Archive for January, 2010

No Recovery for DUI Accident Injury

New Jersey has taken the collateral consequences of a drunk driving conviction to a new level.  Consider, for a moment, that you were legally stopped at a red light when you were rear-ended by a negligent driver.  Upon investigation, the officer determines that you are under the influence.  You are subsequently arrested and ultimately convicted.  Although you were injured in the accident, which was clearly not your fault, a New Jersey statute bars recovery, regardless of liability, for any loss suffered “in connection with” an accident where the claimant has been convicted of DUI. This statute, N.J.S.A. 39:6A-4.5(b), bars recovery not only of economic, but also non-economic loss sustained as a result of the accident.

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