Halloween is a night filled with parties, celebrations, costumes, and gatherings. Unfortunately, Halloween can also mean more impaired drivers on the road.
After a night of drinking, someone may make the dangerous decision to get behind the wheel. When that happens, an innocent driver, passenger, pedestrian, or family can suffer devastating consequences.
If you are injured in an accident caused by a drunk or impaired driver on Halloween, you may be dealing with medical bills, missed work, vehicle damage, and uncertainty about what to do next.
What are your rights?
Who can be held responsible?
How do you pursue compensation for your injuries?
At UBFK Law in Manalapan, NJ, personal injury attorney Joshua Kleinman, Esq. represents individuals injured in motor vehicle accidents and helps clients understand their legal options following serious crashes.
Why Halloween Can Increase the Risk of Drunk Driving Accidents?
Halloween is a popular night for parties and social gatherings. That can mean more people consuming alcohol and then traveling home late at night. At the same time, Halloween brings unique driving conditions, including:
- Increased nighttime traffic
- More pedestrians walking through neighborhoods
- Children crossing streets while trick-or-treating
- More vehicles entering and leaving residential driveways
- Reduced visibility
- Distracted drivers
- Drivers traveling home from parties and events
When alcohol is combined with nighttime driving and increased pedestrian activity, the consequences of a crash can be serious.
New Jersey’s Motor Vehicle Commission explains that driving under the influence can involve alcohol or other intoxicating substances. New Jersey generally considers a driver with a blood alcohol concentration of 0.08% or greater to be driving under the influence. (nj.gov)
What Happens If a Drunk Driver Hits You on Halloween?
If a drunk or impaired driver causes an accident and you are injured, you may be able to pursue a personal injury claim. The first priority, however, should always be your health and safety. After a serious accident:
1. Seek Medical Attention
Even if you do not think you are seriously injured, it is important to take your symptoms seriously. Some accident-related injuries may not become obvious immediately. Depending on the severity of the crash, injuries can include:
- Broken bones
- Concussions
- Traumatic brain injuries
- Neck and back injuries
- Spinal cord injuries
- Internal injuries
- Soft-tissue injuries
- Permanent disability
- Scarring and disfigurement
Follow your healthcare provider’s recommendations and keep documentation of your treatment.
2. Call the Police
If you are involved in an accident with a driver you believe may be intoxicated, contact law enforcement. A police investigation may document important information about the accident, including:
- The circumstances of the crash
- Statements from drivers and witnesses
- Observations regarding the other driver’s behavior
- Field sobriety testing
- Chemical testing, when conducted
- Citations or arrests
- Road and weather conditions
The police report may become an important piece of evidence when investigating a personal injury claim.
3. Document the Accident Scene
If you are physically able and it is safe to do so, take photographs of the accident scene. Consider photographing:
- Damage to your vehicle
- Damage to the other vehicle
- The roadway
- Traffic signs and signals
- Skid marks
- Debris
- Your visible injuries
- The surrounding area
Halloween decorations and other temporary conditions may also be relevant if they contributed to the accident.
4. Get Witness Information
If anyone witnessed the crash, try to obtain their name and contact information. Witnesses may have seen:
- The other vehicle before the accident
- How the collision occurred
- The driver’s behavior
- Statements made by the driver
- What happened immediately after the crash
Independent witnesses can sometimes provide important information about how an accident occurred.
5. Notify Your Insurance Company
You should be careful when discussing your injuries and the circumstances of the accident. Insurance companies may ask questions about:
- How the accident happened
- Your injuries
- Your medical treatment
- Your prior medical history
- Whether you believe you were injured before the accident
If you suffered significant injuries, consider speaking with a New Jersey personal injury attorney before providing a recorded statement or accepting a settlement.
What If the Driver Was Arrested for DUI?
A drunk driver may be arrested or charged following an accident. That information can be relevant to your personal injury claim, but a criminal or municipal DUI case and a civil personal injury claim are separate matters.
Your ability to pursue compensation does not necessarily depend on the outcome of the driver’s DUI case. A personal injury claim focuses on the circumstances of the accident, the driver’s conduct, your injuries, and the damages you suffered. An attorney can help determine what evidence may be relevant to your claim.
