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New Jersey Drunk Driving Accident Attorneys

Drunk driving accidents leave lasting scars, both physical and emotional. If you or a loved one has been injured by an impaired driver in Freehold, Point Pleasant, or anywhere in the state, you deserve strong legal advocacy that puts your recovery first. At Mallon and Tranger, our experienced attorneys represent victims of drunk driving accidents throughout Monmouth County, Ocean County, and across New Jersey. We are committed to helping our clients recover full and fair compensation while holding intoxicated drivers accountable for their actions.

Whether the crash occurred on Route 9 in Freehold, the Garden State Parkway in Ocean County, or a neighborhood street in Point Pleasant, our legal team understands how to pursue justice for accident victims. With decades of combined experience, our attorneys are well-versed in New Jersey’s drunk driving laws and the civil remedies available to those injured by intoxicated motorists.

We represent victims in Freehold, Point Pleasant, and surrounding cities such as Toms River, Lakewood, Long Branch, and Asbury Park. If you’re struggling with medical bills, lost income, or emotional trauma after a crash involving a drunk driver, Mallon and Tranger is here to help.

DUI and Drunk Driving Laws in New Jersey

In New Jersey, driving under the influence (DUI) and driving while intoxicated (DWI) are functionally the same. Unlike some other states that distinguish between DUI and DWI based on the type or level of impairment, New Jersey law treats both terms interchangeably under N.J.S.A. 39:4-50.

Under the statute, it is illegal to operate a motor vehicle while under the influence of alcohol, narcotics, hallucinogens, or any other intoxicating substance. A driver can be charged with a DWI if their blood alcohol concentration (BAC) is 0.08% or higher. However, a person can still face DWI charges with a lower BAC if their ability to drive is visibly impaired.

In Monmouth County and Ocean County, as in all of New Jersey, law enforcement officers frequently patrol high-traffic areas such as Route 33, Route 70, and Route 35, especially near nightlife hubs in cities like Long Branch and Point Pleasant Beach. If you were hit by a driver who was arrested for DUI/DWI, their criminal charges can support your civil case for damages, but even if they weren’t convicted, you may still have grounds to pursue compensation through a personal injury claim.

In addition to alcohol, New Jersey’s DUI laws also apply to drugged driving, including impairment caused by prescription medications or cannabis. As marijuana use becomes more widespread in cities like Freehold and across Ocean County, accidents involving cannabis-impaired drivers are becoming more common.

Common Injuries in Drunk Driving Accidents

Drunk driving accidents often result in violent, high-impact collisions that cause serious and sometimes permanent injuries. Impaired drivers in places like Freehold, Point Pleasant, and across Monmouth County and Ocean County frequently speed, run red lights, drift across lanes, or fall asleep at the wheel, creating a perfect storm for devastating crashes.

Because these collisions typically happen at high speeds and with little to no reaction time, the resulting injuries can be catastrophic and life-altering. Common injuries include:

  • Traumatic Brain Injuries (TBI): These injuries may range from concussions to permanent brain damage, often leading to memory loss, speech issues, mood disorders, or cognitive impairments. Many victims require long-term rehabilitation or full-time care.
  • Spinal Cord Injuries: Damage to the spine may result in partial or full paralysis. These injuries are often permanent and require extensive medical treatment, physical therapy, and home accommodations.
  • Broken Bones and Fractures: Victims commonly suffer broken arms, legs, ribs, and pelvises. These injuries may require multiple surgeries and months of painful recovery time, impacting mobility and independence.
  • Internal Injuries: Blunt force trauma can lead to damage to organs such as the liver, spleen, kidneys, or lungs. Internal bleeding is especially dangerous and may not be immediately visible after the crash.
  • Neck and Back Injuries: Whiplash, slipped discs, and chronic back pain are common even in lower-speed crashes. These injuries can result in long-term discomfort, reduced range of motion, and lost wages due to time off work.
  • Burns and Lacerations: Crashes involving fire or shattered glass can cause deep cuts, burns, or scarring. Some injuries may require skin grafts or plastic surgery and leave permanent disfigurement.
  • Psychological Trauma: Survivors often suffer from post-traumatic stress disorder (PTSD), anxiety, depression, or emotional distress, particularly if the crash involved a fatality or severe injury to a loved one.

