On behalf of Judy Albanese of Gold, Albanese, Barletti & Locascio, LLC posted in Drunk Driving Accidents on Friday, March 25, 2016.
A lot of car accidents happen due to simple mistakes — mistakes that occur because we are human and not perfect. However, a lot of vehicle accidents also happen due to completely avoidable reasons, like reckless driving and intoxicated driving. Indeed, every New Jersey driver has the ability to drive safely and according to law, and every New Jersey driver has the ability to refrain from intoxicated driving. To break the law in this way is unconscionable and drivers can be held accountable in court for the injuries they cause by failing to follow the law in this regard.
When a driver is charged with reckless driving, the charge relates to the motorist’s intentional decision to engage in reckless conduct. To drive recklessly means that the driver has operated his or her vehicle in an unsafe fashion. Perhaps the driver disregards the likelihood that his or her behavior could cause an accident, or perhaps the driver blatantly disregards the traffic laws knowing how dangerous the decision to do so happens to be. Common examples of reckless driving include: failing to operate a vehicle in accordance with bad weather conditions, speeding, failing to use a signaling device during a lane change, failing to look behind you to ensure that you can change lanes safely, passing in an emergency lane and more.
Drunk driving relates to a driver’s decision to drive while intoxicated. It is illegal to drive while inebriated, and it is common knowledge how dangerous drunk driving is for one’s passengers and other people on the roadway. In addition to the liability of an intoxicated driver, party hosts and social and bar hosts can also be liable for allowing a drunk driver to continue drinking in a dangerous fashion prior to the crash.
New Jersey residents who have been injured by reckless or drunk drivers — or both — will have strong claims for financial restitution in court. Also, if the drunk or reckless driver has been convicted of these violations in criminal court, criminal court evidence can be used against the driver to help prove liability during the litigation of the personal injury claim in civil court.
Source: FindLaw, “Car Accident Basics,” accessed March 25, 2016