What Compensation Can You Recover After a Drunk Driving Accident?
The potential compensation available in a personal injury case depends on the circumstances and severity of the injuries. Depending on the facts of the case, damages may include losses associated with:
- Medical expenses
- Future medical treatment
- Lost wages
- Loss of earning capacity
- Physical pain
- Emotional distress
- Permanent injuries
- Disability
- Scarring or disfigurement
- Other accident-related losses
There is no standard settlement amount for a drunk driving accident. Every case is different.
What If You Were a Passenger?
Passengers can also suffer serious injuries in drunk driving crashes. If you were a passenger in a vehicle involved in a Halloween accident, you may have questions about whether you can pursue compensation. The answer depends on the circumstances, including:
- Who was driving
- Who owned the vehicle
- What caused the crash
- What insurance coverage applies
- Whether another vehicle was involved
- The nature and extent of your injuries
Do not assume that being a passenger means you cannot pursue a personal injury claim.
What If a Drunk Driver Hits a Pedestrian on Halloween?
Halloween creates a unique pedestrian-safety concern. Children and families may be walking through neighborhoods after dark while trick-or-treating. Drivers may encounter pedestrians crossing streets, walking alongside roadways, or entering and exiting driveways. If a drunk driver strikes a pedestrian, the resulting injuries can be catastrophic.
If you or your child is injured after being struck by a vehicle in Manalapan, Freehold, Marlboro, Howell, or elsewhere in Monmouth County, seek medical attention and document the accident as thoroughly as possible.
A pedestrian accident attorney can review the circumstances and explain what legal options may be available.
How Long Do You Have to File a Personal Injury Claim in New Jersey?
New Jersey generally provides a two-year statute of limitations for many personal injury actions under N.J.S.A. 2A:14-2. However, exceptions and additional requirements can apply depending on the circumstances of a particular case.
Certain claims may involve different deadlines or notice requirements. Because failing to meet an applicable deadline can affect your legal rights, it is important to speak with an attorney as soon as reasonably possible after a serious accident.
Injured by a Drunk Driver on Halloween?
Halloween should be a night of fun – not a night that changes your life because someone chose to drive while impaired.
If you or someone you love has been injured in a drunk driving accident in Manalapan, Freehold, Marlboro, Howell, Monmouth County, or elsewhere in New Jersey, you may have legal options for pursuing compensation for your injuries.
Joshua Kleinman, Esq. and the personal injury team at UBFK Law can review the circumstances of your accident and help you understand the next steps.
Contact UBFK Law to schedule a consultation about your New Jersey personal injury claim.
Frequently Asked Questions What should I do if a drunk driver hits my car on Halloween?
Seek medical attention, contact law enforcement, document the accident scene, obtain witness information, notify your insurance company as appropriate, and preserve your medical and accident records.
Can I sue a drunk driver who caused my accident?
Potentially. If another driver’s negligence caused your accident and injuries, you may have a personal injury claim. The specific circumstances of the crash and your injuries will determine what legal claims may be available.
Does a DUI arrest help my personal injury case?
A DUI arrest may provide relevant evidence, but a DUI case and a civil personal injury claim are separate legal matters. An attorney can evaluate the available evidence and how it may affect your claim.
What if I was a passenger in a vehicle driven by someone who was drunk?
You may still have a potential personal injury claim. The applicable insurance coverage and circumstances of the accident will need to be evaluated.
What if my child was hit by a drunk driver while trick-or-treating?
Seek immediate medical attention, contact law enforcement, document the accident, preserve evidence, and consider speaking with a New Jersey personal injury attorney about your child’s injuries and legal rights.
How much is a Halloween drunk driving accident claim worth?
There is no predetermined value. Potential compensation depends on factors such as the severity of the injuries, medical treatment, lost income, long-term consequences, insurance coverage, and other damages.
Do I need a personal injury lawyer after a drunk driving accident?
You are not required to hire an attorney for every accident. However, if you suffered significant injuries, have substantial medical expenses, are unable to work, have permanent injuries, or are dealing with disputed liability or an insurance company, speaking with a personal injury attorney may help you understand your legal options.