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.
Field Sobriety Tests in New Jersey
When you have been pulled over by law enforcement officers, and they suspect that your blood alcohol level exceeds that allowed by law, a common method for identifying signs of intoxication is the field sobriety test. The field sobriety test can take a variety of forms, from walking a straight line to counting backward from a certain number.
A Toms River, New Jersey, woman hired to look after a baby boy for a few hours, was found upon the mother's return passed out - after having drank to excess. Susan Porfido Gibson, 50, left the child crying in a soiled diaper while she drank, and then slept.
Drunk and impaired drivers can be held liable for any injuries and deaths they cause. In cases where a bar, restaurant, liquor store or party host serves alcohol to a visibly intoxicated person, who later causes an injury or fatal accident, that person or establishment can also be held liable under New Jersey's dram shop law. Here, it's important to thoroughly reconstruct the events that happened prior to a drunk driving accident in order to establish a timeline of when a drunk driver started drinking, how much he or she likely had, and the time frame involved. Reviewing bar tabs, credit card purchases, security camera footage (if available) and eyewitness testimony can shed considerable light on whether or not a drunk driver was visibly intoxicated when he or she was served alcohol.
Black boxes and GPS in cars could encroach on the freedom of New Jersey residents as well as others throughout the nation. It appears that the potential for auto-manufacturers to use GPS technology to determine when drivers break laws is already available in most new cars.
Even pop singers like Justin Bieber cannot escape from the long arm of the law when it comes to DUI. Arresting Officer Cosnery pulled over the pop singer around 4:13 a.m. on January 23, 2014, in Miami Beach, Florida.
A southern New Jersey school bus driver has pleaded guilty to driving drunk with 25 students on board. Carole Crockett, 48, of Shamong also pleaded guilty to child endangerment. Crockett was working for a private transportation company. Crockett was arrested in November 2011 while driving students home from Westampton Middle School. Burlington County prosecutors report the plea agreement calls for Crockett to receive a 3-year prison term when she is sentenced in January. Full article.
Phillip Tomsic, A former Lincoln University student, has been given a sentence that is beyond minimum sentencing guidelines. Tomsic will serve five to 10 years behind bars for a November 2011 crash near the southeastern Pennsylvania campus that killed one friend and seriously injured another. The Chester County judge went beyond the minimum sentencing guidelines on Thursday for 23-year-old Tomsic as a warning to young people who drink and drive. Tomsic was convicted in August of charges including vehicular homicide and aggravated assault while driving under the influence, involuntary manslaughter and reckless endangerment. Prosecutors said Tomsic hit a tree at more than 85 miles an hour. His friend Anthony Washington was killed instantly and friend Kadeem Fulmore lost his right foot and his left leg and suffered brain injury and severe burns. Fulmore is still hospitalized.
The biggest New Jersey social host liability case was settled at the end of 2011 and made national news, especially among attorneys, small business owners and parents.