In a cruel twist of irony, a designated driver was hit by a drunk driver while shuttling his five friends from one party to another. According to those involved, the deceased had volunteered to drive for the night, and he had not taken a drop of alcohol and had worn his seatbelt and made sure others did as well.
It happened on Saturday night, November 1, 2018, when the alleged drunk driver drifted from his lane and hit the students head on killing the driver and injuring the rest. In all, eight people were injured in the crash. Six were TCNJ students and two were in the car that stuck the students. All were taken to the hospital where all but the deceased would recover and be released. Police say the impaired driver faces charges of DUI, seven counts of vehicular assault and one count of vehicular homicide.
Designated Driver Programs
Many schools, including TCNJ, have designated driver programs for students who attend parties around the campus. In 2015, TCNJ brought the HERO program to their campus in an effort to curb drunk driving for TCNJ student.
The HERO program started in 2000 by the family of a student who was killed by a drunk driver. Once adopted, the program encourages students to sign up an volunteer to be a designated driver on certain nights, and then be available to drive TCNJ students to their destinations and back home while pledging not to drink for the evening.
Alcohol and TCNJ
TCNJ has a no drinking or possessing alcohol policy for those students under 21. In campus housing, no empty alcohol bottles can be displayed, even by those of age, and anyone lawfully drinking alcohol can not do so in front of others who are 20 and under.
Many campuses across the country have similar policies which is designed to encourage responsible drinking for those of age while trying to keep alcohol out of the hands of those not old enough to drink. Though there are no reports of TCNJ students being charged with a DUI, drinking by underage students is a problem.
According to the The Signal, the college student newspaper, in the few months before the crash, there were numerous incidents where the campus police had been called to deal with intoxicated students on campus. The HERO program was adopted by the school to combat the dangers of student drinking.
A TCNJ Alcohol and Drug Education Program official spoke about the program, he said, “Our students tell me they want to make lasting memories and de-stress, yet too much alcohol too fast can leave no memories and/or have lasting consequences. HERO provides a real New Jersey story with very reasonable options. Be a HERO. Be a designated driver. Be a leader who can see the cues and say something. Be Lion strong and smart.”
Alcohol-Related Tragedies
The death of the designated driver isn’t the only alcohol-related death to hit the campus. In 2006, a 19-year-old male freshman spent a night of drinking at the campus and then disappeared. He was found later at a Pennsylvania landfill, and it was unknown how he died or got to the landfill. Then in 2006, a female student in her third year at TCNJ disappeared and was found in nearby Trenton. Police later said that drugs and alcohol were involved.
What Happens to Those Injured While Using a Designated Driver?
Many times, those injured in a crash while intoxicate feel that they are somehow to blame because there were out drinking, especially if they were under age. However, this is not true. If injured while being shuttled by a designated driver, you may have a claim against the driver of the car who hit you. The fact that your were intoxicated should have little bearing on your claim. An insurance company might tell you otherwise, but since you weren’t driving either vehicle, then it would be difficult for the insurance company to prove you were at fault.
Do I need an Attorney?
If you have been injured while drinking by the fault of someone else, you need to talk to someone who is unbiased and can assess your case. After all, the insurance company will have their attorneys, so don’t go it alone.
You need an attorney that understands alcohol-related injuries and has experience dealing with insurance companies. The attorney’s at the Pearce Law Firm have the knowledge and experience. Don’t wait until they start treating you poorly before you contact an attorney. Some mistakes can’t be undone, so the sooner you have someone working for you, the better off you are. Call the Pearce Law Firm, P.C. at 215 600 2437 or text at 215 880 6164. You can also contact us online by clicking here.
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