If a drunk driver injured you or a loved one in Clifton, you have the right to pursue compensation for your damages. Drunk driving accidents cause devastating injuries—from broken bones and spinal cord damage to traumatic brain injuries and wrongful death. The financial and emotional toll can be overwhelming, but you don’t have to face this alone. Hire a drunk driving accident lawyer in Clifton from our firm.
Brach Eichler Injury Lawyers represents victims of drunk driving accidents throughout Clifton and Passaic County. Our team of certified civil trial attorneys has recovered over $535 million for injured clients. We maintain a strong track record of securing multi-million dollar verdicts and settlements. We work on a contingency fee basis, meaning you pay nothing unless we recover compensation for you.
Why Choose Brach Eichler Injury Lawyers for Your Drunk Driving Accident Claim
When you’ve been injured by a drunk driver, you need an attorney who understands impaired driving cases. You need someone with the resources to fight for maximum compensation.
- Certified Civil Trial Attorneys – Our lead car accident attorneys hold Certified Civil Trial Attorney designations from the New Jersey Supreme Court. Fewer than 1% of New Jersey lawyers hold this credential. This certification demonstrates exceptional trial advocacy skills and legal knowledge.
- Strong Track Record – Brach Eichler Injury Lawyers has recovered over $535 million for injured clients. Our attorneys appear regularly in the Top 20 New Jersey Verdicts list. This demonstrates consistent success in high-value cases. Edward P. Capozzi holds lifetime membership in the Multi-Million Dollar Advocates Forum. This recognizes his history of securing multi-million dollar recoveries.
- No Upfront Costs – We work on a contingency fee basis. You pay nothing unless we recover compensation for you. This arrangement aligns our interests with yours. We only succeed when you succeed.
- Local Presence – Brach Eichler Injury Lawyers‘s Clifton office serves Passaic County and surrounding areas. We maintain office locations throughout New Jersey. This gives us statewide reach and local knowledge of Clifton’s courts and legal landscape.
- 24/7 Availability – We understand that accidents happen at any time. Our team is available around the clock to answer your questions and provide guidance.
- Personalized Attention – You work directly with experienced trial attorneys, not paralegals or case managers. Your attorney handles your case from start to finish. This ensures continuity and personal attention.
- National Recognition – Our attorneys have earned recognition from Super Lawyers, Best Lawyers in America, National Trial Lawyers, and other organizations. These accolades reflect our commitment to excellence and our peers’ respect for our work.
How Brach Eichler Injury Lawyers Helps Drunk Driving Accident Victims
Brach Eichler Injury Lawyers brings decades of experience handling motor vehicle accidents, including those caused by impaired drivers. Our approach combines thorough investigation, expert analysis, and aggressive advocacy to maximize your recovery. Whether you’ve suffered injuries in a single-vehicle accident or a multi-car collision, our team applies the same rigorous methodology to every case.
Our Process
When you hire Brach Eichler Injury Lawyers, we immediately begin investigating your accident. We obtain the police report, interview witnesses, and preserve critical evidence. This includes traffic camera footage and cell phone records. We work with accident reconstruction experts who analyze the crash dynamics, vehicle damage, and road conditions. They establish how the accident occurred and prove the drunk driver’s negligence.
We also gather medical records documenting your injuries and treatment. This evidence forms the foundation of your damages claim. Whether you suffered minor injuries or catastrophic harm, we build a compelling case. We demonstrate the full extent of your losses. Our approach to handling these cases has resulted in consistent success across various injury types, from spinal cord injuries to traumatic brain injuries.
Edward P. Capozzi, Chair of Brach Eichler Injury Lawyers‘s Personal Injury Department, is a Certified Civil Trial Attorney and Super Lawyer since 2012. He brings proven trial advocacy skills and multi-million dollar verdicts to every case. In 2024, Edward achieved the 12th highest jury verdict in New Jersey—a $2.799 million recovery in a motor vehicle accident case. His expertise in handling complex impaired driving cases makes him a valuable advocate for victims seeking maximum compensation.
His co-counsel, Alex S. Capozzi, is a Certified Civil Trial Attorney and Super Lawyers Rising Star. Alex secured the 13th highest verdict that same year at $2.75 million in a premises liability case. Together with trial attorney Corey A. Dietz, our team brings significant experience to your case. Each attorney brings specialized knowledge in different aspects of personal injury law, allowing us to provide comprehensive representation.
We handle every aspect of your claim, from negotiating with insurance companies to preparing for trial. Most cases settle before trial. However, we prepare every case as if it will go to court. This trial-ready approach gives us leverage in settlement negotiations. You receive fair compensation.
What Happens After a Drunk Driving Accident in Clifton
The moments following a drunk driving accident are chaotic and confusing. Police arrive at the scene, emergency responders treat the injured, and the at-fault driver may face arrest and criminal charges. However, what happens immediately after the accident sets the stage for your personal injury claim. Understanding the immediate steps can significantly impact your case outcome.
