If you or a loved one suffered injuries in an accident caused by a drunk driver in Newark, you have the right to pursue compensation. Drunk driving accidents often differ from standard motor vehicle collisions because they can involve additional legal considerations and may lead to more severe injuries.
At Brach Eichler Injury Lawyers, our experienced Newark car accident attorneys understand the devastating impact these accidents have on victims and their families. We fight aggressively to hold drunk drivers and other responsible parties accountable. Our goal is to secure the maximum compensation you deserve.
With over 50 years of experience handling personal injury cases throughout New Jersey, our team has recovered more than $535 million for injured clients. Our Certified Civil Trial Attorneys have earned recognition as Super Lawyers and Best Lawyers in America. We maintain a track record of multi-million dollar verdicts and settlements in motor vehicle accident cases. Visit our Newark personal injury lawyer page to learn more about our services.
Call us today (973) 364-8300 or schedule a free consultation online.
Why Brach Eichler Injury Lawyers Handles Drunk Driving Cases Effectively
Brach Eichler Injury Lawyers brings extensive experience and resources to drunk driving accident cases. Our firm has represented hundreds of victims injured by intoxicated drivers. We have recovered millions in compensation for these clients.
Our lead attorneys, Edward P. Capozzi and Alex S. Capozzi, are both Certified Civil Trial Attorneys. The New Jersey Supreme Court recognizes this certification. Edward brings extensive personal injury litigation experience. He has earned recognition as a Super Lawyer since 2013 and a Best Lawyer in America for 2026. Alex has earned Super Lawyers Rising Star status and recognition as one of the National Trial Lawyers Top 40 Under 40.
Both attorneys maintain lifetime membership in the Multi-Million Dollar Advocates Forum. This reflects their track record of securing substantial recoveries for clients. In 2024 alone, Edward secured a $2.799 million jury verdict in a motor vehicle accident case. Alex obtained a $2.75 million jury verdict in a premises liability case. These results demonstrate their exceptional trial advocacy skills.
Our firm has recovered over $535 million for injured clients throughout New Jersey. We maintain ten office locations across the state. Our Newark office is located at 360 Lafayette Street. This ensures convenient access for clients throughout Essex County and the surrounding areas. Visit our locations page to find the office nearest you.
We handle drunk driving cases on a contingency fee basis. You pay no attorney fees unless we recover compensation for you. We offer free consultations to discuss your case and explain your legal options. Our team works tirelessly to investigate accidents, preserve evidence, negotiate with insurance companies, and, when necessary, try cases before juries to secure maximum compensation. Our client testimonials reflect the care and professionalism we bring to every case.
Why You Need a Drunk Driving Accident Attorney in Newark
Drunk driving accidents often require legal representation that goes beyond standard car accident claims. When an intoxicated driver causes an accident, the legal landscape can expand significantly. Unlike typical negligence cases, drunk driving accidents may involve enhanced liability theories, which can affect the types of damages that may be available and potentially increase your recovery.
A drunk driver clearly fails to act safely and is considered negligent, but punitive damages are not automatic. In New Jersey, punitive damages are only awarded in the most serious cases and require strong proof that the driver acted with a deliberate or extremely reckless disregard for the safety of others, a standard much higher than ordinary or even gross negligence.
Beyond the drunk driver themselves, New Jersey’s dram shop law creates additional liability for establishments that served alcohol to the intoxicated person. This expands your potential sources of recovery. It increases the likelihood of securing full compensation for your injuries. An experienced drunk driving accident attorney understands these liability theories. We know how to pursue every available avenue for recovery.
Brach Eichler Injury Lawyers brings decades of experience handling catastrophic injury cases resulting from drunk driving accidents. Our attorneys have successfully prosecuted cases involving traumatic brain injuries, spinal cord damage, multiple fractures, and other severe injuries. These injuries are common in impaired driving collisions. We understand the long-term consequences these injuries create. We fight to secure compensation that reflects the full scope of your damages.
How Drunk Drivers Cause Catastrophic Injuries
Drunk driving continues to be a major cause of preventable deaths and serious injuries across the United States. Each year, thousands of lives are lost and many more are harmed due to alcohol-related crashes. The high number of incidents and arrests highlights the seriousness of the issue and the tragic impact it has on victims, families, and communities.
Alcohol impairs multiple critical driving functions simultaneously. Intoxication reduces reaction time, impairs judgment, diminishes motor control, and narrows the field of vision. A drunk driver cannot respond quickly to hazards. They misjudge distances and speeds. They often fail to recognize dangerous situations until it’s too late. These impairments combine to create a perfect storm for catastrophic accidents.
The injuries resulting from drunk driving accidents tend to be more severe than those from standard collisions. Impaired drivers often fail to brake or take evasive action. Impact speeds are typically higher. Additionally, drunk drivers may not be wearing seatbelts or may be driving recklessly at excessive speeds. This further increases injury severity.
