What Should I Do if I’ve Been in a Car Accident with a Drunk Driver?  

A recent study by the Pennsylvania Department of Transportation found that drunk driving is a serious problem in Pennsylvania. In 2015, there were more than 10,500 alcohol-related crashes in the Commonwealth. On average, there were 29 crashes caused by a drunk driver per day and people suffered injuries at the hands of a drunk driver 19 times per day.

Nationwide, there are hundreds of millions of times each year that drivers get behind the wheel while they are drunk or otherwise impaired. A survey by the Centers for Disease Control found there were over 111 million alcohol-impaired driving episodes in 2014 alone.  

At the Law Office of Alvin F. de Levie, we have decades of experience handling claims against drunk drivers throughout the Commonwealth, whose reckless behavior has caused our clients to suffer death or needless pain and suffering. With so many drunk drivers on the road, we feel it is important you are aware of the unique legal issues involved in drunk driving accidents.

How Will Police Involvement Affect My Case?

Driving while under the influence of alcohol is a crime in Pennsylvania. Generally, if the drunk driver’s blood alcohol content (“BAC”) is .08% or higher after a drunk driving accident, the driver will be charged and prosecuted by the local District Attorney’s office. And, although you are a victim, the prosecutors may require you to provide information to assist them in pursuing criminal charges against the driver.

Even If the driver receives a conviction for driving under the influence (or an alternative disposition, such as being entered into the “ARD” program), you can still sue in Civil Court for your injuries.

What Can I Sue for In Civil Court?

In many ways, accidents caused by drunk drivers are just like any other motor vehicle accident that causes death or pain and suffering. You can sue to obtain compensatory damages including medical expenses, lost wages, rehabilitation, pain and suffering, and lost wages.  

Unlike most car accident cases, however, drunk driving accidents tend to open the possibility of seeking punitive damages. Civil cases are normally intended to compensate the victim for his or her losses to get as close to “making the victim whole” as possible. However, punitive damages are a tool used by the civil system to punish the defendant for his or her actions and to send a message to others that similar conduct will not be tolerated.

Under Pennsylvania law, punitive damages may be awarded in cases where the defendant’s conduct is willful, wanton, reckless or malicious. These words are all legal terms used to describe conduct that society sees as outrageous and well beyond everyday negligence.

Because the dangers of drunk driving are so well known, members of the public are often outraged when drunk drivers cause accidents and injury to others on the road. This makes large punitive damage awards possible.  

Who Else May Be Liable For My Injuries?

Under Pennsylvania’s Dram Shop Law, you may also have a claim against the bar, restaurant or other establishment where the driver had been drinking if the driver was served alcohol while visibly intoxicated. According to the Dram Shop Law, bars, restaurants and others licensed to serve alcohol are not allowed to serve a visibly intoxicated person. If they do, they can be held liable for any death, pain and suffering caused by the person they served after he or she leaves their establishment.

What Should I Do If Was Hit by a Drunk Driver?

You should first check for injuries and call 911. If you are able, you should then document your accident. You should take photos of the crash.

It is helpful to get photographs of the vehicles involved, their license plates, and the accident scene. You should also write down or otherwise record the names and contact information of any witnesses to the accident.

The police will take a statement from you if you are able to provide one to learn how the accident occurred. You should make sure to take down the name of the officer with whom you spoke, the name of the police department and any incident or control number given to you by the police.

These will make it easier to obtain a copy of the police report after the accident.  

Once you have received any necessary medical attention, you should contact an experienced personal injury lawyer immediately.

Contact Us Today

At the Law Office of Alvin F. de Levie, Esq., we have years of experience handling cases for those who have suffered catastrophic injuries as a result of drunk driving accidents throughout the Commonwealth. We have handled cases from Philadelphia and the surrounding counties to Allegheny County, including Centre County, Montour County, Clearfield County, Lehigh County and Dauphin County.

If you have suffered an injury as a result of medical malpractice, please call our firm – 24 hours a day, 7 days a week – at 844-777-2529 (Toll Free) for a consultation. One of our team members will be in immediate contact with you. We maintain offices throughout Pennsylvania in Philadelphia, State College, Bellefonte and Lock Haven, and we are willing to meet any clients throughout the Commonwealth.