Being injured by a drunk driver feels different from an ordinary accident — because it is. Someone made a choice that put your life at risk. Beyond the anger, that difference has real legal consequences: a drunk-driving crash often gives the victim more avenues to recover and more leverage than a typical collision. Here’s what you should know as the victim.
The drunk driver isn’t your only target
The impaired driver is the obvious defendant, but New Jersey law may let you reach others whose conduct contributed:
- The bar or restaurant that over-served a visibly intoxicated patron — dram shop liability.
- A social host who served a visibly drunk guest at a private party — social host liability.
- Whoever provided the vehicle to a driver they knew was a risk — negligent entrustment.
These extra avenues matter most when the drunk driver doesn’t have enough insurance to cover your injuries — they bring additional policies into play.
The criminal case and your civil claim are separate
If the driver is charged with DWI or assault by auto, that criminal case runs on its own track — and it’s not the same as your injury claim. The criminal case may punish the driver, but it doesn’t compensate you; that’s what your civil claim is for. The two can reinforce each other (a conviction can be powerful evidence), but you shouldn’t wait on the criminal case to protect your own rights.
If the driver was uninsured or fled
Drunk drivers are disproportionately uninsured, and some flee the scene. If that’s your situation, your own uninsured/underinsured motorist coverage can step in, and a hit-and-run is treated as an uninsured-driver claim. Identifying every available policy — the driver’s, the bar’s, the host’s, and your own — is how you maximize what’s actually recoverable.
What to do as the victim
- Get medical care and document everything — the standard after-crash steps apply.
- Preserve evidence of the drinking — where the driver came from, receipts, and witnesses, which support dram-shop and punitive claims.
- Don’t give the driver’s insurer a recorded statement or accept a quick offer.
- Move quickly — bar records and surveillance footage disappear fast.
Hurt by a drunk driver? You may have more options than you think
Between additional defendants, punitive damages, and your own coverage, drunk-driving cases are often worth far more — and need to be investigated fast. If a drunk driver injured you or a loved one anywhere in New Jersey, it’s worth a free call. Our page for people hit by a drunk driver walks through the whole claim in one place.
Part of our complete guide: For every related New Jersey offense, claim, and defense in one place, see our NJ Car Accident Guide.