Victims injured in drunk driving accidents in Freehold, Point Pleasant, or nearby areas deserve compensation for both physical and emotional losses. A skilled drunk driving accident attorney can help protect your rights and pursue the full value of your claim.

Drunk Driving Accident Statistics in New Jersey, Monmouth County & Ocean County

Drunk driving remains a serious public safety threat across New Jersey. According to the most recent data from the National Highway Traffic Safety Administration (NHTSA), nearly one-third of all traffic fatalities in the United States involve a drunk driver. In New Jersey specifically:

  • In 2023, 142 people were killed in alcohol-related crashes, according to the National Highway Traffic Safety Administration (NHTSA), a decrease from the year prior. 
  • Ocean County ranked among the highest in the state for DWI arrests and alcohol-related crashes.
  • Monmouth County saw over 1,000 DUI-related arrests and dozens of serious crashes in recent years.

Cities like Toms River, Lakewood, and Freehold have experienced a troubling number of fatal and severe injury crashes due to impaired drivers. Shore towns like Point Pleasant and Asbury Park often see spikes in DUI incidents during the summer months, especially on weekends when bars and beach traffic increase.


Related: Don’t let picnics and beach trips lead to a summer DUI charge


Even with aggressive public safety campaigns and frequent DWI checkpoints in Monmouth and Ocean Counties, impaired driving continues to put innocent lives at risk. This is why civil claims against drunk drivers remain an essential tool for victims to obtain justice and financial recovery.

Who can be held liable in a drunk driving accident?

Who Can Be Held Liable in a Drunk Driving Accident?

Although the intoxicated driver is typically the most obvious party at fault, they are not always the only one who can be held legally responsible for a drunk driving accident in New Jersey. In Freehold, Point Pleasant, and elsewhere in Monmouth or Ocean County, several parties may bear liability under state law:

1. The Drunk Driver

This is the most direct source of liability. Under New Jersey law, operating a vehicle while impaired by alcohol or drugs is considered negligence per se, meaning the act itself violates a legal duty. If the driver is convicted of DWI, this can significantly strengthen a personal injury or wrongful death claim. Even without a conviction, the injured party can pursue a civil case based on evidence of intoxication and negligence.

2. Bars, Restaurants, and Social Hosts (Dram Shop Liability)

New Jersey’s Dram Shop Law allows injured victims to hold alcohol-serving establishments liable if they provided alcohol to someone who was visibly intoxicated or underage, and that individual later caused a crash. For example, if a bar in Asbury Park or Toms River served a visibly impaired patron who then caused a collision in Freehold, the establishment could be partially liable.

In addition, social host liability may apply when a private individual knowingly allows an intoxicated guest or minor to consume alcohol at a home or event. If the intoxicated person leaves a party in Point Pleasant, Long Branch, or Lakewood and causes a crash, the host could also be held responsible under certain circumstances.

3. Employers

If the drunk driver was acting within the scope of their employment at the time of the crash, such as a delivery driver, rideshare operator, or contractor moving between job sites, their employer may be vicariously liable. This is particularly relevant in commercial driving cases throughout Monmouth County and Ocean County, where companies may be required to carry higher insurance coverage.

4. Vehicle Owners

Under the legal doctrine of negligent entrustment, the owner of a vehicle may be liable if they knowingly allowed someone impaired or unfit to drive their car. For instance, if a friend lends their vehicle to someone who was clearly intoxicated in Freehold or Point Pleasant, and that driver causes a crash, the vehicle owner may also be named in the lawsuit.

A skilled attorney will explore all possible avenues of liability to ensure no responsible party is overlooked. This approach is especially important in serious injury or fatality cases, where the drunk driver’s insurance alone may not be enough to cover medical bills, lost income, and other damages. Identifying additional liable parties can significantly increase the available compensation for victims and their families.

