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Filing a Civil Suit After a DUI Accident in New Jersey


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10/15/2010
Daniel J. O'Brien
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If you have been the victim of a driving under the influence (DUI) accident in New Jersey, you will need to file a civil lawsuit to seek compensation for your injuries. Although New Jersey has strict DUI laws, those laws cover the criminal aspects of driving under the influence, and not the injuries or property damage they caused you. 

Civil laws, on the other hand, deal with your rights as a private citizen. As a citizen, you are owed a standard of care. When a driver with a blood alcohol concentration of 0.08% violates that standard of care by causing you injury in a New Jersey DUI accident, you can sue for damages.

Punishment in civil law includes compensating the plaintiff for damages including: 

  • current medical bills;
  • future medical bills;
  • pain and suffering;
  • lost wages;
  • funeral expenses; and possibly
  • punitive damages. 


Criminal punishments for New Jersey DUI Laws include: 

  • jail time
  • fines;
  • community service;
  • ignition interlock systems; and
  • driver's license suspensions. 


In civil litigation, the burden of proof is "preponderance of the evidence." This means the plaintiff must prove that it is more likely than not that the defendant is at fault. This is minimal, compared with criminal law. In criminal law, the burden of proof is "beyond a reasonable doubt." This means all facts of the case must be proven to reach a guilty conviction.

A New Jersey personal injury attorney can help you file a personal injury claim to recover damages from a DUI accident in New Jersey.

Help After a New Jersey Personal Injury Accident

If you have been severely injured in a New Jew Jersey DUI accident, you shouldn't have to suffer and pay for expensive medical bills that were caused by another person's negligence. Contact a New Jersey injury lawyer at White & Williams LLP today. We will provide a free, no obligation consultation on your case. 1-877-944-8396



Category: Car and Truck Accidents


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