Legal Options for Victims of Drunk Driving Accidents in Pennsylvania

Drunk driving accidents are some of the most devastating collisions on Pennsylvania roads. They’re often entirely preventable, which makes the aftermath even more frustrating for victims. If you were injured or lost a loved one due to someone else’s decision to drive under the influence, you may be wondering what steps to take next.

In Pennsylvania, the law is clear—drunk driving is a criminal offense. But the criminal justice system doesn’t directly compensate victims. That’s where civil legal action comes in. Victims have the right to pursue compensation for the losses they’ve suffered, and understanding your legal options can make a significant difference during recovery.

Criminal Charges vs. Civil Lawsuits

When a driver is caught operating a vehicle while intoxicated, they may be arrested and charged with DUI (driving under the influence). A criminal case is handled by the state and focuses on punishing the offender—jail time, fines, license suspension, or mandatory treatment programs are common outcomes.

But for accident victims, the criminal case doesn’t necessarily help with medical bills, lost income, or emotional trauma. That’s why civil personal injury claims are so important. These lawsuits are separate from the criminal process and allow victims to seek compensation for their damages directly from the at-fault driver.

It’s also worth noting that even if the driver isn’t convicted in criminal court, you can still file a civil lawsuit. Civil cases have a lower burden of proof—meaning you only need to show that the driver was more likely than not responsible for the accident and your injuries.

Fault and Liability in Pennsylvania

Pennsylvania follows a modified comparative negligence system. This means that if you were partially at fault for the accident, your compensation may be reduced by your percentage of fault. However, if you are found to be more than 50% responsible, you may be barred from recovering damages.

For example, if you were hit by a drunk driver but were also speeding slightly, the court might assign 10% fault to you and 90% to the drunk driver. If your total damages were $100,000, you would still be eligible to recover $90,000.

Drunk driving is considered reckless behavior, and courts often assign a large share of the blame to intoxicated drivers. In many cases, fault is clear, especially when police reports and breathalyzer tests are part of the evidence.

Compensation You May Be Entitled To

Victims of drunk driving accidents may be eligible to recover a range of damages, both economic and non-economic. These may include:

• Medical expenses (past, present, and future)
  
• Lost wages and loss of earning capacity
  
• Pain and suffering
  
• Emotional distress
  
• Property damage
  
• Loss of enjoyment of life
  
• Loss of consortium (for spouses or family members)

In particularly serious cases, punitive damages may also be available. These are not tied to your actual losses but are intended to punish the at-fault driver for egregious or reckless conduct, like drunk driving.

What to Do After a Drunk Driving Crash

If you’re involved in a crash and suspect the other driver is under the influence, your immediate priority should be safety and medical attention. After that, preserving evidence can help support your future claim.

Here are some steps to consider:

1. Call 911 immediately to report the accident. Police can evaluate the other driver for signs of intoxication and document the scene.
   
2. Seek medical care even if you feel okay. Some injuries may not show up right away.
   
3. Take photos and videos of the accident scene, your injuries, and any visible damage.
   
4. Collect contact information from witnesses.
   
5. Obtain a copy of the police report.
   
6. Avoid discussing fault or details of the crash with the other driver or their insurance company.

It’s also important to speak with a personal injury attorney as soon as possible. An experienced lawyer can guide you through the legal process and protect your rights from the start.

What if the Drunk Driver Was Uninsured?

Unfortunately, some drunk drivers are also uninsured or underinsured. If that happens, you may still have options. Pennsylvania drivers can carry uninsured/underinsured motorist (UM/UIM) coverage on their auto insurance policies. This coverage can help pay for your medical expenses, lost wages, and other costs when the at-fault driver can’t.

Even if you’re not sure what coverage you have, a personal injury attorney can help you review your policy and determine what compensation is available.

When a Bar or Restaurant May Be Liable

In some drunk driving cases, the person who served alcohol to the driver may share liability. Pennsylvania has a Dram Shop Law, which allows injured victims to hold alcohol-serving establishments accountable under certain conditions. If a bar, restaurant, or even a private host served alcohol to someone who was visibly intoxicated and that person went on to cause an accident, the server could be held partially responsible.

These cases can be complex, but when successful, they open up additional avenues for compensation, especially if the drunk driver doesn’t have sufficient insurance or assets.

Time Limits for Filing a Lawsuit

Like other personal injury cases in Pennsylvania, drunk driving accident claims are subject to the state’s statute of limitations. You generally have two years from the date of the accident to file a lawsuit. If you miss this deadline, you may lose your right to seek compensation altogether.

However, certain exceptions can apply, especially in cases involving minors or delayed discovery of injuries. It’s best to act quickly so that evidence can be preserved and deadlines aren’t missed.

Conclusion

Navigating the legal system after a drunk driving crash isn’t easy, especially when you’re trying to recover physically and emotionally. You don’t have to go through it alone. A personal injury lawyer with experience handling drunk driving cases can investigate the accident, gather evidence, negotiate with insurance companies, and represent you in court if needed.

If you or someone you love has been injured by an impaired driver, don’t wait to get help. Understanding your rights and options is the first step toward holding the responsible party accountable and moving forward with your life.