When a drunk driver causes an accident, the consequences can be devastating. Victims face serious injuries, mounting medical bills, lost wages, and emotional trauma. If you or a loved one suffered injuries in a DUI accident in Toms River or Ocean County, Brach Eichler Injury Lawyers can help you recover compensation. Our experienced DUI accident lawyer in Toms River understands drunk driving injury cases.
We investigate thoroughly and hold negligent drivers accountable. With over 50 years of experience and a track record of multi-million dollar recoveries, we have the knowledge and resources to handle your case.
Why Choose Brach Eichler Injury Lawyers for Your DUI Accident Claim?
When you hire Brach Eichler Injury Lawyers, you gain access to experienced attorneys who have dedicated their careers to protecting injury victims’ rights.
- Proven Track Record – Our firm has recovered over $535 million for clients. We maintain a consistent presence in New Jersey’s Top 20 Verdicts. In 2024, two of our attorneys earned simultaneous recognition in the state’s top verdicts—a distinction rarely achieved.
- Certified Trial Attorneys – Edward P. Capozzi and Alex S. Capozzi hold New Jersey Supreme Court certification as Civil Trial Attorneys. This credential reflects years of successful courtroom experience.
- National Recognition – Our attorneys receive recognition by Super Lawyers, Best Lawyers in America, and the National Trial Lawyers Association. Edward P. Capozzi has been recognized as a Super Lawyer since 2013 and was inducted into the New Jersey Law Journal Hall of Fame in 2014. Alex S. Capozzi is a Super Lawyers Rising Star and was named to the National Trial Lawyers Top 40 Under 40.
- Multi-Million Dollar Advocates Forum Members – Edward P. Capozzi and Alex S. Capozzi hold lifetime membership in the Multi-Million Dollar Advocates Forum. This recognizes attorneys who have won verdicts and settlements exceeding one million dollars.
- 50+ Years of Experience – Brach Eichler Injury Lawyers was established in 1967 and has served New Jersey injury victims for over five decades. Our longevity reflects client trust and consistent results.
- 10 Office Locations – We maintain offices throughout New Jersey, including a location in Toms River. This local presence allows us to serve Ocean County residents with personalized attention and accessibility.
- No Upfront Costs – We represent clients on a contingency fee basis. You pay no attorney fees unless we recover compensation. This arrangement aligns our interests with yours—we succeed only when you succeed.
- 24/7 Availability – We understand that accidents happen at any time. Our attorneys are available around the clock to discuss your case and answer urgent questions.
How We Handle Your DUI Accident Case
DUI accident victims can expect the following from our lawyers:
- Aggressive representation from the initial consultation through trial
- Thorough investigation of accident circumstances, including police reports and scene evidence
- Coordination with medical professionals to document injury severity
- Skilled negotiation with insurance companies and opposing counsel
- Trial-ready preparation and courtroom advocacy when settlement negotiations fail
- Personalized attention from experienced attorneys, not paralegals or case managers
What Is a DUI Accident?
A DUI (Driving Under the Influence) accident occurs when a driver operates a vehicle while impaired by alcohol or drugs. In New Jersey, drivers with a blood alcohol content (BAC) of 0.08% or higher are considered legally intoxicated under NJSA 39:4-50.
When a drunk driver causes an accident, New Jersey law provides a powerful tool for injury victims: the doctrine of negligence per se. This legal principle means that violating DUI laws automatically establishes negligence. The drunk driver cannot argue they were careful or responsible—the law presumes negligence based on the DUI violation alone.
Who Can Be Held Liable?
Multiple parties may bear liability in a DUI accident case:
- The intoxicated driver – The primary liable party who operated the vehicle while impaired
- Vehicle owner or employer – May be liable if they owned or controlled the vehicle
- Bars, restaurants, or social hosts – Under New Jersey’s dram shop law, establishments that serve alcohol to visibly intoxicated patrons may be liable for resulting injuries
- Rideshare companies – If the drunk driver was using Uber or Lyft, the company may share liability
New Jersey follows a comparative negligence standard under NJSA 2A:15-6. You can recover compensation even if you were partially at fault for the accident. Your recovery is reduced by your percentage of responsibility, but you retain the right to pursue damages.
Common Injuries from Drunk Driving Accidents
Drunk driving accidents frequently result in severe, life-altering injuries. Impaired drivers often operate vehicles at excessive speeds and fail to brake properly. The resulting injuries can be catastrophic.
- Traumatic Brain Injuries (TBI) – Head trauma from drunk driving accidents can cause permanent cognitive impairment, memory loss, personality changes, and loss of consciousness. Victims may require lifelong care and rehabilitation.
- Spinal Cord Injuries and Paralysis – Impact forces in high-speed collisions can damage the spinal cord. This results in partial or complete paralysis. These injuries require extensive medical treatment and ongoing care.
- Broken Bones and Fractures – Multiple fractures, compound breaks, and crush injuries are common in drunk driving accidents. Recovery often involves surgery, physical therapy, and extended rehabilitation.
- Internal Injuries and Organ Damage – Blunt force trauma can cause internal bleeding, organ damage, and life-threatening complications. Emergency surgery may be necessary.
- Wrongful Death – Tragically, many drunk driving accidents result in fatalities. Families of deceased victims can pursue wrongful death claims. These claims recover funeral expenses, lost income, and damages for loss of companionship.
- Psychological Trauma and PTSD – Survivors often experience post-traumatic stress disorder, anxiety, depression, and emotional suffering following serious accidents.
