DUI victims deserve substantial compensation for their accidents, and personal injury attorneys like those at Reiff and Bily are willing to fight for the victim to help them recover the compensation they need. Unfortunately, around 28 people die every day because of DUI accidents, according to Center for Disease Control statistics. For the surviving family of these victims, substantial compensation may be available.
If you were injured in a DUI-related accident or you lost a loved one to a drunk driving accident, talk to an attorney today. You might be entitled to compensation for the medical expenses, any work you missed due to your injuries, pain and suffering, or compensation for the death of a loved one. The Philadelphia car accident attorneys at Reiff and Bily may be able to take your case, and fight for the compensation you deserve.
Lawsuits for Pennsylvania DUI Victims
Like any accident that causes personal injury, you might be entitled to substantial compensation if you were injured in a car accident or truck accident caused by a drunk or drugged driver. Usually, when you are injured in a car accident, you need to prove four elements in case, which make up a lawsuit based on “negligence”:
- The person responsible owed you a duty;
- They breached that duty;
- The breach caused your injuries; and
- You have injuries a court can compensate.
For a car accident, the duty would generally be a duty to drive reasonably and avoid causing an accident. When someone drunk or high gets behind the wheel, they clearly violate that duty to drive safely.
Especially since there are laws in Pennsylvania that criminalize driving under the influence, drunk and drugged driving clearly constitute a breach of duty. Since PA’s DUI laws are designed to protect other drivers, and the drunk driver violated those rules, this can be used to show “negligence per se.” This makes it easier for your lawyer to prove the duty and breach elements for your case.
Pennsylvania’s DUI laws make it a crime for people to drive in many situations. First, most people know the “legal limit” to be .08% blood alcohol concentration (BAC), and driving with more alcohol in your system than this limit is illegal. PA’s laws even have extra punishments for BACs over .10% and over .16%, as well as punishments for drug DUIs. What many people do not know is that a driver can still be charged with DUI if they are unable to drive safely because of alcohol, even if their BAC is under .08%. Causing an accident would likely count as being “unsafe” to drive.
If the driver who caused your accident and your injuries is arrested and convicted for DUI, that might help your personal injury case. Always report an accident involving injury to the police, especially if you suspect the other driver to be intoxicated. Their criminal case does not block you from suing them for injuries.
Compensation for Drunk Driving Victims
If the police charge the other driver with a DUI crime, you might get some compensation for your injuries through the criminal justice system. As part of their case, the driver who harmed you might be required to pay you restitution for your injuries. There might also be local funds for DUI victims.
In addition, the other driver’s insurance and your own insurance might help pay for injuries. Any injuries in a car accident should be covered by the at-fault driver’s insurance, including DUI accident injuries. Your own insurance might also be able to cover some of the injuries if you have limited tort car insurance.
If the driver who harmed you in the DUI accident was served at a bar or restaurant, you might be able to seek compensation from the bar or restaurant that overserved the driver. In Pennsylvania, there is a type of lawsuit authorized under the Dram Shop Act – named after a “dram,” a small serving of alcohol. This law makes it illegal to serve alcohol to a minor or a “visibly intoxicated person.” This law can put the bar, restaurant, or other liquor-licensed shop at risk of losing their liquor license, but it can also lead to civil liability.
This means that when you sue the driver for injury, you might be able to also sue the establishment that served them alcohol and recover compensation from them as well. To understand which compensation options are available to you, talk to an attorney about your case.
Philadelphia Car Accident Injury Attorneys
The lawyers at Reiff and Bily fight to help injured Pennsylvanians get the compensation they need for medical bills, lost wages, and pain and suffering. If you or a loved one was the victim of a DUI accident, talk to a lawyer about your potential options for compensation. For strategic representation and a free, confidential consultation on your DUI injury case, call (215) 274-0072 today.