Everybody understands that drunk driving creates significant dangers to other drivers, pedestrians and bicyclists on the roadways—yet, despite this knowledge, thousands of drivers choose to get behind the wheel after consuming alcohol every single day. These drivers not only put their own lives and futures at risk, but they create a risk for every single other driver on the road. When a drunk driver causes a car accident, serious injuries and even death can result for innocent victims in the other vehicles involved in the crash.
At the Marrone Law Firm, LLC, our Philadelphia drunk driving accident lawyers are serious about holding drunk drivers financially responsible for the damage that their actions can cause when an accident results. We have nearly six decades’ combined experience going to battle for drunk driving accident victims in the greater Philadelphia area, and have the knowledge and resources necessary to build a strong case for your right to recovery—regardless of your insurance coverage options. The laws governing drunk driving accident cases can apply differently than the laws that apply in a typical motor vehicle accident, so contact our experienced drunk driving accident lawyers to discuss any questions that you may have if you have been injured in an accident involving a drunk driver.
Driving a motor vehicle with a blood alcohol content (BAC) of 0.08 percent or more is illegal in Pennsylvania, and can result in significant consequences to the driver in the criminal context—including monetary fines, suspension of driving privileges and even jail time. However, the fact that the other driver was drinking does not automatically and conclusively establish that he or she caused the accident.
An experienced attorney will conduct an investigation into the accident that proceeds much like other car accident cases to determine the cause of the accident which, in most cases, is the drunk driver’s negligent driving. In many drunk driving accident cases, we can work to show that the driver’s alcohol consumption caused the driver to:
Under Pennsylvania law, you will be entitled to recover compensation for pain and suffering from a convicted drunk driver even if you have chosen the limited tort option in your car insurance policy (this is also the case if the driver completes Pennsylvania’s ARD program in lieu of conviction). In general, a limited tort insurance policy allows you to obtain lower cost car insurance, but also limits your ability to pursue a claim against a negligent driver for the pain and suffering that was caused by the accident unless you suffered “serious injuries”. If the driver who caused the accident was drunk, this limitation is waived and you can pursue a claim for pain and suffering regardless of the severity of your injuries. In addition to pain and suffering, you may be entitled to compensation for:
Further, drunk driving accident victims may be entitled to recover punitive damages against the drunk driver. Driving under the influence of alcohol is considered to be so reckless that, under state law, it is deemed appropriate to impose penalties that punish a drunk driver for that action when an accident results. Our lawyers will fight to establish that the driver’s conduct was so egregious as to justify punitive damages if at all possible in your case.
If you have sustained injuries in a drunk driving accident, it is important to contact an experienced drunk driving accident lawyer as soon as possible to ensure that all relevant evidence is preserved in your case. Call The Marrone Law Firm, LLC today, or fill out this online form, to schedule a free initial consultation to discuss any questions that you have relating to your case or injuries.
In some limited cases, you may be able to pursue a claim for compensation against the bar or establishment that served the drunk driver alcohol. The bar or establishment may be held legally responsible if they served the drunk driver alcohol once he or she was already visibly intoxicated. While it can be difficult to prove that the driver was visibly intoxicated and still being served alcohol, our lawyers can examine the bar’s security footage and locate and interview eyewitnesses to determine whether the person was stumbling, slurring, speaking incoherently or otherwise behaving in a manner that could establish his or her intoxication.
No. Although driving under the influence of alcohol is negligent behavior that can be used as evidence to establish that the other driver was at fault for the accident, it is not necessary that he or she be convicted in order for you to recover compensation. Our lawyers will investigate to determine the cause of the accident, and if the other driver’s actions caused the accident, that driver and his or her insurance company can be held financially responsible even if no criminal action is taken against them.