When you have been hurt in a car accident involving a drunk driver, obtaining damages to cover your losses may be more challenging than in other types of motor vehicle accidents. Statistics show that many persons causing accidents while driving drunk are repeat offenders. As such, there’s a distinct possibility that they may be driving without insurance. Here are some of the ways that you can pursue compensation for your losses.
See If You Have Uninsured/Underinsured Motorists Coverage
As a general rule, insurance companies offer customers the opportunity to add a rider to their policy, wherein they get additional coverage, should the at-fault party not have insurance, or not have enough insurance. It’s typically sold with an additional premium, so you have to look at your policy to determine if it’s in place. Don’t rely on your insurance agent to help you make the determination. Ask your lawyer to confirm if you have coverage.
Look to the Person or Establishment that Dispensed or Sold the Alcohol
Every state has what are known as “dram shop” laws, which allow you to seek damages for parties or establishments that served alcohol to someone who caused an accident. Generally, though, to be liable, the person serving the booze must have either known that the person they served was intoxicated, or must have served such a quantity within a period of time that a reasonable person would conclude would lead to intoxication.
Determine Whether There Were Other Potentially Responsible Parties
There may be other parties whose negligence contributed to the accident. Were there defects in the roadway—potholes, gravel, improper drainage, ice or snow? Did one of the vehicle malfunction, causing the accident? If so, you may be able to recover under a product liability theory.
Contact the Attorneys at Mallon & Tranger
We offer a free initial consultation to anyone who has been hurt as a result of a drunk driving accident. To set up a meeting, contact us online or call us at 732-780-0230 for an appointment. We have offices in Freehold, Toms River and Point Pleasant.