Drunk driving continues to be one of the most preventable—and devastating—causes of injury on the road. When someone chooses to get behind the wheel under the influence of alcohol or drugs, the consequences can be life-altering for everyone involved.
If you or someone you care about was injured in a DUI-related crash, it’s important to know: You have rights. You may be entitled to compensation. And there are legal protections in place designed specifically for situations like yours.
The Ongoing Impact of Drunk Driving in the U.S.
The statistics tell a sobering story: more than 13,500 fatalities occurred in 2022 alone, representing nearly one-third of all traffic-related deaths according to the National Highway Traffic Safety Administration (NHTSA). Thousands more suffer injuries each year, ranging from broken bones and traumatic brain injuries to emotional trauma and lost livelihoods.
These incidents aren’t just “accidents.” They are the result of someone else’s decision—and the law recognizes that.
Legal Protections for DUI Victims in Pennsylvania and New Jersey
In Pennsylvania:
Many drivers carry limited tort insurance, which typically restricts their ability to sue for pain and suffering unless the injuries are deemed “serious.” However, there’s an important exception to this rule: If the at-fault driver is convicted of DUI or enters an ARD (Accelerated Rehabilitative Disposition) program, you may qualify for full tort rights. This allows you to pursue compensation for pain, emotional distress, and other non-economic damages—regardless of how your insurance policy is written.
In New Jersey:
New Jersey uses a “verbal threshold” for many policies, which limits pain and suffering claims unless your injuries fall into specific categories such as fractures, disfigurement, or permanent injury. While a DUI conviction doesn’t automatically eliminate the verbal threshold, it can significantly strengthen your case. Courts and insurance companies often weigh injuries differently when alcohol was a factor in causing them.
Injured as a Passenger? You Still Have Rights
If you were a passenger in a vehicle driven by someone under the influence, you might feel conflicted about pursuing legal action—especially if the driver was a friend or family member.
Here’s what you should know: You have the right to compensation, regardless of your relationship to the driver. The claim is typically handled by the driver’s insurance company, not them personally. And if the driver was a rideshare operator, you may be entitled to compensation through their commercial or corporate coverage.
Who Else Might Be Responsible? Exploring “Dram Shop” Liability
Under Dram Shop Laws in both PA and NJ, you may be able to hold a bar, restaurant, or even a private party host legally responsible if they served alcohol to a visibly intoxicated person, or served alcohol to someone who was underage, and that person caused the crash.
This is especially important if the driver’s insurance coverage is limited or insufficient to cover your medical bills, lost wages, and other damages.
Can You Seek Punitive Damages?
Yes—in some DUI injury cases, punitive damages may be available. These are not meant to compensate you directly for your losses, but to punish the offender for their reckless behavior and deter future drunk driving incidents.
Next Steps: Talk to Someone Who Understands
If you or a loved one has been injured in a DUI-related crash, you may have more legal options than you realize. Every situation is unique, and timing can be critical when it comes to preserving evidence and protecting your rights.
At the Law Offices of Eric A. Shore, we understand what you’re going through. We’ve helped countless individuals navigate the complex legal landscape after drunk driving incidents, and we’re ready to put our experience to work for you. Our consultation is free, and we don’t collect a fee unless we recover compensation on your behalf.
Call us today at 1-800-CANT-WORK or visit www.1800cantwork.com.
We’re here to answer your questions, explain your rights, and help you decide what’s best for your situation—no pressure, no obligation.
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