When police respond to a drunk driving accident in Clifton, they conduct a criminal investigation. Officers administer field sobriety tests and measure the driver’s blood alcohol content (BAC). They document evidence of impairment. If the driver’s BAC exceeds 0.08%, they face DUI charges under New Jersey law. The police report becomes critical evidence in both the criminal case and your civil lawsuit.
Here’s an important distinction: the criminal case and your civil case are separate matters. The drunk driver may face criminal prosecution for driving under the influence. However, that doesn’t automatically compensate you for your injuries and losses. You must file a separate civil lawsuit to recover damages. This is why you need a personal injury attorney who understands both the criminal and civil aspects of drunk driving accidents.
In your civil case, you don’t need to prove guilt “beyond a reasonable doubt” like prosecutors must in criminal court. Instead, you only need to prove the drunk driver’s liability by a “preponderance of the evidence.” This means it’s more likely than not that their impaired driving caused your injuries. This lower burden of proof makes civil recovery more achievable, even if the criminal case doesn’t result in a conviction.
Types of Damages You Can Recover
New Jersey law allows drunk driving accident victims to recover both economic and non-economic damages. Understanding what compensation you can pursue helps you appreciate the full value of your claim. The damages available in these cases can be substantial, particularly when catastrophic injuries result from the accident.
Economic Damages
Economic damages compensate you for quantifiable financial losses resulting from the accident:
- Medical Expenses – Emergency room treatment, hospitalization, surgery, physical therapy, and ongoing medical care. If your injuries require future treatment, we include those projected costs in your claim. In cases involving traumatic brain injuries or spinal cord injuries, medical expenses can extend throughout your lifetime.
- Lost Wages – Income you lost while recovering from your injuries. If your injuries prevent you from returning to work, we calculate lost earning capacity for the remainder of your working life. This calculation considers your age, education, earning history, and the nature of your injuries.
- Property Damage – The cost to repair or replace your vehicle and any personal property damaged in the accident.
- Transportation Costs – Expenses for rental vehicles, rideshare services, or medical transportation while you recover.
Non-Economic Damages
Non-economic damages compensate you for subjective losses that don’t have a clear dollar value:
- Pain and Suffering – Physical pain, discomfort, and suffering you endured as a result of your injuries.
- Emotional Distress – Anxiety, depression, post-traumatic stress, and psychological trauma from the accident.
- Loss of Enjoyment of Life – Inability to participate in activities you enjoyed before the accident. This includes sports, hobbies, or time with family.
- Scarring and Disfigurement – Permanent visible injuries that affect your appearance and self-esteem.
- Loss of Consortium – If you’re married, your spouse may recover damages for loss of companionship and intimacy.
In cases involving catastrophic injuries or wrongful death, non-economic damages can far exceed economic damages. Our attorneys know how to present these damages persuasively to juries and insurance adjusters.
Proving Liability in a Drunk Driving Accident
To recover compensation, you must prove that the drunk driver’s negligence caused your injuries. In drunk driving cases, several types of evidence establish liability:
- Police Reports and BAC Results – The police report documents the officer’s observations of the driver’s impairment. It includes field sobriety test results and BAC measurement. A BAC of 0.08% or higher establishes impairment as a matter of law in New Jersey under N.J.S.A. 39:4-50.
- Witness Testimony – Eyewitnesses who observed the drunk driver’s erratic behavior before the accident provide powerful witness testimony. Witnesses may describe swerving, speeding, running red lights, or other dangerous driving patterns.
- Accident Reconstruction Experts – These specialists analyze vehicle damage, skid marks, and road conditions. They determine how the accident occurred. Their expert opinions help establish that the drunk driver’s impaired driving caused the collision.
- Toxicology Reports – Blood or breath test results showing the driver’s BAC level at the time of the accident.
- Negligence Per Se – New Jersey recognizes “negligence per se.” This means violating a traffic law (like driving under the influence) constitutes negligence as a matter of law. You don’t need to prove the driver was careless. The DUI violation itself establishes negligence.
- Comparative Negligence – New Jersey follows a comparative negligence standard under N.J.S.A. 2A:15-5.1. Even if you bear some responsibility for the accident, you can still recover damages. Your recovery is reduced by your percentage of fault. For example, if you’re 10% at fault and your damages total $100,000, you recover $90,000.
New Jersey Statute of Limitations for Drunk Driving Accidents
Time is critical in personal injury cases. New Jersey imposes a two-year statute of limitations for personal injury claims under N.J.S.A. 2A:14-2. You must file your lawsuit within two years of the accident date, or you lose your right to recover compensation forever.
Why does timing matter? Evidence deteriorates over time. Witnesses move away or forget details. Traffic camera footage gets deleted. Medical records become harder to obtain. The sooner you hire an attorney, the sooner we can preserve evidence and build a strong case.
