DUI Accidents

As attorneys with expertise in personal injury car accident law in Pennsylvania, we understand the devastating impact a car accident involving a drunk driver can have on victims. If you or a loved one has been injured by a drunk driver, it’s crucial to know your rights and how the law protects you.

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Pennsylvania’s Limited Tort Option and Drunk Driving Accidents

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In Pennsylvania, car insurance policies offer two options: full tort and limited tort. Choosing the limited tort option typically means you forfeit the right to seek compensation for pain and suffering unless you suffer a serious injury. However, there is an important exception to this rule when it comes to drunk driving accidents.

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If you’re injured in an accident caused by a drunk driver, the limited tort option does not apply. This means that even if you selected limited tort on your insurance policy, you retain the right to pursue full damages from the drunk driver. This includes compensation for non-economic damages like pain and suffering, which can be a significant part of your recovery claim.

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Understanding DUI Laws in Pennsylvania

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Driving under the influence (DUI) is a serious offense in Pennsylvania. The state has a tiered approach to DUI enforcement, with penalties increasing with the driver’s blood alcohol concentration (BAC) level and the number of prior offenses. A driver is considered to be driving drunk if their BAC is 0.08% or higher. For commercial drivers, the limit is 0.04%, and for drivers under 21, it’s just 0.02%.

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When a driver chooses to get behind the wheel while intoxicated, they not only break the law but also endanger the lives of everyone on the road. As a victim of such negligence, you have the right to hold the drunk driver accountable for their actions.

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Seeking Compensation After a Drunk Driving Accident

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After an accident with a drunk driver, you may face a range of losses, including medical expenses, lost wages, property damage, and emotional distress. It’s important to seek fair compensation for all these damages. Here’s what you can do:

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1. Medical Attention: Your health is the top priority. Seek immediate medical attention, even if you don’t think you’re seriously injured. Some injuries may not be immediately apparent.

2. Police Report: Ensure that a police report is filed. The report will document the accident and may include evidence of the other driver’s intoxication.

3. Documentation: Keep detailed records of all your medical treatments, expenses, and any time missed from work.

4. Legal Representation: Contact an attorney who specializes in DUI accidents. An experienced lawyer can navigate the complexities of your case and help you understand the full extent of compensation you’re entitled to.

5. Civil vs. Criminal Proceedings: Understand that the drunk driver will face criminal charges, but this is separate from your civil claim for damages. You can pursue a civil case regardless of the outcome of the criminal case.

6. Punitive Damages: In some cases, you may be entitled to punitive damages. These are awarded not just to compensate you, but to punish the drunk driver and deter similar conduct in the future.

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The Role of an Attorney

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An attorney can be invaluable in helping you through the aftermath of an accident with a drunk driver. They can:

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• Investigate the accident and gather evidence.

• Work with medical professionals to document the extent of your injuries.

• Negotiate with insurance companies on your behalf.

• Represent you in court, if necessary.

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Remember, as a victim of a drunk driving accident, you have rights. The law is on your side, and with the right legal guidance, you can pursue the justice and compensation you deserve.

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Conclusion

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Car accidents involving drunk drivers are tragically common, but the law provides protections for victims. In Pennsylvania, the limited tort option does not limit your right to seek full compensation if you’re injured by a drunk driver. It’s important to take the right steps after an accident and work with an attorney who can help you navigate the legal system and advocate for your best interests.

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If you’ve been injured by a drunk driver, don’t hesitate to seek the help you need. An experienced personal injury attorney can provide the guidance and representation necessary to ensure that you are fairly compensated for your injuries and losses.

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Please note that this information is for general purposes only and does not constitute legal advice. For specific legal counsel tailored to your situation, it’s always best to consult with a qualified attorney.

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This overview is a starting point for understanding your rights after a car accident involving a drunk driver in Pennsylvania. If you need more detailed information or legal advice, please reach out to one of our offices so that we can assist you further. Remember, you don’t have to navigate this difficult time alone.