Your Right to Recover Compensation

When you’re injured in a motorcycle accident caused by a drunk driver in New Jersey, you can always file a personal injury claim against the impaired driver. Intoxication generally does not excuse a person from liability for negligence. It’s important to understand, though, that you also may be able to pursue damages from other parties under New Jersey’s dram shop law or under a theory of social host liability.

New Jersey’s Dram Shop Law

Dram shop laws establish whether an employee or establishment are liable for serving alcohol to a patron who causes an accident. In New Jersey, a person injured by a drunk driver may seek compensation from the bar, restaurant, or other establishment that served or sold alcohol to the driver, but one of two criteria must be proven:

• The person who was served (and subsequently caused the injuries) was visibly intoxicated when sold or served alcohol; or
• The person served was under the age of 21 at the time, and the server knew or had reason to know that the person being served was a minor.

Social Host Liability

New Jersey’s social host liability law applies the concept of dram shop liability to persons serving alcohol in their homes or at private parties or events. Under the law, a social host may be responsible even if the guest served himself/herself, and even if the guest brought their own alcohol to the event. New Jersey law allows you to sue a social host if:

• The person causing the accident was visibly impaired, and the host knew or should have known
• The alcohol was consumed under circumstances “manifesting reckless disregard for the consequences;”
• Those circumstances involved an “unreasonable risk” of harm to either people or property; and.
• The drunk person caused injury to other persons or property.

Contact the Law Offices of David J. Karbasian, PC

Send us an e-mail today or call us at 856-667-4666 / 856-600-HURT to schedule an appointment. We are currently communicating with clients by phone, text message, or online videoconference. Evening and weekend consultations are available upon request.