Additionally, insurance companies are more likely to settle cases quickly when they know an attorney is actively investigating. Delay signals weakness and gives insurers reason to undervalue your claim.
Don’t wait. Contact Brach Eichler Injury Lawyers immediately after your accident. Our drunk driving accident attorneys in Clifton protect your rights and meet all critical deadlines.
Frequently Asked Questions About Drunk Driving Accidents
What should I do immediately after a drunk driving accident?
First, prioritize your safety and health. If you’re injured, call 911 and seek medical attention immediately. Even if you feel fine, get checked by a doctor. Some injuries don’t manifest symptoms right away. Call the police and report the accident. Document the scene by taking photos of vehicle damage, road conditions, and the accident location. Get contact information from witnesses. Avoid discussing fault or accepting blame at the scene. Report the accident to your insurance company. Finally, contact a personal injury attorney as soon as possible.
How do I know if the other driver was drunk?
Signs of impairment include slurred speech, the smell of alcohol, bloodshot eyes, unsteady balance, and erratic driving behavior. However, you don’t need to personally determine impairment. That’s the police officer’s job. The police report will document the officer’s observations and any BAC test results. If the driver was arrested for DUI, that information appears in the police report. Your attorney can obtain the full police report and toxicology results to establish impairment.
Can I sue a drunk driver even if they weren't convicted of DUI?
Yes. Civil liability and criminal guilt are separate matters. A drunk driver might avoid criminal conviction due to procedural issues, suppressed evidence, or other legal technicalities. However, you can still pursue a civil lawsuit. In civil court, you only need to prove liability by a “preponderance of the evidence”. This is a lower standard than the “beyond a reasonable doubt” standard in criminal court. Many drunk driving accident victims recover compensation even when the criminal case doesn’t result in conviction.
What is the average settlement for a drunk driving accident?
Settlement amounts vary dramatically based on injury severity, medical expenses, lost wages, pain and suffering, and liability strength. Minor injuries might settle for $10,000 to $50,000. Serious injuries can result in settlements exceeding $1 million. Brach Eichler Injury Lawyers has recovered millions in drunk driving accident cases. During your free consultation, we’ll evaluate your specific circumstances and provide a realistic estimate of your claim’s value.
How long does a drunk driving accident case take?
Most cases settle within 1-3 years. The timeline depends on injury severity, the complexity of liability issues, and whether the case goes to trial. Simple cases with clear liability and minor injuries might settle within months. Complex cases involving catastrophic injuries or disputed liability take longer. Our attorneys work efficiently to resolve your case while you receive fair compensation.
Will my case go to trial?
Most personal injury cases settle before trial. Insurance companies often prefer settling to avoid the uncertainty and expense of trial. However, we prepare every case for trial. If the insurance company refuses to offer fair compensation, we’re ready to present your case to a jury. Our trial-ready approach gives us leverage in settlement negotiations. You receive maximum compensation.
What if I was partially at fault for the accident?
New Jersey’s comparative negligence law allows you to recover even if you bear some responsibility for the accident. Your recovery is reduced by your percentage of fault. For example, if you’re 20% at fault and your damages total $100,000, you recover $80,000. However, if you’re more than 50% at fault, you cannot recover under New Jersey law. Our attorneys investigate thoroughly to minimize your percentage of fault and maximize your recovery.
Get Your Free Consultation Today
When you’ve been injured by a drunk driver in Clifton, you don’t have to handle the legal process alone. Brach Eichler Injury Lawyers stands ready to fight for the compensation you deserve. Our team of attorneys handles every aspect of your case. We investigate the accident and gather evidence. We negotiate with insurance companies and represent you in court if necessary.
Don’t let the statute of limitations pass. In New Jersey, you have only two years from the date of your accident to file a personal injury lawsuit. Contact Brach Eichler Injury Lawyers today and take the first step toward justice and recovery with our law firm.
Call us at (973) 364-8300, contact us online to schedule your free, no-obligation consultation with our experienced team.
Related Resources & Blog Posts
Learn more about how Brach Eichler Injury Lawyers handles motor vehicle accident claims and recovers compensation for injured victims throughout New Jersey:
- Understanding DRAM Shop Cases: What You Need to Know – Learn how third-party liability applies when alcohol is served to an impaired driver
- Why Your Pre-Accident Medical History Is So Important – Discover how medical records strengthen your personal injury claim
- How to Request an Accident Report – Essential steps for obtaining police documentation after a crash
- Determining Fault in a Car Accident – Understand liability standards and how comparative negligence applies
- What Not to Say to an Insurance Adjuster – Protect your claim by avoiding common mistakes during settlement negotiations
We are the trial attorneys with the experience and knowledge to get you the results you deserve. At Brach Eichler Injury Lawyers, we take time to get to know you, as well as your case. We are committed to excellence. It is important for our team to understand your fears, concerns and expectations. We are always available to answer any questions, and are willing to come to you if you are unable to come to us.
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