Drunk Driving Accident Lawyer Pennsylvania
Drunk driving accidents can lead to devastating injuries, and if you’ve been affected by one, you need a trusted lawyer on your side. Porta-Clark & Ward has experience in helping victims of drunk driving accidents in Pennsylvania. Our experienced drunk driving accident lawyers will hold negligent drivers accountable for their actions and work diligently to get you the compensation you deserve. Call us today at (412) 921-7350 for a free consultation.
Understanding Why Victims of Drunk Driving Accidents Often Receive Higher Compensation
Drunk driving accidents can have devastating consequences. When a driver chooses to get behind the wheel while impaired, they put everyone on the road at risk. Unlike ordinary car accidents, crashes caused by intoxicated drivers often result in more severe injuries, greater financial losses, and a higher level of legal responsibility for the at-fault driver.
Victims of DUI-related crashes may be entitled to more compensation than in other accident claims. The law recognizes that driving under the influence is not just careless—it is reckless behavior that endangers others. Because of this, victims often have stronger legal grounds to pursue higher damages.
How Drunk Driving Increases Liability
Drivers have a duty to operate their vehicles safely. When a person drives under the influence of alcohol or drugs, they violate that duty in a serious way. Unlike a simple mistake, such as failing to check a blind spot, drunk driving is considered gross negligence.
Pennsylvania law holds impaired drivers accountable, both criminally and civilly. If a drunk driver causes an accident, they may face criminal charges such as DUI, reckless driving, or aggravated assault. While these charges are separate from a personal injury case, they can serve as strong evidence that the driver acted recklessly.
For victims, this increased level of negligence often results in higher compensation, especially when pursuing punitive damages.
The Types of Compensation Available in DUI Accident Cases
Victims of DUI accidents can seek various types of compensation, depending on the severity of their injuries and losses. In most personal injury cases, compensation falls into two main categories:
Economic Damages
These damages cover financial losses related to the accident, such as:
- Medical expenses – Hospital bills, surgeries, rehabilitation, and future medical costs
- Lost wages – Income lost due to time off work for recovery
- Property damage – The cost of repairing or replacing a vehicle
- Future earning potential – If the victim suffers long-term disabilities that impact their ability to work
Non-Economic Damages
These damages compensate for the physical and emotional toll of an accident, including:
- Pain and suffering – Physical pain, emotional distress, and mental anguish
- Loss of enjoyment of life – If injuries prevent a person from engaging in activities they once enjoyed
- Loss of consortium – The impact of injuries on relationships with a spouse or family members
Because DUI accidents often cause serious harm, victims may be entitled to significant compensation for both economic and non-economic damages.
Punitive Damages in DUI Cases
One major reason victims of drunk driving accidents may receive higher compensation is the availability of punitive damages. These damages are not meant to compensate for losses but to punish the at-fault driver and discourage similar behavior.
Punitive damages are not awarded in every personal injury case. However, courts may grant them in cases involving gross negligence or willful misconduct. Driving under the influence is widely recognized as reckless behavior that puts the public at risk.
Pennsylvania law allows victims to seek punitive damages when there is clear and convincing evidence that the defendant acted with reckless disregard for the safety of others. Since drunk driving meets this standard, many victims of DUI crashes can pursue additional compensation beyond their actual losses.
How Insurance Companies Handle DUI Accident Claims
Insurance companies often take DUI cases more seriously than other types of accident claims. Because drunk driving is considered reckless behavior, insurers may be more likely to settle for higher amounts rather than risk a costly trial.
However, insurance companies may still try to minimize payouts. They may argue that the victim shares some responsibility for the accident or that the injuries are not as severe as claimed. This is why having an experienced attorney can make a difference. A lawyer can gather evidence, negotiate aggressively, and push for the maximum settlement available.
Proving Negligence in a DUI Accident Case
Even though drunk driving is illegal, victims still need to prove that the driver’s impairment caused the crash. The following types of evidence can help establish negligence:
- Police reports – If the driver was arrested for DUI, the police report can provide crucial details, including the results of field sobriety or breathalyzer tests.
- Witness statements – Testimony from people who saw the driver swerving, running a red light, or displaying other signs of impairment can strengthen a claim.
- Traffic camera or dashcam footage – Video evidence can capture erratic driving behavior before the crash.
- Bar or restaurant records – If the driver was drinking at a bar or restaurant before the accident, records or receipts may show how much alcohol they consumed.
- Blood alcohol concentration (BAC) test results – If a driver’s BAC was over the legal limit, this is strong evidence of impairment.
An attorney can help collect and analyze this evidence to build a strong case.
When Third Parties May Be Liable
In some DUI accident cases, additional parties may also bear responsibility. Pennsylvania has dram shop laws, which allow victims to hold bars, restaurants, or other establishments liable if they served alcohol to a visibly intoxicated person who then caused an accident.
If a bartender continued serving alcohol to someone who was already impaired, the establishment could be partially responsible for damages. This can provide an additional source of compensation for victims.
Additionally, if an employer allowed a worker to drive while intoxicated, the company could also be held liable under certain circumstances.
A Drunk Driving Accident Attorney Who Holds Negligent Drivers Accountable
Holding drunk drivers accountable is not just about financial recovery. It also sends a message that reckless behavior will not be tolerated. Seeking fair compensation can help cover medical bills, lost income, and the long-term impact of injuries. If you were harmed by an impaired driver, legal help is available to guide you through the process and fight for the compensation you deserve. Porta-Clark & Ward is committed to seeking justice for those injured by reckless, impaired drivers. Our experienced drunk driving accident attorneys will work aggressively to get you the compensation you deserve. Call (412) 921-7350 today for a free consultation.