When you've been hurt because of the negligence, carelessness or wrongful acts of another driver, you have a right to seek compensation for any personal injuries, as well as property damage. When the other driver was under the influence of drugs or alcohol at the time of the crash, there may be extenuating circumstances that cause you to look to other sources for recovery of financial losses.
According to statistics, in about one of every ten accidents involving a drunk driver, that driver had a prior DUI/DWIconviction. Because one of the consequences of a drunk-driving conviction is a dramatic increase in vehicle insurance premiums, it's not unusual for drivers with prior DUIs to be either underinsured or uninsured. If the motorist who caused your accident doesn't have insurance, or doesn't have enough coverage to compensate you for all your losses, there are some other avenues you can pursue:
- Do you have an uninsured motorist clause in your automobile insurance policy?-For an additional premium, you can add a rider to your policy that provides some coverage if the other driver is uninsured. Don't expect your insurance agent to help you find that provision, though. Let us review your policy and be your liaison with the insurer.
- Who served the alcohol?-Under New Jersey law, you can seek damages from a bar, tavern, restaurant or other establishment that served the alcohol, provided the person was visibly intoxicated when served, or the employee knew or should have known the person was under the age of 21. There is also liability for a social host, a private citizen who provides alcohol to a person who subsequently causes an accident.
- Was the roadway safe?-Were there potholes, cracks in the pavement, loose gravel on the road, or traffic signs or signals that were defective or missing?
- Was the accident caused by any defective or dangerous product? Did your vehicle or the other one malfunction or break down?
CONTACT THE LAW OFFICES OF MALLON & TRANGER
To learn how we can help you if you have been injured, contact us online or call us at 732-702-0333 (toll free at ). There is no charge for your first meeting. We have offices in Freehold, Toms River and Point Pleasant.