Common injuries in drunk driving accidents include traumatic brain injuries (TBI), spinal cord injuries resulting in partial or complete paralysis, multiple fractures, internal organ damage, and severe lacerations. Many victims suffer permanent disabilities requiring lifelong medical care, rehabilitation, and assistance with daily activities. The physical, emotional, and financial toll on victims and their families is immense.
Brach Eichler Injury Lawyers has successfully represented clients suffering catastrophic injuries from drunk driving accidents. Our attorneys work with leading medical experts to document the full extent of injuries. We project long-term care needs. This ensures compensation reflects the true cost of recovery and ongoing care.
Establishing Liability in Newark Drunk Driving Accident Cases
Proving liability in a drunk driving accident case involves establishing that the other driver operated their vehicle while impaired. It also requires showing that this impairment caused your injuries. New Jersey law provides several mechanisms for establishing this liability. Understanding how to prove fault is critical to your case’s success.
Proving the Driver Was Intoxicated
The most direct evidence of intoxication comes from a DUI conviction. If the drunk driver was arrested and convicted of driving under the influence, this conviction serves as powerful evidence of negligence in your civil case. The criminal conviction establishes that the driver’s blood alcohol content (BAC) exceeded the legal limit. It shows the driver was otherwise impaired.
Even without a DUI conviction, multiple forms of evidence can establish that a driver was impaired. Police reports often document signs of intoxication at the scene, such as slurred speech, the smell of alcohol, poor balance, or failed field sobriety tests. Breathalyzer or blood test results showing a blood alcohol concentration (BAC) of 0.08% or higher, which is the per se legal limit in New Jersey, or other evidence of impairment can also support the claim. Witness statements describing the driver’s behavior before or after the crash can further strengthen the evidence.
Our attorneys work closely with accident reconstruction experts and toxicology specialists. We analyze all available evidence and build a compelling case establishing the driver’s intoxicated state. This expertise helps us prove negligence in even complex cases.
New Jersey’s Dram Shop Law and How It Strengthens Your Claim
New Jersey’s dram shop law creates liability for establishments that serve alcohol to visibly intoxicated individuals. These individuals subsequently cause accidents. This law recognizes that bars, restaurants, and other alcohol-serving establishments have a responsibility. They must refuse service to obviously intoxicated patrons.
Under New Jersey law, a person injured by an intoxicated driver may pursue a claim against the establishment that served the alcohol. The establishment must have known or should have known the patron was intoxicated. This significantly expands your potential sources of recovery beyond just the drunk driver. Establishments typically carry substantial liability insurance. This means a larger recovery potential for injured victims. Learn more about dram shop liability cases and how they strengthen your claim.
Additionally, New Jersey recognizes limited social host liability in certain circumstances. If a social gathering host served alcohol to a visibly intoxicated guest, the host may bear liability. This applies under specific conditions. These premises liability theories expand your recovery options.
These dram shop and social host liability theories provide additional defendants and additional insurance coverage. They substantially strengthen your overall claim. They increase the likelihood of securing full compensation for your injuries and losses.
Compensation Available for Drunk Driving Accident Victims
New Jersey law allows injured victims to recover both economic and non-economic damages resulting from drunk driving accidents. Understanding the full scope of available compensation helps ensure you pursue adequate recovery.
Economic damages include all quantifiable financial losses resulting from the accident. Medical expenses form the foundation of economic damages. These include emergency treatment, hospitalization, surgery, rehabilitation, and ongoing medical care. Lost wages from time away from work during recovery represent another significant component. If your injuries prevent you from returning to your previous employment, you can recover damages for lost earning capacity. Future medical expenses and long-term care costs are also recoverable. This is particularly true in cases involving catastrophic injuries requiring ongoing treatment or assistance.
Non-economic damages compensate for subjective losses that don’t have a specific dollar value. Pain and suffering damages reflect the physical pain and discomfort you endured. Emotional distress damages account for anxiety, depression, and psychological trauma resulting from the accident. Loss of enjoyment of life damages compensate for your inability to participate in activities you previously enjoyed. Disfigurement and scarring, if applicable, also fall within non-economic damages.
In some cases involving especially reckless conduct, such as drunk driving, punitive damages may be available, but they are not automatic. Punitive damages are intended to punish particularly egregious behavior and deter future misconduct, and they are separate from compensatory damages. While they can increase the total amount awarded when granted, they are reserved for limited circumstances under New Jersey law.
Additionally, if you carry uninsured or underinsured motorist coverage on your own auto insurance policy, this coverage may provide additional compensation. This applies if the drunk driver’s insurance is insufficient to cover your damages.
Steps to Take After a Drunk Driving Accident in Newark
Taking appropriate action immediately following a drunk driving accident protects your health. It preserves evidence and strengthens your legal claim. Follow these critical steps to protect your rights.
