Being hit by a drunk driver in Pennsylvania is a harrowing experience, leading to significant stress, injury, and emotional turmoil. The repercussions of driving under the influence can be devastating, resulting in serious injuries, property damage, and even fatalities.

If you or a loved one face this unfortunate situation in Pennsylvania, you may be questioning your right to sue. Depending on the specifics of your case and where the fault lies, you could be entitled to compensation.

At Spivak and Sakellariou, we offer guidance to help you navigate the legal complexities of being struck by a drunk driver in Pennsylvania and assist you in seeking compensation for your losses.

What is the Legal Limit in Pennsylvania?

In Pennsylvania, the legal blood alcohol concentration (BAC) limit for drivers is 0.08%. This means that if a driver has a BAC of 0.08% or higher, they are considered to be driving under the influence (DUI) and can face legal consequences. It is important to note that the legal limit is lower for certain categories of drivers. For example, it is unlawful for a commercial vehicle driver to operate with a BAC of 0.04% or higher. These legal limits are the same across the United States and are enforced to prevent accidents caused by impaired driving. 

Additionally, Pennsylvania operates under an “implied consent” law, which means that by driving on Pennsylvania roads, you automatically consent to a chemical test of your breath, blood, or urine if an officer suspects you of DUI. Refusal to take the test can result in an automatic license suspension and potential penalties, regardless of whether you were actually above the legal BAC limit.

As a driver, you are responsible for knowing your limits and not operating a vehicle if your BAC exceeds the legal limit. If you are caught driving with a BAC over the legal limit in Pennsylvania, you can expect to face legal consequences, including fines, license suspension, and even jail time, depending on the severity of the offense. Moreover, if you caused an accident while driving under the influence, you may be held liable for the damages and injuries sustained by other parties involved. 

Will Accident Insurance Cover Me if I Was in a Drunk Driver Accident?

Accident insurance coverage in Pennsylvania for victims of drunk driving accidents largely depends on the specifics of your insurance policy and the circumstances surrounding the accident. 

Pennsylvania is a “no-fault” state when it comes to car insurance, which means that your own insurance policy will generally cover your medical expenses and lost wages, regardless of who was at fault in the accident. This coverage is provided through Personal Injury Protection (PIP) insurance.

If you were the victim of a drunk driving accident it is essential to review your insurance policy and consult with a knowledgeable attorney to understand the extent of your coverage and your rights in a drunk driving accident in Pennsylvania. If you are found to be not at fault, your PIP insurance should cover your medical expenses and a portion of your lost wages up to the limits specified in your policy. However, PIP insurance typically does not cover non-economic damages such as pain and suffering. To seek compensation for these damages, you may need to file a claim against the at-fault driver’s liability insurance or pursue a lawsuit. 

How Do I Navigate a Civil Suit in a Drunk Driving Accident?

Navigating a civil lawsuit in a drunk driving accident case in Pennsylvania can be a complex and challenging process. Here are several steps to help guide you through the process:  

• Consult with a personal injury attorney who specializes in drunk driving accident cases.
• Collect and preserve all evidence related to the accident.
• Draft and file a complaint with the appropriate court.
• After the defendant has been served with the complaint, both parties will enter the discovery phase. 
• Many drunk driving cases are settled out of court. Your attorney will negotiate with the defendant’s legal representative or insurance company to reach a fair settlement. 
• If a settlement can not be reached, your case will proceed to trial.
• If you are successful in your lawsuit and are awarded damages, your attorney will help you collect the compensation.

Throughout the process, it is essential to maintain open communication with your attorney and follow their advice. A skilled personal injury attorney will guide you through the complexities of a civil lawsuit in a drunk driving accident case in Pennsylvania, working diligently to help you receive the compensation you deserve.

Are There Caps on What I Can Recover?

In Pennsylvania, there are generally no caps on the economic and non-economic damages you can recover if you were hit by a drunk driver. Economic damages, which include medical expenses, lost wages, and property damage, are intended to compensate you for the quantifiable financial losses you have suffered due to the accident. Non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life, compensate for more subjective losses.

However, there are some exceptions and considerations to be aware of:

1. Punitive Damages: Punitive damages are awarded in cases where the defendant’s conduct was particularly egregious or reckless, such as in drunk driving accidents. 

2. Limited Tort Option: Pennsylvania allows motorists to choose between two auto insurance coverage options: full tort and limited tort. If you have chosen the limited tort option, your ability to recover non-economic damages is generally restricted.

