What Do I Do After Being Injured by a Drunk Driver in Pennsylvania?

close up of driver driving
October 21, 2019
Legally Reviewed By Attorney Rand Spear, Esq.

Everyone knows it is illegal to drink and drive anywhere, including in the state of Pennsylvania. This can cause significant injuries to the driver as well as any innocent bystanders or passengers. When a person becomes injured at the expense of a drunk driver, it can cause significant physical, emotional, and financial damages. Victims of these situations often wish to recover compensation as coverage for these damages incurred during the accident. In doing so, it is important to contact an experienced personal injury attorney to navigate your case.

Holding a Negligent Driver Liable

When operating a vehicle, drivers have an obligation to do so to the best of their ability. This involves being fully in control of their capacities and giving the road their undivided attention. If they fail to do so, they can be held liable for negligence in the event that they cause an accident. Driver negligence can include texting while driving, speeding, driving while drowsy, driving under the influence of drugs or alcohol, and more. Drunk driving is extremely dangerous, which is why drivers can be held liable for any harm they cause as a result.

Victims of a drunk driving accident who wish to hold the driver liable should retain the services of an experienced attorney. With their assistance, the individual must work to prove the driver’s behavior directly caused their injuries. This must be done with proper evidence including video footage of the incident, medical documentation of the injuries, police reports, witness statements, and more.

Dram Shop Laws

Pennsylvania’s Dram Shop Law holds establishments and licensed individuals responsible for any injuries and damages that may be caused by an intoxicated person that they served. For example, an establishment is required to turn down a patron that enters visibly intoxicated and not continue to serve them. This is in place for bars, liquor stores, restaurants, and private events. It 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?

Injured victims who wish to hold a drunk driver liable for negligence should know what the statute of limitations is. A statute of limitations is a deadline that injured victims are required to meet when filing a personal injury claim against the negligent party. 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.