Drunk Driving Accident
Lawyer in New Jersey
Being injured by a drunk driver in a drunk driving accident can be very traumatizing. In most situations, the drunk driver walks away from the accident without a scrape and you are left with broken bones and serious, life impacting injuries. We understand what is needed to pursue a claim against a drunk driver and also the establishment that allowed him/her to drive drunk in the first place.
We are experienced at locating witnesses that can assist in putting a time line together as to when the driver began drinking and how much alcohol was involved. The Rubinstein Law Firm, LLC New Jersey drunk driving accident attorneys help individuals and their families who have been injured or killed in all types of automobile accidents.
Drunk Driving Accident – Suing the Bar or Restaurant that Served the Drunk Driver
In addition to a claim against a drunk driver who causes an accident resulting in injuries or death, there may be a claim against a bar, restaurant or establishment that served the driver alcohol prior to the accident. If the driver was served alcohol while at a social function at someone’s home or any unlicensed premises, that social host may be liable as well.
The New Jersey Licensed Alcoholic Beverage Server Fair Liability Act is more commonly known as the Dram Shop Act. This is the exclusive civil remedy for personal injury or property damage resulting from the negligent service of alcoholic beverages by a licensed alcoholic beverage server. N.J.S.A. 2A:22A-4. Under the Dram Shop Act, a licensed alcoholic beverage server can be held liable for damages suffered by a person who sustains personal injury or property damage as a result of the negligent service of alcoholic beverages only if three elements are established:
(1) The server is deemed negligent;
(2) The injury or damage was proximately caused by the negligent service of alcoholic beverages; and
(3) The injury or damage was a foreseeable consequence of the negligent service of alcoholic beverages.
According to the National Highway Traffic Safety Administration, about every 90 seconds, someone is injured and every 53 minutes another is killed because of a drunk driver.
When is the Bartender or Server Negligent in Serving Alcohol?
A licensed alcoholic beverage server shall be deemed to have been negligent only when the server served a visibly intoxicated person, or served a minor, under circumstances where the server knew, or reasonably should have known, that the person served was a minor.
When is a Social Host of a Party or Function Negligent in Serving Alcohol?
If a social host serves a guest he/she knows to be drunk, and he/she knows the guest will be driving, the host is liable when that guest leaves and injures or kills someone. A social host is liable when the host willingly and knowingly provides alcohol to either:
- a visibly intoxicated person in their presence, or
- to a person who is visibly intoxicated under circumstances manifesting reckless disregard of the consequences as affecting the life or property of another.
How Can The Rubinstein Law Firm, LLC Help Me?
Drunk driving accidents can result in serious or fatal injuries. The experienced attorneys at The Rubinstein Law Firm, L.L.C. can help. Over the years, we have won millions for our injured clients. In a published case against Trump Plaza Casino we successfully sued the casino for allowing a drunken customer to get their car from the valet resulting in a $250,000.00 judgment. In another case, we successfully sued a bar located at the The Pier Shops at Caesars for serving a visibly intoxicated customer who ultimately fell off an escalator and died.
If you or someone you love has suffered a serious personal injury, you do not have to pay to see a lawyer. The Rubinstein Law Firm, LLC, offers free initial consultations where you can discuss your case with a professional at no cost. Call The Rubinstein Law Firm, LLC at (609) 392-7600 for a FREE consultation.
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