Every year, thousands of New Jersey residents suffer serious injuries in accidents caused by impaired drivers. According to the National Highway Traffic Safety Administration, drunk driving accidents account for nearly thirty percent of all traffic fatalities in the United States. In Union County, where Elizabeth is located, drunk driving remains a persistent threat to public safety.
If you or a loved one has been injured in a drunk driving accident in Elizabeth, you face a unique situation. Unlike typical car accidents, DUI accidents involve a driver who violated criminal law—and that distinction matters significantly for your personal injury claim. At Brach Eichler Injury Lawyers, our experienced Elizabeth personal injury attorneys understand the physical, emotional, and financial devastation that drunk driving accidents cause. We’ve spent over 50 years helping accident victims recover full compensation for their injuries, and we’re ready to fight for you.
You don’t pay unless our DUI accident lawyer in Elizabeth, NJ, recovers fair compensation for you. Call (908) 460-7277 for a free consultation.
Why Choose Brach Eichler Injury Lawyers for Your DUI Accident Case
Certified Civil Trial Attorneys
Our lead attorneys, Edward P. Capozzi and Alex S. Capozzi, are both certified civil trial attorneys by the New Jersey Supreme Court. This certification recognizes exceptional skill in trial advocacy and is held by less than 2% of New Jersey attorneys.
Proven Track Record
- Edward P. Capozzi: 50+ years of experience, Super Lawyers since 2012, Best Lawyers in America 2026, Lifetime Multi-Million Dollar Advocates Forum member
- Alex S. Capozzi: Super Lawyers Rising Star, Best Lawyers Ones to Watch, 2024 Top 20 NJ Verdicts ($2.75 million verdict)
- Corey A. Dietz: Best Lawyers Ones to Watch 2026, $3.55 million settlement in motor vehicle accident
Multi-Million Dollar Recoveries
Our firm has recovered over $535 million for injured clients. Recent case results include:
- $21.8 million settlement for child struck by commercial vehicle
- $7.225 million settlement for motor vehicle accident victim
- $3.55 million settlement for car accident victim
- $2.25 million settlement for public transportation accident victim
Local Elizabeth Office
We maintain an office in Elizabeth at 351 Jersey Ave, Unit B, making it convenient for local clients to meet with our attorneys. Our Elizabeth personal injury attorney team is ready to help.
No Recovery, No Fee
We work on a contingency fee basis. You pay nothing unless we recover compensation for you. This means you can pursue your claim without financial risk. Learn more about the difference between contingency fees and retainers.
24/7 Availability
We understand that accidents happen at any time. Our team is available around the clock to answer your questions and provide immediate assistance.
Negligence Per Se in New Jersey DUI Cases
Under New Jersey law, any driver with a blood alcohol content (BAC) of 0.08% or higher is legally impaired. When such a driver causes an accident, negligence per se applies automatically. This shifts the burden of proof—the drunk driver must now prove they were not negligent, rather than you having to prove they were.
This legal advantage is powerful. It means the insurance company cannot argue that the accident was your fault or that the driver was exercising reasonable care. The law has already determined that driving impaired is negligent, period. This strengthens our negotiating position and increases settlement value. For more information on how we handle these cases, see our guide on determining fault in car accidents.
What Makes DUI Accidents Different from Other Car Accidents
When a drunk driver causes an accident, the legal landscape shifts dramatically in your favor. This is because New Jersey recognizes a legal principle called “negligence per se.”
Negligence per se means that when a driver violates a traffic law—in this case, driving under the influence—they are automatically considered negligent. The drunk driver cannot argue that they were driving carefully or that the accident wasn’t their fault. The law presumes negligence based on the violation itself.
This legal advantage strengthens your personal injury claim significantly. Instead of proving the driver was careless, we only need to establish that:
- The driver was impaired (BAC of 0.08% or higher)
- The impairment caused the accident
- The accident caused your injuries
Additionally, New Jersey law allows victims of drunk driving accidents to pursue punitive damages—damages designed to punish the wrongdoer and deter similar conduct. Punitive damages go beyond compensating you for medical bills and lost wages; they hold the drunk driver accountable for their reckless behavior. This can significantly increase the value of your settlement or verdict.
Common Injuries from Drunk Driving Accidents
Drunk driving accidents often result in severe injuries because impaired drivers have slower reaction times and reduced ability to avoid collisions or minimize impact. Common injuries we see include:
- Whiplash and soft tissue injuries – Neck and back pain that can persist for months or years
- Traumatic brain injuries (TBI) – Ranging from concussions to permanent cognitive damage
- Spinal cord injuries and paralysis – Potentially life-altering disabilities
- Broken bones and fractures – Requiring surgery and extensive rehabilitation
- Internal injuries and organ damage – Often requiring emergency surgery
- Psychological trauma and PTSD – Emotional injuries that are just as real as physical ones
The severity of injuries in drunk driving accidents often exceeds those in typical car accidents. Impaired drivers cannot brake effectively or steer to avoid impact, resulting in higher-speed collisions and more catastrophic outcomes.
Catastrophic Injuries Require Aggressive Representation
When a drunk driving accident causes catastrophic injury—permanent disability, paralysis, or traumatic brain injury—the financial impact extends far beyond immediate medical bills. Victims face lifetime medical care, ongoing rehabilitation, lost earning capacity, and permanent lifestyle changes.
These cases demand aggressive representation from attorneys who understand catastrophic injury litigation. Settlement amounts must account for decades of future medical care, lost wages over a lifetime, and the profound impact on quality of life. At Brach Eichler Injury Lawyers, our DUI accident attorneys in Elizabeth, NJ, have recovered multi-million dollar settlements in catastrophic injury cases, including a $21.8 million settlement for a child struck by a commercial vehicle and a $7.225 million settlement for a woman injured in a motor vehicle collision. See our case results for more information.