3. Comparative Negligence: Pennsylvania follows a modified comparative negligence system, which means that if you are found to be partially at fault for the accident, your compensation may be reduced in proportion to your degree of fault. 

It is essential to consult with an experienced personal injury attorney to assess your specific case, evaluate potential damages, and navigate the legal process to maximize your recovery after being hit by a drunk driver in Pennsylvania.

Can I File a Claim Against the Bar That Over Served the Driver?

In Pennsylvania, you may be able to file a claim against the bar or establishment that over-served the drunk driver who hit you under the state’s Dram Shop laws. These laws hold alcohol-serving establishments, such as bars and restaurants, responsible for injuries or damages caused by patrons they have served alcohol to when those patrons are visibly intoxicated or under the legal drinking age.

To file a claim against a bar or establishment under the Dram Shop laws in Pennsylvania, you must demonstrate the following:

1. The establishment served alcohol to the patrons when they were visibly intoxicated or under the legal drinking age (21 years old).

2. The establishment’s act of serving alcohol to the visibly intoxicated or underage patron directly contributed to the patron’s intoxication.

3. The patron’s intoxication was a direct cause of the accident that resulted in your injuries or damages.

It is important to note that proving these elements can be challenging and may require the collection of various types of evidence, such as surveillance footage, eyewitness accounts, and expert testimony. Furthermore, there is a statute of limitations for filing a Dram Shop claim in Pennsylvania. You generally have two years from the date of the accident to file a lawsuit, although certain circumstances may alter this time frame.

If you believe the bar or establishment that over-served the drunk driver may be partially responsible for your injuries, it is crucial to consult with an experienced personal injury attorney who is familiar with Dram Shop laws in Pennsylvania. They can help you evaluate the strength of your claim, gather the necessary evidence, and guide you through the legal process to seek the compensation you deserve.

If I Was Hit as A Pedestrian or on a Bicycle, What Are My Options?

If you were hit by a drunk driver while riding your bike or walking as a pedestrian in Pennsylvania, you have several options for seeking compensation for your injuries and damages. Here are the primary avenues to consider:

1. Personal Injury Protection (PIP) insurance: As a no-fault insurance state, Pennsylvania requires motorists to carry PIP coverage. PIP insurance covers your medical expenses and a portion of your lost wages, regardless of who was at fault. Even as a pedestrian or bicyclist, you can typically access PIP benefits from your own auto insurance policy, or if you do not have a policy, you may be able to access PIP benefits from the policy of a household family member.

2. File a claim against the drunk driver’s insurance: If your damages exceed the limits of your PIP coverage or you wish to seek compensation for non-economic damages such as pain and suffering, you can file a claim against the at-fault driver’s liability insurance. This may involve negotiating with the driver’s insurance company and providing evidence to support your claim.

3. Pursue a personal injury lawsuit: If you cannot reach a fair settlement with the drunk driver’s insurance company, you may need to file a personal injury lawsuit against the driver. This legal process involves gathering evidence, filing a complaint, engaging in discovery, and potentially going to trial. An experienced personal injury attorney can help guide you through this process and represent your interests.

4. Explore Dram Shop liability: If the drunk driver was over-served alcohol by a bar or establishment, you may be able to pursue a claim against the establishment under Pennsylvania’s Dram Shop laws. Proving liability in a Dram Shop case can be challenging, so it is essential to consult with an attorney who is knowledgeable about this area of law.

5. Uninsured/Underinsured Motorist Coverage (UM/UIM): If the drunk driver does not have insurance or their coverage is insufficient to cover your damages, you can file a claim under your own UM/UIM coverage if you have it as part of your auto insurance policy.

It is crucial to consult with an experienced personal injury attorney who can help you evaluate your options, navigate the legal process, and maximize your recovery after being hit by a drunk driver as a pedestrian or bicyclist in Pennsylvania. They can ensure that your rights are protected and that you receive the compensation you deserve for your injuries and losses.

We Are Here to Help

It is important to remember that insurance and compensation for a drunk driving case can be complex and change depending on the details of each case. The skilled and compassionate attorneys at Spivak & Sakellariou understand the physical, emotional, and financial challenges faced by victims of drunk driving accidents in Pennsylvania. Our dedicated legal team will work tirelessly to help you navigate the complex legal landscape, gather crucial evidence, negotiate with insurance companies, and, if necessary, litigate your case in court to ensure you receive the compensation you deserve. If you or a loved one have been the victim of a drunk driving accident in Pennsylvania, don’t hesitate to contact us for a free consultation today.