Drunk Driving Accident Lawyer Pittsburgh
A drunk driver’s reckless choices can lead to life-altering consequences for innocent victims. If you’ve been injured in a drunk driving accident in Pittsburgh, Porta-Clark & Ward will stand by your side to seek justice. Our drunk driving accident lawyers are committed to holding impaired drivers accountable. Call (412) 921-7350 for a free consultation today.
Taking Legal Action Against a Drunk Driver After an Accident
Drunk driving is one of the most reckless choices a person can make behind the wheel. When someone drives under the influence, they put everyone around them at risk. Victims of drunk driving accidents often suffer severe injuries, financial hardships, and emotional distress. While the driver may face criminal charges, many injured victims are left wondering whether they can pursue a lawsuit to recover their losses.
The short answer is yes. If you were injured in a crash caused by a drunk driver, you have the right to seek compensation through a personal injury claim. Holding the responsible party accountable can help you recover medical expenses, lost wages, and other damages.
Understanding Liability in a Drunk Driving Accident
A driver who chooses to get behind the wheel while intoxicated is not only breaking the law but also acting negligently. In personal injury cases, negligence is a key factor in determining liability. To recover damages, an injured party must prove the following:
- The driver had a duty to operate their vehicle safely.
- They breached that duty by driving under the influence.
- Their actions directly caused the accident.
- The victim suffered injuries and damages as a result.
Since Pennsylvania has strict laws against impaired driving, proving negligence in these cases is often more straightforward than in other types of accidents. A DUI arrest, police report, or witness testimony can serve as strong evidence in a lawsuit.
What Compensation Can Be Recovered?
Victims of drunk driving accidents may be eligible to recover a variety of damages, depending on the severity of their injuries and losses. Compensation may include:
- Medical expenses – Hospital bills, surgeries, rehabilitation, medication, and any future medical treatments related to the accident.
- Lost wages – If injuries prevent you from working, you may be able to recover lost income.
- Pain and suffering – Compensation for physical pain, emotional distress, and diminished quality of life.
- Property damage – The cost of repairing or replacing a damaged vehicle.
- Punitive damages – In some cases, courts may award additional damages to punish the drunk driver for their reckless behavior.
Unlike standard car accident claims, cases involving a drunk driver may result in higher compensation due to the intentional nature of the wrongdoing.
The Role of Insurance in a Drunk Driving Claim
Most injury claims start with filing an insurance claim against the at-fault driver’s policy. Pennsylvania requires drivers to carry minimum liability coverage, which can help cover medical expenses and property damage. However, there are challenges when dealing with insurance companies.
Insurance adjusters may try to settle quickly, often offering low payouts to close the case. In some situations, the drunk driver may not have enough insurance to cover all damages, or they may not have insurance at all. If the policy limits are too low, victims may need to explore other options for compensation.
Suing the Drunk Driver Directly
If an insurance claim does not fully cover your losses, you may have the option to file a personal injury lawsuit against the drunk driver. This can be an effective way to seek additional compensation, especially if your injuries are severe. However, one challenge in suing an individual is that they may not have enough personal assets to pay a settlement.
In cases where the drunk driver does not have the financial means to cover damages, victims may need to look at other potential sources of compensation.
Holding a Bar or Restaurant Accountable
Pennsylvania has Dram Shop Laws, which allow victims of drunk driving accidents to sue bars, restaurants, or other establishments that over-served alcohol to the driver. If a business continued to serve alcohol to someone who was visibly intoxicated, and that person later caused an accident, the establishment could be held partially responsible.
Dram shop cases require strong evidence, such as:
- Witness statements confirming the driver was intoxicated when served
- Surveillance footage from the bar or restaurant
- Receipts showing excessive alcohol purchases
- Testimony from bartenders or servers
Pursuing a claim against a bar or restaurant can be complex, but it may provide another avenue for recovering damages.
What to Do Afterward
If you are injured in an accident caused by a drunk driver, taking the right steps can strengthen your case. Here is what you should do:
- Call 911 – A police report documenting the driver’s intoxication can serve as key evidence.
- Seek medical attention – Even if injuries seem minor, getting checked by a doctor ensures you receive proper care and creates a medical record linking your injuries to the crash.
- Gather evidence – Take photos of the accident scene, vehicle damage, and any visible injuries. If there were witnesses, get their contact information.
- Avoid speaking with insurance adjusters – Anything you say to an insurance company can be used to minimize your claim.
- Contact a personal injury lawyer – An attorney can guide you through the legal process and help you pursue the full compensation you deserve.
How a Lawyer Can Help
Suing a drunk driver or filing an injury claim requires strong legal representation. A lawyer can:
- Investigate the accident and gather evidence
- Handle communication with insurance companies
- Determine all sources of compensation, including dram shop liability
- Fight for maximum compensation through negotiation or litigation
Since Pennsylvania has a two-year statute of limitations for personal injury claims, it is important to act quickly. Waiting too long to file a claim could result in losing your right to compensation.
A Drunk Driving Accident Attorney Who Demands Justice
Drunk driving accidents can have life-changing consequences for victims. While criminal charges may hold the driver accountable in court, they do not provide financial relief for injured individuals. Filing an injury claim or lawsuit can help cover medical bills, lost wages, and other damages.
Drunk drivers in Pittsburgh must be held responsible for their reckless actions. If you’ve been injured by an impaired driver, Porta-Clark & Ward will fight to get you the justice and compensation you deserve. Call (412) 921-7350 today to speak with a skilled drunk driving accident attorney for a free consultation.