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Comprehensive Guide to Pedestrian Accidents in DUI/DWI Cases

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Comprehensive Guide to Pedestrian Accidents in DUI/DWI Cases

December 19, 2023

Comprehensive Guide to Pedestrian Accidents in DUI/DWI Cases

Understanding the Impact of DUI/DWI on Pedestrian Safety

Pedestrian accidents involving DUI/DWI cases are among the most devastating and tragic occurrences on our roads. These incidents have far-reaching consequences, affecting the lives of both victims and those accused of driving under the influence. At Rudnick, Addonizio, Pappa & Casazza PC, we understand the gravity of these cases and are committed to helping both victims and the accused navigate the complex legal terrain surrounding them.

The Far-Reaching Consequences of DUI/DWI Pedestrian Accidents

DUI/DWI-related pedestrian accidents are a pressing concern in our society, as they often result in severe injuries, fatalities, and significant emotional trauma. In this post, we will explore the legal intricacies of pedestrian accidents involving DUI/DWI, potential defenses, claims that can be made, and how our experienced legal team can assist during these challenging times.

Navigating the Legal Framework in DUI/DWI Pedestrian Cases

Navigating DUI/DWI pedestrian cases in New Jersey requires a detailed understanding of the state’s specific legal statutes and regulations. This section provides an overview of the key legal aspects unique to New Jersey, offering clarity for both victims and the accused in these complex cases.

Key Legal Considerations in New Jersey DUI/DWI Pedestrian Accidents

  • Blood Alcohol Content (BAC) Limits: In New Jersey, the legal BAC limit is set at 0.08% for standard drivers. However, this limit is lower for commercial drivers and individuals under the age of 21. It’s important to note that driving with a BAC above these limits can lead to DUI/DWI charges. The state takes these limits seriously, and exceeding them can have significant legal consequences.
  • Liability in DUI/DWI Incidents: In New Jersey, drivers involved in DUI/DWI incidents with pedestrians may face charges ranging from driving under the influence to more severe charges like vehicular manslaughter, depending on the accident’s circumstances. Victims or their families may pursue personal injury or wrongful death claims, seeking compensation for damages incurred due to the driver’s negligence.
  • Pedestrian Right of Way: New Jersey’s traffic laws emphasize pedestrian safety. Drivers are legally required to yield to pedestrians in crosswalks and follow intersection rules. Non-compliance not only endangers lives but also carries legal repercussions.
  • No-Fault Insurance: While New Jersey operates under a no-fault insurance system, severe pedestrian injuries caused by DUI/DWI may allow victims to step outside this system and file lawsuits against the responsible driver.
  • Penalties for DUI/DWI Offenses: The state imposes various penalties for DUI/DWI offenses, including fines, license suspension, mandatory alcohol education, and potential imprisonment. The severity of these penalties correlates with the offense’s gravity and any previous DUI/DWI history.
  • Victim Compensation: In DUI/DWI pedestrian accidents, the law enables victims or their families to seek compensation for a range of damages, including medical costs, emotional distress, lost income, and, in fatal cases, funeral expenses. These claims are typically pursued through civil litigation.

Legal Strategies in DUI/DWI Pedestrian Accidents

When facing DUI/DWI cases involving pedestrians, both the accused and the victim may have various legal options. Let’s explore some of the potential defenses and claims in these cases:

Defending the Accused

  • Challenging BAC Test Results: One common defense strategy is to challenge the accuracy of the BAC test results. Issues with testing equipment, administration, or calibration can lead to false positives.
  • Proving Lack of Intoxication: A criminal defense attorney may aim to show that the driver was not intoxicated at the time of the accident. Witness statements, surveillance footage, or expert testimony can help establish sobriety.
  • Medical Conditions: Some medical conditions can mimic the effects of alcohol impairment. If the accused has a medical condition that affects their behavior or BAC reading, this can be used as a defense.
  • Constitutional Violations: If law enforcement violated the accused’s constitutional rights during the arrest or evidence collection process, it may be possible to have evidence suppressed or the case dismissed.

Pursuing Justice for Victims

  • Negligence Claims: Victims or their families can pursue negligence claims against the drunk driver through a personal injury lawsuit. This involves proving that the driver acted negligently and that this negligence led to the accident.
  • Wrongful Death Lawsuits: In cases where a pedestrian is killed by a drunk driver, the victim’s family may file a wrongful death lawsuit to seek compensation for their loss.
  • Dram Shop Liability: In some states, establishments that serve alcohol may be held liable for overserving customers who then cause accidents. Victims can file claims against these establishments.
  • Hit-and-Run Cases: In cases where the drunk driver flees the scene, victims may still have legal options for compensation through their own insurance or uninsured motorist coverage.

How Rudnick, Addonizio, Pappa & Casazza PC Can Assist You

At Rudnick, Addonizio, Pappa & Casazza PC, we have extensive experience handling pedestrian accident DUI/DWI cases from both sides of the aisle. Our team of dedicated attorneys is committed to providing comprehensive legal assistance to both victims and those accused of DUI/DWI in pedestrian accidents.

Legal Support for the Accused

Our defense attorneys will work tirelessly to protect your rights and build a strong defense. We can:

  • Investigate the circumstances of the incident to uncover any potential defenses.
  • Challenge the validity of BAC test results and the legality of the arrest.
  • Negotiate with prosecutors to seek reduced charges or alternative sentencing options.
  • Provide expert witnesses to testify on your behalf, if necessary.

Advocacy for Victims

We understand the immense physical, emotional, and financial toll that pedestrian accidents involving DUI/DWI can take on victims and their families. Our legal team can help by:

  • Investigating the accident thoroughly to establish liability.
  • Pursuing compensation for medical expenses, lost wages, pain and suffering, and other damages.
  • Negotiating with insurance companies and pursuing legal action if necessary.
  • Offering support and guidance throughout the legal process, allowing you to focus on recovery.

Contact an Experienced DUI/DWI or Personal Injury Lawyer at Rudnick, Addonizio, Pappa & Casazza PC for a Free Consultation About Your Case Today

In the aftermath of a DUI/DWI pedestrian accident, the path to justice and recovery can be complex and emotionally taxing. Whether you are grappling with the consequences of an accusation or coping with the aftermath of being a victim, the legal journey demands not only expertise but also a compassionate and understanding approach. This is where Rudnick, Addonizio, Pappa & Casazza PC step in as your steadfast allies.

At Rudnick, Addonizio, Pappa & Casazza PC, we believe in a partnership that is built on trust, transparency, and tireless advocacy. Our team is not just your legal representation; we are your advisors, your confidants, and your champions in seeking justice. We invite you to connect with us for a free consultation, where we can discuss your case, outline your options, and embark on a path towards resolution and peace of mind.

Don’t navigate the complexities of a DUI/DWI pedestrian accident alone. Contact us today for a free consultation. Let us be your guide and your voice in this challenging journey. Together, we can strive towards a future where justice and healing go hand in hand.

“The attorney working on my personal injury case was knowledgable, courteous, and payed careful attention to every detail. He was sure to address any questions and concerns thoughtfully and respectfully. I have had an excellent experience interacting with the firm and I highly recommend the law firm of Rudnick, Addonizio, Pappa & Casazza to others.”

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