The holidays can be jolly; they can also be dangerous. According to the U.S. Department of Transportation, during the Christmas and New Year’s Day holiday periods in 2019, there were more drunk-driving-related fatalities (210) than during any other holiday period that year.
In Pennsylvania, people injured by a convicted drunk driver are often entitled to compensation for pain, suffering, lost wages, and medical bills. This claim is brought by the injured individual in civil court, which is separate from the criminal case brought by the Commonwealth of Pennsylvania against the drunk driver. In addition, a victim of a drunk driving accident may seek punitive damages.
Impaired driving includes not only alcohol impairment, but also impairment by drugs and prescription medication, or some combination of these.
According to the Pennsylvania Department of Transportation:
- Alcohol-related fatalities account for nearly 30 percent of all traffic fatalities in Pennsylvania.
- The number of DUI-drug arrests has increased by 28% over the past three years.
What should I do if I think the other driver is intoxicated?
After the accident, you should call the police immediately and communicate that you believe the other person may be intoxicated. The police will take a statement from you and may administer a field sobriety test to the other driver. Take note of any other words or actions that suggest the driver may be impaired.
What are the laws about drunk driving in PA?
In Pennsylvania, if a driver has a blood-alcohol content (BAC) of .08% or higher, they will receive a DUI. If they are a commercial driver, they will receive a DUI if their BAC is .04% or higher. Drivers under the age of 21 will be charged with a DUI if they have any alcohol in their system.
Who is responsible if I’m hit by a drunk driver?
It’s not always as simple as the drunk driver being at fault. An attorney from Aversa & Linn can help investigate who else may have been responsible for the driver’s inebriated state. Bars, restaurants, and other organizations are responsible for the actions of patrons they knowingly overserve.
What if my guest drank alcohol and then got into an accident?
If you provide alcohol to a minor and they get into an accident, you can be held liable for damages. You may even be found liable if a minor drinks alcohol on your property because of lack of supervision. In Pennsylvania, you are not liable if you serve alcohol to an adult guest and they subsequently cause an accident. However, in New Jersey you could be held liable, so it’s important to always consult with Aversa & Linn for who could potentially be at fault for your harm.
The Pennsylvania House of Representatives recently passed legislation intended to increase penalties for repeat DUI offenders, having tougher penalties for a third or higher DUI and mandating that the sentences be served consecutively, not concurrently.
If you or a loved one has been injured in a drunk driving accident, Aversa & Linn can investigate your accident and make sure all of the negligent parties are held responsible for the harms caused to you and your family.
