only covers medical costs, work-loss costs and funeral expenses, not pain and suffering. PIP payments are limited by the terms of the policy. You may use your health insurance as the primary source for covering medical costs.
  • The PIP coverage determines whether the victim has a limited right to sue (limited tort) or unlimited right to sue (unlimited tort). With limited right to sue, the victim can only sue the at-fault driver for medical costs, not pain and suffering, unless the victim has suffered a severe injury such as dismemberment, disfigurement, a lost fetus, or permanent injury. With unlimited tort, the victim can sue for all losses, including pain and suffering, for any injury.

The fact that the driver who caused the accident was drunk at the time does not change any of these restrictions. There are, however, a few other points to keep in mind:

  • A finding that the other driver was intoxicated generally makes it easier to prove fault in a lawsuit, but is not dispositive and does not rule out comparative negligence on the part of the victim.
  • A drunk driver who causes a serious accident may be driving on a suspended or revoked license and without insurance. This means any judgment for your personal injury case would have to come out of his personal resources, such as savings, a home, or a business.
  • A drunk driver who causes an accident where there is property damage, physical injury, and possibly the death of another person faces an aggressive prosecution for serious crimes. If the driver is found guilty, liability in a civil lawsuit is ensured. However, the driver may have exhausted his personal resources defending the criminal charges, making it very difficult to collect on your personal injury claim.

To get the greatest recovery for your auto accident claim, you should consult an experienced personal injury attorney as soon as possible. Seigel Law is ready to help in Bergen County or anywhere in New Jersey. Contact us online or call 201.444.4000 today for a free case evaluation.

Leave a Reply

Your email address will not be published. Required fields are marked *

VERDICTS & SETTLEMENTS
  • $7,900,000

    Recovery on behalf of the 16-year-old girl injured by electrical malfunction

  • $8,000,000

    Jury verdict in a catastrophic injury case

  • $1,100,000

    Settlement for a fractured arm in Passaic County

  • $4,775,000

    Settlement for a woman in Bergen County injured in a trucking accident

Meet Our Attorneys


  • (61 Reviews)

    By Teresa R Perez - January, 2018

    I have had a great experience thus far. The personal injury process is stressful and they have been helpful and courteous in getting me the right referrals. I was injured while visiting NJ and live in another state, my case is not an easy one but they are working diligently to help. I appreciate the personalized attention and highly recommend this firm.

    Read More

  • (61 Reviews)

    By Miriam Smith-Leone - December, 2017

    The law office was great with my back and neck injury. They directed me to the right doctors and got me a huge settlement. Being a single mom, it help pay off all my debt and bills. Me and my kids can have a bill free christmas, with plenty of food and happiness, stress free. They are the best ever and I would highly recommend them to anyone rich or poor, who has been in an accident and need legal help...

    Read More

  • (61 Reviews)

    By L C - October, 2017

    After the misfortune of suffering an injury, I had the good fortune to choose Seigel Law to represent me. During my initial meeting with Jan Seigel, I found him to be extremely confident and reassuring---he totally put me at ease. I was represented by Mark Mc Bratney---an EXCELLENT attorney. He was supportive and professional through the entire process, and provided an excellent outcome for my case.

    Read More

  • (61 Reviews)

    By Liliana Paredes - October, 2017

    Honest, trustworthy and very straight forward. In unvarnished truth Jonas Siegel will tell you exactly where you stand and what direction you should go. Jonas has tenacity coupled with a degree of tenderness, but never losing site of the end goal, which is to protect, defend and have the best outcome for his clients. I defenetly recoment this law firm. Thanks for helping me out in my case.

    Read More

  • (61 Reviews)

    By Oren Goldshmidt - September, 2017

    I'd like to thank everyone at segal law for the amazing experience they provided me. From the moment I stepped in to the end of the case , segal and his team delivered exactly what they promised. I couldn't have received any better treatment from a law firm. Any concerns, questions or problems I had were addressed and dealt with accordingly...

    Read More

What we offer our clients


Knowledge

Personal injury and medical knowledge

Our knowledgeable team of personal injury lawyers includes a medical doctor who advises on complex medical topics

chat2

One-on-one attorney attention

By maintaining a limited number of cases, our attorneys can provide personalized attention to each client we serve

idea2

Results-oriented strategies

Our lawyers have won numerous high verdicts and settlements, many in the high six- and seven-figure range, for our injured clients

Trial_Experience

Trial experience

Every trial attorney in our firm is a certified trial attorney by the New Jersey Supreme Court

Communication

Communication as a priority

We understand how important communication is to a successful attorney-client relationship, we return calls within 24 hours

Community

Community involvement

Our lawyers and staff are active in community outreach and community service programs

Testimonials
  • "The lawyers at Seigel Law know how to get you the results you want. Jan Seigel and His team returned every one of my phone calls, listened to me and worked with me to a desirable outcome. Seigel Law definitely goes above and beyond to protect the injured." - B.M.

  • "After my car accident, my life turned into a disaster. Dealing with everything became impossible. Jan Seigel and his people helped me with every aspect of my injuries and the insurance companies so I could focus on healing. They helped me through everything and they got me what I was due." - M.P.

  • "I found the personnel to be very efficient, and work very quickly. I'm happy that I was referred to this firm, because I found that I was very comfortable working with them." - F.V.

  • "Amazing. I have to say they were very supportive and were able to give me tons of information. I didn't feel rushed and felt they truly cared about my well-being. Their website is also extremely helpful and well setup." - T.D.

Contact us

Quick Contact Form