First, prioritize safety and medical attention. If you’re able to move safely, exit the roadway. Move to a safe location away from traffic. Call 911 to report the accident and request emergency medical services. Even if you don’t feel seriously injured, seek medical evaluation. Some injuries manifest hours or days after an accident. Our guide on what to do if you were hospitalized after a car crash provides important post-accident medical guidance.
Document the scene thoroughly. Take photographs of vehicle damage, accident scene conditions, traffic signals, and road hazards. Photograph the other driver and note their appearance, demeanor, and any signs of impairment. Obtain contact information from all witnesses present at the scene. Our resource on requesting surveillance footage explains how to preserve video evidence.
Request a police report. Police officers responding to the accident will document their observations. They will note any signs of impairment they observe in the other driver. Request the police report number and follow up to obtain a copy. Our guide on how to request an accident report provides detailed steps for obtaining this critical document.
Preserve evidence of intoxication. If the other driver was arrested for DUI, obtain copies of the arrest report, breathalyzer results, and any field sobriety test documentation. This evidence proves intoxication and strengthens your claim. Understanding how to read an accident report helps you identify key evidence.
Avoid discussing fault with the other driver or their insurance company. Do not admit fault or make statements that could be used against you. Refer all communications to your attorney. Learn what not to say to an insurance adjuster to protect your claim.
Contact an experienced drunk driving accident attorney promptly. The sooner you retain legal representation, the sooner your attorney can begin investigating the accident. We preserve evidence and protect your rights. Many claims have strict deadlines. Early action ensures you don’t miss critical filing deadlines. Our Newark personal injury attorneys are available 24/7 for emergency consultations.
Frequently Asked Questions About Drunk Driving Accidents in Newark
What should I do if I suspect the other driver was intoxicated?
Document your observations immediately. Note the driver’s appearance, behavior, and any statements they made. Request a police report and ensure officers document any signs of impairment they observed. Obtain witness contact information from anyone who observed the driver’s condition. Preserve any evidence, such as photographs or video footage. Contact an attorney promptly to discuss your case and ensure proper evidence preservation. Our Newark personal injury lawyers can guide you through this process.
How do I prove the other driver was drunk if there's no DUI conviction?
Multiple forms of evidence can establish intoxication without a criminal conviction. Police reports document observations of impairment. Breathalyzer or blood test results showing BAC levels above the legal limit provide objective proof of intoxication. Witness testimony from accident scene observers who noticed signs of impairment strengthens your case. Accident reconstruction experts can analyze the accident circumstances and driver behavior to support an impairment conclusion. Your attorney will gather and present all available evidence to establish the driver’s intoxicated state. Learn more about determining fault in a car accident.
Can I still recover if the drunk driver's insurance denies my claim?
Yes. If the drunk driver’s insurance denies your claim or offers insufficient compensation, you have additional options. Your own uninsured or underinsured motorist coverage may provide recovery. Additionally, dram shop liability claims against the establishment that served the alcohol provide alternative sources of recovery. Your attorney will pursue all available avenues to secure compensation.
What is the statute of limitations for a drunk driving accident claim in New Jersey?
In New Jersey, you have two years from the date of the accident to file a personal injury lawsuit. This deadline is critical. Failure to file within this timeframe bars your claim. Contact an attorney immediately to ensure your claim is filed timely. Our Newark personal injury lawyers can ensure you meet all filing deadlines.
How much is my drunk driving accident case worth?
Your case value depends on multiple factors. These include injury severity, medical expenses, lost wages, long-term care needs, liability strength, and available insurance coverage. Cases involving catastrophic injuries and clear liability typically command higher settlements. Your attorney will evaluate all factors and provide an estimate of your case’s value. Review our case results to see typical settlement ranges.
Will my case go to trial or settle?
Most cases settle before trial. Brach Eichler Injury Lawyers prepares every case for trial. Our trial experience and track record of substantial verdicts strengthen our negotiating position. This often results in favorable settlements. If a fair settlement cannot be reached, we’re prepared to try your case before a jury. Our attorneys have extensive trial experience in personal injury litigation.
How long does a drunk driving accident case take?
Timeline varies based on case complexity, injury severity, and litigation requirements. Most cases resolve within one to three years. Cases requiring extensive medical treatment, expert analysis, or litigation take longer. Your attorney will provide a realistic timeline based on your specific circumstances. Contact our Newark office to discuss your case timeline.
Contact Brach Eichler Injury Lawyers Today
If you or a loved one suffered injuries in a drunk driving accident in Newark, contact Brach Eichler Injury Lawyers today. Call (973) 364-8300 for a free consultation. Our experienced attorneys are ready to discuss your case and explain your legal options. We work on a contingency fee basis—you pay nothing unless we recover compensation for you. Contact us online to schedule your free consultation today.
Written by: Brach Eichler Injury Lawyers Last Updated : October 29, 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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