How Can an Attorney Help After a Drunk Driving Accident in New Jersey?

Hiring a knowledgeable and experienced drunk driving accident attorney is crucial to protecting your rights and securing the compensation you deserve. At Mallon and Tranger, we serve clients across Freehold, Point Pleasant, Monmouth County, and Ocean County who have been impacted by drunk drivers. Here are just some of the ways we can help:

1. Gathering Evidence and Building a Strong Case

Our legal team will:

  • Obtain police reports, DWI arrest records, and toxicology results
  • Secure witness statements and video footage
  • Reconstruct the crash with accident experts
  • Identify liable third parties such as bars or employers
  • Calculate the full extent of your economic and non-economic damages

2. Negotiating With Insurance Companies

Insurance companies often attempt to minimize claims or shift blame, even in clear-cut drunk driving cases. We handle all communications and negotiations to protect your interests. In Freehold and Point Pleasant, this may include dealing with multiple insurers or uninsured/underinsured driver claims.

3. Fighting for Maximum Compensation

In New Jersey, drunk driving accident victims may be entitled to compensation for:

  • Medical expenses (hospital bills, surgeries, rehab)
  • Lost wages and diminished future earning capacity
  • Pain and suffering
  • Emotional distress and loss of enjoyment of life
  • Property damage (car repairs or replacement)
  • Punitive damages in cases of egregious misconduct

If the accident resulted in the tragic loss of a loved one, we also handle wrongful death claims, ensuring your family receives justice and financial support during an unimaginable time.

4. Representing You in Court

While many cases settle out of court, Mallon and Tranger is fully prepared to go to trial if the at-fault party refuses to offer fair compensation. Our attorneys are known in the Freehold and Point Pleasant legal communities for our aggressive litigation strategies and commitment to our clients’ rights.

Additional Legal Services

At Mallon and Tranger, our legal experience extends far beyond workers’ compensation. We are proud to represent individuals and families across New Jersey in a broad range of personal injury matters. When someone else's negligence causes you harm, our attorneys are here to help you pursue justice and full financial recovery. With decades of combined experience, we understand the challenges that follow a serious accident and work tirelessly to protect your rights and secure the compensation you deserve.

We handle a wide variety of personal injury claims, including:

Whether you’ve been injured on the road, at work, on someone else’s property, or by a dangerous product or reckless act, Mallon and Tranger will stand by your side every step of the way. We thoroughly investigate every case, handle communication with insurance companies, and advocate aggressively in and out of court. If you or a loved one has suffered a serious injury, contact our offices in Freehold or Point Pleasant today to schedule a free consultation and learn how we can help.

Contact Mallon and Tranger After a New Jersey Drunk Driving Accident

If you’ve been injured or lost a loved one in a drunk driving accident in Freehold, Point Pleasant, or any surrounding city in Monmouth County or Ocean County, don’t wait to seek legal help. The aftermath of a crash can be overwhelming, but you don’t have to face it alone. The team at Mallon and Tranger is here to help you hold the responsible parties accountable and secure the compensation you need to move forward.

We serve clients in Freehold, Point Pleasant, Toms River, Asbury Park, Long Branch, Lakewood, and throughout the state of New Jersey. Let us fight for justice while you focus on healing. Call Mallon and Tranger today or connect with us online for a free consultation and see how we can make a difference in your recovery.

Frequently Asked Questions

How does New Jersey’s no fault system affect my DUI accident if a drunk driver hit me?

Your PIP benefits pay medical bills regardless of fault after a DUI accident, which helps you treat quickly while we build your liability claim. Depending on your policy’s tort option, we can also pursue damages for pain and suffering from the drunk driver and explore uninsured or underinsured motorist coverage if their policy is too small. We guide you through New Jersey insurance rules, deadlines, and documentation so your benefits and third party claim work together instead of against each other.