Brach Eichler Injury Lawyers has recovered substantial compensation for victims with catastrophic injuries. In one case, we secured a $21.8 million settlement for a child struck by a commercial vehicle. The child suffered a permanent traumatic brain injury. Our attorneys understand the full scope of damages in serious injury cases and pursue every avenue of recovery.
How Much Compensation Can You Recover in a DUI Accident Case?
Compensation in DUI accident cases includes both economic and non-economic damages. The amount you can recover depends on the severity of your injuries, the clarity of liability, and the defendant’s insurance coverage.
Economic Damages include:
- Past and future medical expenses (surgery, hospitalization, rehabilitation, ongoing treatment)
- Lost wages and lost earning capacity
- Home care and assistance costs
- Medical equipment and modifications
- Transportation and accessibility expenses
Non-Economic Damages include:
- Pain and suffering
- Emotional distress and psychological trauma
- Loss of enjoyment of life
- Disfigurement and scarring
- Loss of consortium (for spouses)
Punitive Damages
New Jersey law allows punitive damages in DUI cases. These damages punish the drunk driver’s reckless conduct and deter similar behavior. They go beyond compensating the victim and hold the defendant accountable for egregious conduct.
Brach Eichler Injury Lawyers has recovered over $535 million for injured clients throughout New Jersey. Our recent verdicts demonstrate our ability to secure substantial awards. In 2024, we obtained a $2.799 million jury verdict (12th highest in New Jersey) and a $2.75 million verdict (13th highest in New Jersey). These results reflect our aggressive advocacy and trial experience.
Frequently Asked Questions About DUI Accident Claims
What should I do immediately after a DUI accident?
First, prioritize your health and safety. Seek medical attention immediately, even if you feel fine. Some injuries develop over hours or days. Call 911 to report the accident and request police response.
At the scene, document everything. Take photos of vehicle damage, road conditions, and the accident scene. Collect contact information from witnesses. Obtain the other driver’s insurance information. Do not admit fault or discuss the accident with the other driver.
Contact an experienced personal injury attorney before speaking with insurance companies. Adjusters may attempt to minimize your claim.
How long do I have to file a DUI accident lawsuit in New Jersey?
New Jersey’s statute of limitations for personal injury claims is two years from the date of injury under NJSA 2A:14-2. This deadline is critical. If you fail to file within two years, you lose your right to pursue compensation.
Exceptions exist for minors and wrongful death cases, which may have extended timelines. However, evidence degrades over time. Witnesses’ memories fade, and liability becomes harder to establish. We recommend contacting an attorney as soon as possible after your accident to preserve evidence and protect your rights.
Can I recover damages if I was partially at fault?
Yes. New Jersey follows a comparative negligence standard. You can recover compensation even if you bear some responsibility for the accident. Your recovery is reduced by your percentage of fault.
For example, if you were 20% at fault and your total damages are $100,000, you can recover $80,000. However, if you are found more than 50% at fault, you cannot recover under New Jersey law. Our attorneys investigate thoroughly to minimize your assigned fault and maximize your recovery.
What evidence is needed to prove a DUI accident case?
Strong evidence is essential to establishing liability and securing maximum compensation. Key evidence includes:
- The police report documenting the accident and the officer’s observations
- DUI arrest records and charges
- Breathalyzer or blood test results showing the driver’s BAC
- Witness testimony from people who observed the accident or the driver’s impaired condition
- Medical records documenting your injuries and treatment
- Expert testimony from accident reconstruction specialists
- Cell phone records to determine if distracted driving contributed to the accident
Our investigators gather and analyze this evidence to build a compelling case.
How long does a DUI accident case take to resolve?
Timeline varies based on case complexity and the parties’ willingness to settle. Settlement negotiations typically take 6 to 12 months. During this time, we negotiate with the insurance company and opposing counsel.
If settlement fails, litigation and trial can extend the timeline to 1 to 2 years or longer. Factors affecting resolution include injury severity, liability clarity, insurance policy limits, and court scheduling. We keep you informed throughout the process and work efficiently to resolve your case while maximizing your recovery.
What makes Brach Eichler Injury Lawyers different from other personal injury firms?
Brach Eichler Injury Lawyers combines extensive experience, proven results, and personalized service. Our certified trial attorneys have recovered over $535 million for clients. We maintain consistent recognition in New Jersey’s top verdicts.
Our attorneys don’t settle cases prematurely. We prepare every case for trial and are willing to fight in court when necessary. You receive direct access to experienced attorneys, not junior staff or paralegals. We operate on contingency, meaning we invest our resources in your case because we believe in your claim.
Finally, our 50-year history and 10 office locations demonstrate our commitment to serving New Jersey injury victims.
Contact Our Toms River DUI Accident Lawyers Today
If you suffered injuries in a drunk driving accident in Toms River or Ocean County, contact Brach Eichler Injury Lawyers for a free consultation. Our experienced attorneys will evaluate your case, explain your legal options, and discuss the compensation you may be entitled to recover.
Call (732) 716-7148 to speak with a DUI accident attorney in Toms River. We are available 24/7 to answer your questions and provide the aggressive representation you deserve. You can also visit our Toms River office at 26 Main Street, Suite F, Toms River, NJ 08753.
Remember: you pay no attorney fees unless we recover compensation for you. Let Brach Eichler Injury Lawyers fight for your rights and hold the drunk driver accountable. Our firm can get you the compensation you deserve.
Schedule Your Free Consultation Now – Call (732) 716-7148!
Written by: Brach Eichler Injury Lawyers Last Updated : November 27, 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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