New Jersey Bill S960: Lifting Lawsuit Restrictions in DUI Accidents A significant piece of legislation concerning driving under the influence (DUI) and accident compensation is currently under consideration in New Jersey. Senate Bill S960 (S960), sponsored by Senator Jon Bramnick, seeks to amend existing laws regarding the “limitation on lawsuit” option, commonly referred to as the “verbal threshold,” in motor vehicle accident cases.
The core of the bill proposes that this limitation will *not
- apply if the accident was caused by a drunk driver. *What Does S960 Propose?
- In straightforward terms, S960 aims to provide greater legal recourse for individuals injured in car accidents caused by drivers operating under the influence of alcohol or drugs. Currently, New Jersey drivers have the option to select a “limitation on lawsuit” insurance policy, which offers lower premiums but restricts their right to sue for non-economic damages (e.g., pain and suffering) unless they sustain a permanent injury. S960 proposes a crucial exception to this limitation.
If a driver causes an accident while intoxicated, the injured party would *not
- be bound by the “limitation on lawsuit” threshold, regardless of their own insurance policy selection.
This means that victims of drunk driving accidents could pursue legal action for non-economic damages even if their injuries do not meet the current threshold for permanent injury.
The bill effectively removes a major hurdle for victims seeking full compensation for their losses. *Potential Impact on Drivers and Accident Victims
- The potential impact of S960 is substantial, affecting both those who drive under the influence and those who are injured as a result.
- Increased Accountability for Drunk Drivers: By removing lawsuit limitations, S960 sends a strong message that drunk driving will not be tolerated.
Drunk drivers could face significantly higher financial liability in the event of an accident, serving as a powerful deterrent.
The threat of facing a lawsuit for pain and suffering, even in cases where injuries are not deemed “permanent,” could potentially dissuade individuals from driving under the influence.
- Enhanced Compensation for Victims: The primary beneficiaries of S960 would be victims of drunk driving accidents. Currently, many victims with less severe but still painful and life-altering injuries find it difficult to obtain fair compensation for their suffering. S960 would allow these victims to pursue legal action for non-economic damages, potentially receiving significantly higher settlements or jury awards.
This could cover medical expenses, lost wages, and the emotional toll of the accident more comprehensively.
- Potential Increase in Insurance Premiums: While the bill focuses on victim compensation and accountability, it could also lead to an increase in insurance premiums.
Insurers may argue that the increased risk of lawsuits, especially those involving pain and suffering claims, justifies higher premiums for all drivers.
The exact extent of any potential premium increase remains uncertain.
- Impact on the Legal System: The passage of S960 could lead to an increase in the number of lawsuits filed in New Jersey courts, as more victims of drunk driving accidents would be eligible to sue for non-economic damages.
This could potentially strain court resources and lead to longer processing times for cases. *Comparison to Current New Jersey DUI Laws
- To fully understand the potential impact of S960, it is essential to compare it to existing New Jersey DUI laws. New Jersey has strict DUI laws, imposing significant penalties on drivers convicted of operating a vehicle under the influence of alcohol or drugs.
These penalties include fines, license suspension, imprisonment, and mandatory participation in alcohol education programs. However, even with these penalties in place, drunk driving accidents continue to occur.
Current laws provide a framework for compensating victims, but the “limitation on lawsuit” option can significantly restrict the amount of compensation available.
Here is a comparison table highlighting the key differences between the current system and the proposed changes under S960:
Proponents of the bill argue that drunk driving is a particularly egregious offense that warrants stronger legal remedies.
The bill aims to ensure that victims of drunk driving accidents receive fair and just compensation for their injuries, regardless of their insurance policy choices. Senator Bramnick has emphasized the need to hold drunk drivers fully accountable for their actions.
He argues that the current system allows drunk drivers to escape full responsibility by hiding behind the “limitation on lawsuit” option. S960 seeks to close this loophole and provide victims with the opportunity to seek the full measure of damages to which they are entitled.
The rationale behind the legislation is rooted in the belief that drunk driving is a preventable crime that inflicts immense suffering on innocent victims. By removing the “limitation on lawsuit” in these cases, S960 aims to deter drunk driving and provide a more just outcome for those who are injured as a result. *Practical Information for Affected Drivers
- If S960 becomes law, here's what drivers in New Jersey need to know:
- If you are injured in an accident caused by a drunk driver: You may have the right to sue for non-economic damages, even if your injuries are not considered permanent and you have a “limitation on lawsuit” policy.
Consult with an attorney to understand your legal options and to ensure that your rights are protected.
- If you are accused of drunk driving: Understand the serious consequences of a DUI conviction in New Jersey, including the potential for civil liability.
Contact a qualified attorney immediately to discuss your defense strategy and to minimize the potential penalties.
The financial ramifications of causing an accident while intoxicated could be substantial, especially if S960 becomes law.
- Review your insurance policy: Understand the terms of your insurance policy, including the “limitation on lawsuit” option and the coverage limits.
Consider whether you need to increase your coverage to protect yourself against potential liability.
- Never drive under the influence of alcohol or drugs: This is the most important step you can take to protect yourself and others.
Drunk driving is a dangerous and irresponsible behavior that can have devastating consequences.
Always make responsible choices, such as designating a driver, using public transportation, or calling a taxi or rideshare service. *Conclusion
- New Jersey Senate Bill S960 represents a significant shift in the legal landscape surrounding drunk driving accidents. By removing the “limitation on lawsuit” option in these cases, the bill aims to provide greater legal recourse for victims and hold drunk drivers more fully accountable for their actions.
While the bill is still pending and its ultimate impact remains uncertain, it has the potential to significantly alter the way drunk driving accidents are handled in New Jersey.
Drivers should stay informed about the progress of S960 and understand how it could affect their rights and responsibilities.
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