How Do I Sue After Being Injured in a Pennsylvania Drunk Driving Accident?

drunk driver opening beer in drivers seat
February 28, 2020

It is illegal to drink and drive in all states. While this is true, people violate the law and drive intoxicated anyway. In doing so, they endanger all other people on the road. If a drunk driver causes an accident due to their state, they can cause serious injuries to others. This often results in detrimental physical, emotional, and financial damages. It is because of this that those harmed in these situations can hold the negligent party responsible for the trauma they caused. During this time, it is important to retain the services of an experienced Pennsylvania personal injury attorney for assistance.

How Can I Hold the Driver Liable?

All drivers are required to follow the rules of the road. One of these is to drive sober. It is because of this that driving under the influence of drugs or alcohol is considered negligent driving. This can result in being held responsible for the accident and injuries they cause due to this behavior. The injured party can file a personal injury lawsuit against them. During this time, they are required to prove negligence in order to be successful. With the help of a skilled attorney, this can be done by gathering evidence that proves the driver disregarded the law and drove while they were under the influence and this behavior directly caused their injuries. This can be done with evidence such as pictures of the scene, video footage of the incident, medical documentation of the injuries, police reports, witness statements, and more.

What are Dram Shop Laws?

The state of Pennsylvania holds its establishments as well as other individuals responsible for serving intoxicated people that go on to cause accidents. This is done with Pennsylvania’s Dram Shop Laws. For example, a bar is required by law to turn away a person that is visibly intoxicated instead of serving them. This liability is the same for liquor stores, restaurants, private events, etc. The law can apply to the following situations:

  • An employee or “agent” of an establishment served alcohol to someone who was “visibly intoxicated”
  • The business or host’s decision to serve alcohol to a visibly intoxicated customer directly causing injuries or damages

What is the Statute of Limitations?

When a person is injured in an accident by a drunk driver, it is important that they not wait too long to file a personal injury lawsuit. This is because there is a statute of limitations in place. This is a deadline that injured parties are required to meet when filing a personal injury claim. In Pennsylvania, the statute of limitations for personal injury cases is two years from the date of the accident.

Contact our Firm

If you or a loved one has been in a personal injury accident in Pennsylvania, it’s important that you contact an experienced Philadelphia personal injury attorney to help you with your case and to make sure that you are not taken advantage of. Contact Spear Greenfield to get the right attorney in your corner.