Lakewood, NJ – Two Injured in DUI Accident on New Hampshire AveNY/NJ Legal News
Lakewood, NJ (May 11, 2022) – On Wednesday, May 11th, two people sustained injuries after an accident caused one of the involved vehicles to overturn.
The accident took place at about 8:00 a.m. on New Hampshire Avenue in Lakewood.
A rescue crew on the scene had to extricate at least one victim from the toppled vehicle.
Two patients were transported by ambulance to an area hospital in unknown conditions.
According to local law enforcement, the driver who caused the accident is believed to have been driving under the influence.
This accident is under review.
Our thoughts are with the injured victim and their family at this time. We hope for their full recovery.
Suing a Drunk Driver For Damages in New Jersey
If Personal Injury Protection benefits are insufficient or unavailable to cover your damages after being injured by a driver under the influence, you are entitled to sue the driver. To see a successful outcome to a personal injury action, the victim must prove that the defendant acted carelessly and that the careless action was the direct cause of their injury. Generally speaking, a good attorney can win a personal injury suit against an intoxicated driver because driving under the influence is a quintessential example of negligent conduct.
Personal injury suits against drunk drivers, however, are subjected to various limitations. Just like any other accident where PIP benefits come into play, the victim can only sue the drunk driver for non-economic damages, those arising from subjective, non-monetary losses, if they received permanent injuries such as death, disfigurement, dismemberment, or the permanent loss of or function of a part of their body.
The permanent injury condition that applies to non-economic damages still applies in cases involving drunk drivers. For example, in Woodworth v. Joyce, a man with a 0.16% blood-alcohol concentration was liable for a collision that left the plaintiffs injured. In spite of the obvious fault, the Appellate Division of the Superior Court would not allow the plaintiffs to sue for non-economic damages unless they could prove they endured permanent injuries.
The law divides damages into two categories: compensatory, which are intended to compensate the victim, and punitive, which are intended to serve as a punishment for the defendant and a warning to others.
Punitive damages are obtainable in New jersey only when the negligent party behaved with willful and deliberate indifference to the safety of others.
Winning your lawsuit is only the halfway point of your fight. Unfortunately, a court-ordered judgment is only helpful if the defendant is able to pay. More often than not, however, the driver is unable to pay the damages on their own so, once again, it becomes a matter of insurance.
A skilled personal injury attorney can review the insurance situation and is often able to construct a case that will convince the insurer to settle, making a lengthy trial unnecessary.
If you were injured by a driver under the influence, contact our car accident lawyers in New York at (800) 469-6476 to see how we can help you.
Notes: Outside sources were used in the creation of this post including news bulletins and first-hand accounts of the accident and injuries involved. As a result, the details of the accident presented have not been independently verified. If you have identified any false information in the story or would like the post to be removed, please inform us immediately, and we will correct the information or remove the post.
Disclaimer: As a member of the local community, we at Metro Law strive to improve the overall safety and quality of life for everyone who lives in our beloved state. We are extremely saddened by these accidents but hope that through an awareness of these dangers, those in our community will take precautions to avoid these accidents. This is not a solicitation for business, and this information should not be misconstrued as medical or legal advice. We wish only the best and quickest recovery to all those involved in the accident. The photos depicted in this post are not from the actual accident scene.