You know how important it is to focus on the road when driving. You do your best. And, then, someone else doesn’t. If you have been in an accident as the result of someone else’s DUI, you may be entitled to compensation for your losses. DUI is deadly. Some of our clients are family members of those who have lost their life after someone else was driving under the influence of drugs or alcohol. If you’ve suffered the loss of a loved one or you have been injured yourself, let our team talk to you about your options. Our DUI personal injury attorneys in Chester County and Delaware County, PA are available to discuss your needs with you today.
Every individual on the road is entrusted with a duty of care towards others. Negligence occurs when this duty is breached, leading to potential liability for any resulting damages or injuries.
Pennsylvania operates under a choice no-fault system for auto insurance. Opting for a no-fault insurance policy means your coverage will compensate for your losses, regardless of fault. Alternatively, individuals can elect “full tort” coverage, preserving their right to pursue damages directly from a negligent party’s insurer.
Limited tort coverage doesn’t preclude victims from seeking compensation from a negligent driver, especially in cases of permanent injuries, disfigurement, or damages surpassing their policy limits.
Who Is to Blame?
Individuals who are driving under the influence of drugs or alcohol can cause damage to other people and other people’s property. If you were the passenger in the vehicle and suffered loss after an accident, you have a claim. Perhaps you were the other driver the DUI driver hit, or that person damaged your property. In any situation, we encourage you to speak to our personal injury team about what happened.
In DUI accidents, many individuals suffer losses such as:
- Damage to their vehicle
- Medical bills from emergency room visits
- Long-term rehab costs
- Lost time at work, or lost ability to work
- Pain and suffering
- Loss of life of their loved one
- Property damage
In Pennsylvania, it’s essential to be aware of several key aspects of DUI (Driving Under the Influence) laws:
Blood Alcohol Content (BAC) Limits: The legal limit for blood alcohol concentration (BAC) in Pennsylvania is 0.08% for individuals aged 21 and over operating a non-commercial vehicle. For commercial drivers, the limit is 0.04%, and for drivers under 21, any detectable amount of alcohol is prohibited.
Implied Consent: By obtaining a driver’s license in Pennsylvania, individuals implicitly consent to chemical testing (breath, blood, or urine) to determine BAC if suspected of DUI. Refusal to submit to such testing can result in license suspension and other penalties.
Penalties for DUI Offenses: Penalties for DUI convictions in Pennsylvania vary based on factors such as BAC level, prior DUI convictions, and whether aggravating circumstances were present (such as injury or property damage). They may include fines, license suspension, mandatory alcohol treatment programs, community service, and even jail time.
Ignition Interlock Devices (IIDs): In Pennsylvania, individuals convicted of DUI may be required to install an ignition interlock device on their vehicle. This device requires the driver to blow into a breathalyzer before starting the vehicle, and it prevents the vehicle from starting if alcohol is detected.
Enhanced Penalties for Aggravated DUI: DUI offenses involving aggravating factors, such as extremely high BAC levels, multiple prior convictions, or accidents resulting in injury or death, can lead to more severe penalties, including longer license suspensions and prison sentences.
Alternative Sentencing and Diversion Programs: In some cases, individuals charged with DUI may be eligible for alternative sentencing options or diversion programs, such as Accelerated Rehabilitative Disposition (ARD), which can allow them to avoid some of the harshest penalties by completing a probationary period and fulfilling other requirements.
Child Endangerment Laws: Pennsylvania has specific laws addressing DUI with minors in the vehicle. Driving under the influence with a passenger under the age of 18 can result in additional charges and penalties.
It’s important to note that DUI laws and penalties can be complex and may vary depending on individual circumstances and jurisdiction. If you’re facing DUI charges in Pennsylvania, seeking legal counsel from an experienced DUI attorney is highly recommended to understand your rights, options, and potential defenses.
In the event of the other party’s conviction for driving under the influence of drugs or alcohol, we may pursue punitive damages on your behalf. Punitive damages serve to penalize the at-fault party and deter others from engaging in similar reckless behavior. This means that you may be entitled to additional compensation beyond the standard restitution for pain and suffering, lost wages, medical expenses, property damage, and other losses. With our firm’s expertise in both civil and criminal law, we are well-equipped to closely monitor all relevant aspects of a criminal drunk driving case.
Dram Shop Liability Claims
Establishments such as bars and restaurants, which possess liquor licenses (commonly referred to as Dram Shops), can be held liable for damages resulting from over-serving alcohol to patrons. Our investigative efforts extend to identifying the establishments where the intoxicated driver responsible for your injuries consumed alcohol prior to the accident. Through thorough investigations, we often uncover witnesses who can provide testimony indicating that the drunk driver was served alcohol despite already being intoxicated.