Can compensation extend beyond the other driver’s insurance after a drunk driving accident?

Yes, and mapping that path is a core part of what we do. We evaluate your uninsured or underinsured motorist coverage, potential dram shop liability for businesses that served a visibly intoxicated patron, and social host liability in limited circumstances under New Jersey law. In especially egregious conduct, courts may consider punitive damages, but these are fact specific and we set expectations carefully while we position your claim with the attorney for maximum recovery.

Can I seek punitive damages against an impaired driver in New Jersey, and are there limits on those awards?

Yes, punitive damages may be available when a drunk driver’s conduct is especially egregious. New Jersey generally caps punitive damages at five times the compensatory award or 350,000 dollars, whichever is greater. A judge must also find the amount is reasonable and justified before entering judgment. There are statutory exceptions where caps do not apply, and legal materials note circumstances tied to drunk driving convictions that may affect the cap analysis. Your attorney will evaluate whether punitive damages fit your facts and how they interact with any criminal DWI outcome. These damages are separate from compensation for medical bills, wages, and pain and suffering.

How do dram shop and social host claims work alongside a claim against the drunk driver?

New Jersey’s Dram Shop Act allows claims against licensed servers that negligently serve a visibly intoxicated or underage person who later causes a crash. Social host liability can also apply when a host willfully and knowingly serves someone who is visibly intoxicated and that person then injures others while driving. These claims are distinct from your case against the impaired motorist and can expand the available insurance. Preserving bar receipts, surveillance footage, point-of-sale data, and witness statements is critical. Your lawyer will investigate service timelines and visible signs of intoxication to connect the dots. Adding these responsible parties can increase total recovery in serious injury cases.

What if the driver refused the breath test — does that matter in my civil case?

Refusing a breath test is a separate offense in New Jersey under the implied consent law. The refusal can trigger penalties such as license consequences and ignition interlock requirements, independent of any DWI charge. In your civil case, a refusal may be considered alongside other evidence such as field observations, video, and witness accounts. It does not automatically prove negligence, but it can support arguments about impairment and reckless conduct. Your attorney will obtain arrest records, refusal paperwork, and any related toxicology to build context. Quick evidence preservation helps ensure key records are not lost.

When should I talk with an attorney after a DUI accident in Freehold or Point Pleasant?

The sooner the better, because critical DUI evidence can disappear within days in New Jersey and insurers move quickly to limit their exposure. We jump on preservation letters, early scene work, and benefits coordination so you are not fighting on two fronts. If you were hurt in a DUI accident in Freehold or Point Pleasant, reach out to us so we can start protecting your claim today.

Additional Information in New Jersey

  • New Jersey DUI Penalties Table: Official NJ Motor Vehicle Commission chart outlining penalties for DUI and drug related driving offenses, including BAC tiers, repeat offense consequences, and related alcohol offenses. Clearly lists license suspension lengths, fines, fees and surcharges, IDRC requirements, community service, ignition interlock timeframes, and possible jail terms so drivers understand exactly what New Jersey imposes after a DUI.
  • State Laws & Trends in Drug-Impaired Driving: Drug-impaired driving presents a growing threat across the United States, with hundreds of substances—including cannabis, opioids, and stimulants—impairing driver ability and safety. Laws addressing this danger vary widely from state to state, ranging from zero-tolerance and per se limits to general impairment statutes. GHSA’s overview highlights how complex legislation, enforcement challenges, and emerging data needs are shaping efforts to reduce drug-related crashes nationwide.
  • Key Statistics on Drunk and Impaired Driving in the U.S.: Explore impactful data from MADD (Mothers Against Drunk Driving) highlighting the human toll of drunk and drug-impaired driving—from daily fatalities and under-age crash involvement to the broad impact across communities. This comprehensive overview underscores the urgency of prevention, enforcing ignition interlock laws, and supporting victims to help put an end to these preventable tragedies.


Contact Our Office

While this website provides general information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer. To schedule a meeting with an attorney, please call or complete the intake form below.
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732-780-5002
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