In 2022, over 25% of all alcohol-related fatalities on Pennsylvania roads happened over the Christmas and New Year holidays. Drunk driving is a major road safety issue which puts drivers, passengers, and pedestrians at risk. Of particular concern is the number of drivers under 21 who are involved in alcohol related accidents. In 2022, 23% of young drivers (aged 16-20) killed on Pennsylvania roads were drinking drivers.
Drink responsibly over the holidays and talk to your young drivers about what to do if someone has been drinking. With Uber and Lyft so readily available, there is no reason to drive while intoxicated.
If you are involved in an accident with a drunk driver over the holidays, contact us for a free consultation.
Here are six things to remember to help protect you and your legal rights in the event of an accident:
1. Call 911 for police and ambulance
Your health and wellbeing is the first priority after any road accident. Call 911 for an ambulance if you need emergency medical assistance and to notify police about the accident. Stay in a safe place at the scene of the accident until the police arrive. If you do not need an ambulance, it is still important to see a healthcare provider as soon as possible after your accident to evaluate and document your injuries. Keep copies of any medical reports and bills for any future claim.
2. Exchange information with other drivers
If you are a driver in the accident, you should exchange insurance and contact information with any other drivers involved. Taking a photo of insurance details with your smartphone is an easy way to do this. If any driver is too intoxicated or reluctant to exchange information with you, do not force the issue and risk an argument or altercation. Alcohol and stress can lead to unpredictable behavior. Simply document this fact and let the police deal with any difficult parties.
3. Take photos and videos at the scene of the accident
The police will issue their own report with detailed facts about the accident, including whether or not alcohol was involved in the accident, but you should also gather your own evidence. Taking photos and videos is often the best way to do this. Images capture who is at the scene of the accident; vehicle positions; the weather, light, and road conditions; and any obvious impairment of drunken drivers. Photos can also record vehicle registration numbers and other useful information.
4. Get contact information for witnesses
Evidence from witnesses can be crucial in a road accident claim. Make a note of the name and phone number of anyone involved in the accident or who saw what happened. The police will also gather evidence from any witnesses when they are compiling their report of the accident. The police may also need witnesses to compile a criminal case after a drunk driving accident, which is different to any insurance or civil claim that you may bring.
5. Notify your auto insurance company
You must notify your car insurance company about any accidents that you are involved in, but do not enter into discussions with them without first consulting your attorney. Depending on the type of coverage that you have, you will likely look to your own insurance first for any medical bills as a result of the accident. Pennsylvania law requires drivers to carry Personal Injury Protection (PIP) benefits of at least $5,000 medical benefits, $15,000 per person/$30,000 per accident for bodily injury liability, and $5,000 property damage. If your damages exceed the coverage provided by your PIP benefits, you may be able to recover compensation from the drunk or at-fault driver.
6. Contact an experienced car accident attorney
If you have been involved in a drunk driving accident, it is essential that you get the advice of a reliable car accident attorney as soon as possible. Insurance companies, other involved parties, and the police may try to contact you soon after the accident and anything that you say can affect your ability to recover compensation for the accident. Also, if you are incurring medical expenses and missing work as a result of your injuries, you may need the financial security provided by compensation as soon as possible.
The car accident attorneys at Aversa & Linn can guide you and negotiate with other parties on your behalf to get you the compensation you deserve. We have years of experience representing injured victims of road accidents in Pennsylvania. Contact us for a free consultation if you are involved in a car accident involving a drunk driver.
And from all of us here at Aversa & Linn, we wish you a happy and safe holiday season.