How Brach Eichler Injury Lawyers Handles DUI Accident Claims
Our approach to DUI accident cases is thorough, aggressive, and results-focused. Here’s how we work:
Investigation and Evidence Gathering
We immediately begin investigating your accident. This includes obtaining police reports, BAC test results, toxicology reports, and any available video evidence (dash cam, surveillance footage, police dashcam). We also interview witnesses while their memories are fresh and may hire accident reconstruction experts to establish exactly how the accident occurred. Understanding how to read an accident report is crucial to building a strong case.
Establishing Impairment
We work with toxicologists and medical experts to establish the drunk driver’s level of impairment at the time of the accident. This includes analyzing breathalyzer results, blood test results, and field sobriety test documentation. We also examine whether the police properly administered these tests—improper administration can sometimes challenge the results.
Insurance Negotiations
Armed with strong evidence of the drunk driver’s impairment and negligence, we negotiate aggressively with the at-fault driver’s insurance company. Insurance adjusters know that drunk driving cases are difficult to defend, and our track record of successful settlements and verdicts gives us significant leverage. Learn what not to say to an insurance adjuster to protect your claim.
Litigation if Necessary
If the insurance company refuses to offer fair compensation, we’re prepared to take your case to trial. Our attorneys are certified civil trial advocates with decades of courtroom experience. We’ve obtained top 20 verdicts in New Jersey, and insurance companies know we’re willing to litigate. For more on this process, see why some personal injury cases go to trial.
Evidence We Pursue in DUI Accident Cases
- Breathalyzer and blood test results
- Toxicology reports
- Dash cam and surveillance footage
- Police dashcam video
- Field sobriety test documentation
- Police reports and arrest records
- Witness statements
- Accident reconstruction analysis
- Medical records documenting your injuries
- Expert testimony from toxicologists and medical professionals
For guidance on requesting surveillance footage of your accident, our team can assist you through the process.
Compensation Available for DUI Accident Victims
New Jersey law allows you to recover comprehensive compensation for injuries caused by a drunk driver:
Economic Damages (Quantifiable Losses)
- Medical expenses (past and future)
- Surgical costs and hospitalization
- Rehabilitation and physical therapy
- Prescription medications
- Medical equipment and home modifications
- Lost wages and lost earning capacity
- Property damage to your vehicle
Non-Economic Damages (Pain and Suffering)
- Pain and suffering
- Emotional distress and trauma
- Loss of enjoyment of life
- Disfigurement or scarring
- Loss of consortium (impact on family relationships)
Punitive Damages
In drunk driving cases, New Jersey allows punitive damages to punish the wrongdoer and deter similar conduct. These damages are in addition to compensatory damages and can significantly increase your recovery.
Important Note on Comparative Negligence
New Jersey follows a “comparative negligence” rule. Even if you were partially at fault for the accident, you can still recover damages—your recovery is simply reduced by your percentage of fault. For example, if you were 10% at fault and your total damages are $100,000, you would recover $90,000.
Frequently Asked Questions About DUI Accident Claims
What if I was partially at fault for the DUI accident?
New Jersey’s comparative negligence law allows you to recover even if you were partially at fault. Your recovery is reduced by your percentage of fault. For example, if you were 20% at fault and your damages total $100,000, you would recover $80,000. We thoroughly investigate all factors in your accident to minimize your liability and maximize your recovery.
How long do I have to file a DUI accident claim?
New Jersey’s statute of limitations for personal injury claims is two years from the date of the accident. This means you have two years to file a lawsuit. However, don’t wait. Evidence degrades over time, witnesses’ memories fade, and surveillance footage may be deleted. We recommend contacting us immediately after your accident to preserve critical evidence. See our guide on suing after an accident time limit.
Can I recover punitive damages in a DUI accident case?
Yes. New Jersey allows punitive damages in drunk driving cases when the driver’s conduct was reckless or wanton. Punitive damages are designed to punish the wrongdoer and deter similar conduct. They significantly increase settlement value beyond compensatory damages for medical bills and lost wages.
What if the drunk driver was uninsured?
If the at-fault driver was uninsured, your own insurance policy’s uninsured motorist (UM) coverage applies. UM coverage is designed to protect you when the at-fault driver lacks insurance. We pursue all available coverage sources to ensure you receive full compensation.
How much is my DUI accident case worth?
Every case is unique. Settlement value depends on:
- Severity of your injuries
- Medical expenses (past and future)
- Lost wages and earning capacity
- Pain and suffering
- Permanent disability or disfigurement
- Impact on quality of life
- Insurance policy limits
We provide a personalized evaluation during your free consultation.
Will my case go to trial?
Most cases settle before trial, but we prepare every case as if it will go to trial. Insurance companies know we’re willing to litigate, and this strengthens our settlement negotiations. If a fair settlement cannot be reached, we’re prepared to present your case to a jury.
How long does a DUI accident case take?
Simple cases may resolve in 6-12 months. Complex or catastrophic injury cases may take 1-3 years or longer. We keep you informed throughout the process and work diligently to resolve your case efficiently while maximizing your recovery.
Contact Brach Eichler Injury Lawyers Today
If you’ve been injured in a drunk driving accident in Elizabeth, don’t face the insurance company alone. Hire our law firm and our team of experienced attorneys now. Brach Eichler Injury Lawyers has spent over 50 years fighting for accident victims and recovering millions in compensation.
Call us today at (908) 460-7277 for a free consultation. Our team of attorneys is available 24/7 to discuss your case and explain your legal options. You pay nothing unless we recover compensation for you.
Written by: Brach Eichler Injury Lawyers Last Updated : October 30, 2025We 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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