Drunk Driving Accidents:
Do I Have a Dram Shop Claim?
May 20, 2022
Drunk driving is among the major causes of traffic accidents in New Jersey and across the United States. A drunk driving accident can result in devastating injuries, hospitalization, productivity losses, or sometimes the death of the victim. Thankfully, New Jersey's dram shop law allows victims of drunk driving accidents to seek damages from the establishment that served the alcohol to the intoxicated person who caused their injuries. A skilled New Jersey personal injury attorney can help protect your legal rights and determine whether you have a dram shop claim.
At Maran & Maran PC, I have the diligence, expertise, and resources to help you hold those responsible for your injuries accountable. As your legal counsel, I can evaluate all of the surrounding facts of your case thoroughly and explore your possible legal options to seek damages. Also, I will walk you through the dram shop claim process and help you recover rightful compensation for your injuries. My firm is proud to serve clients across Newark and the surrounding areas throughout Northern New Jersey, including Warren County, Sussex County, Bergen County, Essex County, and Hunterdon County.
What Is Dram Shop Liability?
Dram shop liability laws are designed to hold a business or establishment liable for selling or serving alcohol to minors or intoxicated persons who end up causing injury to someone else. In New Jersey, the dram shop law applies to any individual, business, or entity – including restaurants and bars – that is permitted or licensed to serve or sell alcoholic beverages across the state.
According to New Jersey Revised Statutes Section 2A:22A-4, a person who has been injured by an intoxicated individual's actions may be eligible to seek damages from the vendor that sold the alcoholic beverage or substance if:
The intoxicated person was "visibly intoxicated" when served or sold the alcohol.
The vendor knew or had reasons to know that the person being served was below 21 years.
A skilled attorney can examine every aspect of your case and determine whether you have a case against the vendor that sold the alcohol.
Do I Have a Dram Shop Claim?
In order to prove negligence in a dram shop claim, the plaintiff must show that:
The person who caused the injuries was visibly intoxicated
The vendor continued serving the intoxicated person alcohol even after knowing or should have known that they were drunk.
You were injured in a traffic accident caused by the intoxicated person who was served by the vendor.
If you or someone you know were injured by the negligent actions of an intoxicated person, you need to reach out to a skilled personal injury attorney immediately. Your lawyer can file a dram shop claim against the establishment that served the alcohol and help pursue your rightful financial compensation.
Recoverable Damages in a Dram Shop Claim
The following damages may be recovered by filing a dram shop claim in New Jersey:
Medical expenses, including the cost of future medical treatment
Lost income/wages and benefits
Cost of rehabilitation or therapy
Compensation for damaged or lost property
The value of household services and childcare
Lost earning capacity
Pain and suffering
A skilled New Jersey car accident attorney can advocate for your legal rights and help pursue the financial justice you deserve.
Let an Experienced Attorney Help
Getting injured in an accident caused by an intoxicated driver can be a difficult and overwhelming experience. Such an unfortunate incident can result in severe, life-changing injuries, damages, and other costly losses. Regardless, you don't have to suffer the liability and financial challenges alone. Therefore, when involved in drunk driving accidents, hiring a knowledgeable personal injury attorney is crucial to help file your dram shop claim and seek fair financial compensation for your injuries.
At Maran & Maran PC, I'm dedicated to offering experienced legal guidance, support, and compassionate representation to drunk driving accident victims in their dram shop claims. Using my in-depth understanding of the laws addressing dram shop liability in accident cases involving intoxicated drivers, I can guide you through the overly-complex claims process.
If you or someone you know were injured by an intoxicated driver's negligent actions, you may pursue fair compensation. Contact my firm – Maran & Maran PC – today to schedule a simple case assessment with a skilled car accident attorney. I can offer you the dedicated legal guidance and vigorous representation you need in your dram shop claims. My firm proudly represents clients across Newark and the surrounding areas throughout Northern New Jersey, including Warren County, Sussex County, Bergen County, Essex County, Hunterdon County, and Passaic County.