DUI Accident Lawyer in Pennsylvania
Under 75 PA Cons Stat § 3802, it is illegal for any person to drive in Pennsylvania when he or she has consumed an amount of alcohol that renders him or her incapable of safely driving or he or she has an alcohol concentration of 0.08 or higher. Violators will be charged with a DUI and can face criminal penalties that include possible fines and imprisonment.
If a DUI offender causes a traffic accident, he or she could also face potential civil liability. A civil action against a drunk driver is separate from his or her criminal case, but a criminal conviction may be used to prove negligence in the civil case.
Did you sustain severe injuries or was your loved one killed in a car accident caused by a drunk driver in Pennsylvania? You will want to contact Need an Injury Lawyer Pennsylvania as soon as possible. Our firm represents clients in Allentown, Scranton, Northampton, Hazleton, Philadelphia, Bethlehem, Harrisburg, Pittsburgh, Altoona, York, Wilkes-Barre, Erie, Chester, Williamsport, Lancaster, Easton, Northampton, Reading, Lebanon, and many other nearby areas.
Dram Shop Laws in Pennsylvania
Drunk drivers themselves may not be the only liable parties for DUI accidents. In certain cases, an establishment that over-served or illegally served the drunk driver could also be liable under Pennsylvania’s “dram shop” law.
A dram shop law refers to the 18th Century England shops that sold alcohol by the dram, or roughly a teaspoon. 47 P.S. Liquor § 4-493 makes it illegal for a licensee to serve alcohol to an obviously intoxicated person or a minor.
While proving that alcohol was served to a minor is not as difficult as proving that a person was obviously intoxicated, an experienced attorney may be able to obtain evidence such as bar tabs that can be used to indicate how intoxicated an offender was. It is important to note that a dram shop claim in Pennsylvania will also require a plaintiff to prove that the alcohol served to the obviously intoxicated person or minor directly caused the victim’s injuries, generally meaning that establishments may not be liable if drunk drivers consumed alcohol at multiple locations before the accidents.
Social Host Liability in Pennsylvania
Similar to dram shop laws, social host liability allows people who host private functions to also be held liable for damages stemming from accidents caused by drunk drivers. Unlike the dram shop law, social hosts cannot be held liable for serving alcohol to visibly intoxicated guests.
A social host can only be held liable in Pennsylvania if he or she knowingly furnished alcohol to a minor and that minor’s intoxication directly caused a victim’s injuries. The phrase “knowingly furnished” does not mean that a social host had to physically serve the alcohol to the minor, only that he or she knowingly planned the function at which the minor was present and did not prohibit his or her consumption of alcohol.
Find a DUI Accident Attorney in Pennsylvania
If you suffered catastrophic injuries or your loved one was killed in a drunk driving crash in Pennsylvania, it is in your best interest to quickly retain legal counsel. Need an Injury Lawyer Pennsylvania helps clients in communities all over York County, Allegheny County, Berks County, Delaware County, Bucks County, Lancaster County, Philadelphia County, Chester County, and Montgomery County.
Our firm is available 24/7 to schedule a free consultation so you can have our experienced personal injury attorneys provide a complete evaluation of your case.