The most dangerous and deadliest time of the year to drive is during holidays. According to The National Highway Traffic Safety Administration (NHTSA), July 4th and New Year’s Day are consistently ranked as the deadliest holidays of the year.
Statistics from the past 25 years reveal that nearly 51 percent of all deadly traffic crashes on July 4th are related to alcohol. In addition, NHTSA research has shown that most alcohol related crashes that result in fatalities occur on the weekend nights.
In cases where a drunk driver injures or kills a person, the driver will obviously be held responsible for the accident. However, the drunk driver is often not the only one to blame. Pursuant to N.J.S.A. 2A:22A-5(b), servers of alcohol will be held liable when they serve “visibly intoxicated” patrons and/ or minors. According to New Jersey law, “visibly intoxicated” is “a state of intoxication accompanied by a perceptible act or series of acts which present clear signs of intoxication.” N.J.S.A. 2A:22A-3.
In addition to bars and restaurants, a “social host” can be held liable for the acts of the drunk driver. If a social host serves a guest he knows to be drunk and he knows the guest will be driving, the social host is liable for any injures or fatalities the drunk driver causes. N.J.S.A. 2A:15-5.6.
New Jersey law presumes that a Blood Alcohol Content (“BAC”) of less than 0.10% results in an irrefutable presumption that the person tested was not visibly intoxicated in the social host’s presence. However, if the BAC is between 0.10%-0.15%, there is a refutable presumption that the driver was visibly intoxicated.
Here at Ginarte Gonzalez Winograd L.L.P., we provide high-caliber representation to personal injury victims and their families. Contact our office at 1 (888) GINARTE for free consultation and we will make sure your rights are not lost.