Drinking and Driving

Drinking and Driving

Every two minutes, a person is injured in a drunk driving crash.[1] On average, two in three people will be involved in a drunk driving crash in their lifetime.[2] In 2014, 9,967 people died in drunk driving crashes (one every 53 minutes on average), and more than 290,000 were injured in drunk driving crashes.[3] Each day, people drive drunk more than 300,000 times, while about 3,200 are arrested.[4]

Thanks to the great work of organizations like Mothers Against Drunk Driving, public awareness has resulted in large jury awards for injured victims. Competent representation can lead to substantial recoveries against both the intoxicated driver and the party that served them beyond the point of intoxication.

At Malamut & Associates, we know how upsetting a collision with a drunk driver is. Unfortunately, the consequences of being involved in a collision are not limited to pain and suffering. More often than not, the company to whom you pay your monthly or annual premium is nowhere to be found during your time of need. Dealing with the administrative requirements of automobile insurance companies can be quite troublesome. That includes our complex healthcare system. Contacting an experienced personal injury attorney as soon as possible will help to ensure your rights are protected. As with all auto collisions, each accident is unique. There may be a single cause or multiple nuanced causes that could require the retention of experts to verify or uncover liability. The experienced personal injury attorneys of Malamut & Associates know this, and will proactively make sure you have the strongest case possible in order receive all that you and your family are entitled to. We recommend that you do not give a statement to the at fault party’s insurance carrier prior to speaking with our highly competent attorneys. Insurance carriers are businesses whose job it is to make and save money. They do not always have a victim or their family’s best interests in mind when evaluating a claim. We will make sure your applicable medical bills are paid through your auto insurance policy’s Personal Injury Protection (PIP) coverage. Insurance companies will try to limit their spending on the amount your policy pays in benefits. We will help you make sure you receive all that you are entitled to under your policy contract. We can oversee your medical treatment, and even assist with your property damage claim. No one can guide you through the process like Malamut & Associates. Our meticulous attention to detail will give you time to heal, while we compile and present the best case possible on your behalf. We offer free consultations in person at our office in Cherry Hill, NJ, or we can come to you.

“Dram Shop Law” in New Jersey Like many states, New Jersey has a “dram shop” law. Basically, it is a statute that, under certain conditions, allows for a claim to be made against an establishment that provided alcohol to a person who then caused an alcohol related incident.

Section 2A:22A-4 of the New Jersey Revised Statutes says that any person who has been injured by an intoxicated individual may seek damages from a vendor who served the alcohol if the intoxicated individual was “visibly intoxicated” when served, or the vendor knew or reasonably should have known the person being served was a minor under age 21.


Social Host Liability in New Jersey

Much like “Dram Shop Law”, New Jersey also allows an injured person to seek financial compensation from the host who made alcohol available to an intoxicated who then caused an alcohol related incident. According to Section 2A:15-5.5 of the New Jersey Revised Statutes, states that self-service of alcohol at gatherings and even alcohol that other social visitors might bring still allows for the host to be subject to a claim. Social Host Liability holds that that any person who has been injured by an intoxicated individual may seek damages from a host if the at intoxicated person was visibly intoxicated in the presence of the host, or the beverages were provided “under circumstances manifesting reckless disregard of the consequences” to another, and the circumstances created an “unreasonable risk” of harm to life or property, and the injury resulted from a motor vehicle accident caused by the intoxicated person.


References
National Highway Traffic Safety Administration. “The Economic and Societal Impact Of Motor Vehicle Crashes, 2010.” National Highway Traffic Safety Administration, May 2014, DOT HS 812 013. http://www-nrd.nhtsa.dot.gov/Pubs/812013.pdf.

National Highway Traffic Safety Administration. “The Economic and Societal Impact Of Motor Vehicle Crashes, 2010.” National Highway Traffic Safety Administration, May 2014, DOT HS 812 013. http://www-nrd.nhtsa.dot.gov/Pubs/812013.pdf.

National Highway Traffic Safety Administration. “Traffic Safety Facts 2014: Alcohol-Impaired Driving.” Washington DC: National Highway Traffic Safety Administration, 2016. http://www-nrd.nhtsa.dot.gov/Pubs/812231.pdf

Arrest data: Federal Bureau of Investigation, “Crime in the United States: 2014” https://www.fbi.gov/about-us/cjis/ucr/crime-in-the-u.s/2014/crime-in-the-u.s-2014/tables/table-29 Incidence data: Centers for Disease Control and Prevention. “Alcohol-Impaired Driving Among Adults — United States, 2012.” Morbidity and Mortality Weekly Report. August 7, 2015 / 64(30);814-817. http://www.cdc.gov/mmwr/preview/mmwrhtml/mm6430a2.htm
How Can We Help?
Contact Malamut & Associates today to schedule a consultation for us to discuss your specific situation.

CONTACT US

We offer free consultations in person at our Cherry Hill, NJ office, or we can come to you. All personal injury cases are handled on a contingency basis, meaning that you will not pay any attorney fees at all unless we secure recovery compensation on your behalf. If we are not the appropriate firm to help you, we will offer counsel as to your best options. A representative of the firm can be reached at (856)424-1808, 24 hours a day, 7 days a week, 365 days a year. We look forward to meeting you.