Hit by a Drunk Driver: How a DWI Accident Lawyer Can Protect Your Rights
What should someone do immediately after being hit by a drunk driver?
David Maran advised that the first priority is safety. Move to a secure location if possible, check yourself and passengers for injuries, and call the police. If anyone is seriously hurt, request an ambulance immediately. Once safe, document the scene by taking numerous photographs—including vehicle damage, the roadway, street signs, traffic signals, and any surveillance cameras on nearby buildings. Gather contact information from witnesses, particularly those who observed the impaired driver’s behavior, such as slurred speech or difficulty communicating. This evidence can be critical for both insurance claims and legal proceedings.
How is a DWI-related accident different from a standard personal injury case?
According to Maran, a drunk driving case often involves two investigations. The first focuses on how the accident occurred—typically straightforward, as impaired drivers often run red lights, ignore stop signs, or veer off the road. The second investigation determines where the driver was drinking and whether a bar, restaurant, or social host overserved them. This can lead to additional claims under New Jersey’s Dram Shop laws.
Can a victim pursue both a criminal and a civil claim after a drunk driving accident?
Yes. Maran explained that the criminal case is handled by prosecutors and focuses on punishing the offender and preventing future violations. The civil case, on the other hand, seeks monetary compensation for the victim’s injuries, lost wages, medical bills, and other damages. While the criminal process may deliver justice in the form of penalties, only the civil claim can put compensation directly into the victim’s hands.
What types of compensation can a DWI accident lawyer help recover?
Maran outlined several categories of recoverable damages, including:
- Pain and suffering
- Lost wages
- Medical expenses
- Wrongful death damages (in fatal cases)
In addition, punitive damages may be sought to punish egregious conduct, though they are more difficult to obtain and cannot be covered by insurance—meaning they must be paid directly by the defendant.
Does being hit by a drunk driver increase the chance of receiving punitive damages?
Not necessarily. Maran noted that punitive damages require proof of extreme misconduct and must be collected directly from the defendant, as insurance policies do not cover them. While drunk driving is serious misconduct, the financial reality is that punitive damages are harder to collect unless the defendant has substantial personal assets.
Can a victim file a personal injury claim if the drunk driver is arrested but not convicted?
Absolutely. Maran explained that the burden of proof in a civil case is lower than in a criminal case. While criminal charges require proof beyond a reasonable doubt, civil claims only require a preponderance of the evidence—meaning the victim must show it is more likely than not that the driver caused the accident.
What if the drunk driver is uninsured or underinsured?
An experienced DWI accident lawyer can explore multiple avenues for recovery. Maran stressed the importance of uninsured/underinsured motorist coverage in the victim’s own auto policy. Additionally, if a bar or restaurant overserved the intoxicated driver, its commercial insurance policy—often much larger than an auto policy—can be targeted under Dram Shop liability.
Should a victim hire a personal injury lawyer even if the insurance company offers a settlement?
Yes. Maran warned that insurance settlements often require victims to sign a general release, which may unintentionally waive claims against other responsible parties, such as a bar or social host. Consulting a lawyer before accepting a settlement ensures that no legal rights are lost and that all potential claims are fully explored.
Why is hiring an experienced DWI accident lawyer important?
Maran emphasized that experience is key in complex drunk driving cases. A seasoned attorney knows how to investigate both the driver’s actions and any third-party liability, preserve crucial evidence, and navigate the interplay between criminal and civil proceedings. This expertise often results in maximized financial recovery for the victim.
How does decades of experience benefit DWI accident victims?
With nearly four decades of practice, Maran understands how to maximize available compensation—from ensuring victims receive necessary medical care to negotiating settlements and protecting funds for long-term needs. In wrongful death cases or those involving minors, he also advises on structuring settlements to provide financial security for the future.
