June 2, 2011

We know that when a drunk driver has an accident, the victim can sue the drunk driver for damages. What if the drunk driver feels someone else is responsible for allowing him or her to get in that condition? The New Jersey Supreme Court upheld a decision yesterday that allows drunk drivers to sue the establishment they were drinking at for over-serving them.

According to Delaware Online, Fredrick Voss, 47, had been drinking for several hours at Tiffany’s Restaurant in Toms River, New Jersey. The victim then left the restaurant on his motorcycle and hit a car, sending him flying for over 100 feet. At the time of the accident, where Voss sustained several fractures and permanent injuries, his blood alcohol content was two and a half times the legal limit.

Two laws were in question in the case. One law says that drunk drivers cannot recover damages for accidents they are involved in. The other, states that establishments can be held responsible for negligently over-serving patrons. The court decided, “There is no incompatibility between the two provisions.” Tiffany’s cannot appeal the decision to federal court due to the fact that the case involves only state laws and there were no constitutional violations.

If you were involved in an accident with a drunk driver, or you were a drunk driver who feels they were over-served, contact a New Jersey Auto Accident Attorney with Lundy Law. Their lawyers have been serving the area of more than fifty years and have experience with many types of auto accident cases.