Alcohol Related Car Accidents
1 American Dies Every 20 Minutes in Alcohol Related Car Accidents
Every 20 minutes there is a death in the United States that is the result of an alcohol related car accident, by some estimates. If those numbers are correct that means that 3 people die every hour. 72 people die every day. 504 die people every week. 26,208 die people every year.
26,208 people who died too soon and could’ve continued working their jobs, loving their families and living their lives. Their loss is immeasurable and so too is the loss of their loved ones who number many more than 26,208.
For every person who dies, there are relatives, friends, and coworkers whose lives will never be the same.
Are you one of those relatives, friends, or coworkers?Did you lose someone whom you loved or respected in a drunk driving accident? What steps did you take after the crash to help with your own recovery? Please leave a comment and let others facing this unimaginable situation know your story. It may give them the information and support that they need when they need it the most.
According to the U.S. Department of Transportation, there are three main types of driving distractions including visual distractions, manual distractions and cognitive distractions. Texting while driving distracts drivers in all three of these ways and is, thus, among the most dangerous types of distracted driving activities.
If I Have Limited Tort and a Drunk Driver Hits Me Can I Sue?
There is an exception in PA limited tort law that allows a person covered by limited tort option car insurance to recover full tort damages in certain circumstances. Specifically, the injured party may recover damages for pain and suffering, as well as other damages, if the driver responsible for the accident was convicted of or accepted responsibility for Accelerated Rehabilitative Disposition (ARD) for driving under the influence of alcohol or a controlled substance.
It is not enough that the person was arrested for drunk driving or even that the person was found to have a blood alcohol content above the legal limit of 0.08%. Instead the law requires that the either driver accept responsibility or be convicted.
If you know someone with limited tort coverage in PA who was hurt by a drunk driver, please share this page with that person so that he or she can understand his or her potential recovery.
Hit by a Drunk Driver, What are My Rights in PA?
You may have rights to recovery if you have been hit and injured by a drunk driver in Pennsylvania.
It is against the law to drive with a blood alcohol content (BAC) of 0.08 or higher. A driver who injures a passenger, another motorist, a bicyclist, a motorcyclist, a trucker or a pedestrian in a Pennsylvania drunk driving accident may be liable for damages.
However, in order for you to recover damages you must understand your rights and how to exercise them. You have the right to contact a Pennsylvania auto accident attorney to discuss filing a case against the alleged drunk driver who hurt you. You have the right to seek a settlement from the driver who caused your injuries or that driver’s insurance company. You have the right to bring a case to trial and to convince a judge or jury that you are entitled to compensation for your outstanding medical expenses, lost income, out of pocket expenses and pain and suffering.
If you know someone who has been hurt in Pennsylvania DUI crash then please share this page with that person so that he can understand his rights under Pennsylvania law.
Can You Sue for Full Tort, When Hit by Drunk Driver?
Generally, Pennsylvania limited tort law prevents limited tort policyholders from recovering damages for car accident related pain and suffering unless their accident falls into one of the limited tort exceptions provided for in the law.
One of the limited tort exceptions allows a person with limited tort coverage to recover full tort damages if the drunk driver was convicted of or accepted Accelerated Rehabilitative Disposition (ARD) for driving under the influence of alcohol or a controlled substance in the accident.
It is not enough that the injured party believes the other driver to be drunk or even that the other driver was arrested for drunk driving. Instead, the law clearly states that the other driver must be convicted or accept ARD for DUI in order for someone with limited tort coverage to sue for full tort.
An experienced limited tort lawyer can help advise an injured party of his or her rights pursuant to PA limited tort law. If you know someone in this situation, please share this page with that person so that he or she can make an informed decision about how to proceed with a car accident case.
Can I Sue for Death Caused by Auto Accident of Intoxicated Person
If you’ve lost a loved one in a Pennsylvania drunk driving accident then you are likely suffering an unimaginable loss. Your thoughts rightfully turn to what happens next – how can you begin to recover from your loved one’s death?
For many families, their recovery includes filing awrongful death lawsuit. Pennsylvania law generally requires that one lawsuit be filed on behalf of the decedent’s estate. For the first six months after your loved one’s death, the right to file the lawsuit rests with the executor or administrator of your loved one’s estate. If after six months the executor or administrator of the estate has not filed a lawsuit, then the case may be brought by anyone who has a legal claim to damages. (See PA Code Chapter 2200).
Whether you have a legal claim to damages depends on all of the facts of the case including, but not limited to, the decedent’s family relationships, financial support or dependency, and age.
If you know the spouse, significant other, parent, child or sibling of someone who was killed by aPennsylvania drunk driver, then we encourage you to share this page with that person so that he or she can gain a better understanding of whether a wrongful death case is possible.
Are Bars Liable for Drunk Drivers in PA?
The Pennsylvania dram shop law a bar that serves alcohol to an individual may be potentially liable for any damages that result under certain circumstances. For example, a bar may be sued pursuant to the dram shop law if:
- Alcohol was served to a minor;
- Alcohol was served to a visibly intoxicated person;
- Alcohol was served after hours; or
- Alcohol was served without a valid liquor license;
And someone was hurt by the intoxicated person’s actions.
Thus, if you have been hurt in a drunk driving car accident in Pennsylvania, or if you have lost a loved one in a drunk driving crash, then it is important to speak with your Pennsylvania auto accident lawyer about whether the bar may be a potential defendant in your case.
Have you been the plaintiff in a PA drunk driving case? Have you sued a bar, restaurant or other establishment pursuant to the dram shop law? Please leave us a comment and let others know whether you found the dram shop law useful in your family’s recovery.
Hit by a Drunk Driver
Drunk drivers often cause serious car accidents. In 2009, there were 12,712 alcohol related car accidentsin Pennsylvania, according to the Pennsylvania Department of Transportation. 449 people died in those crashes and 9,536 people were injured. Some of these car crashes led to criminal prosecutions. However, even in those cases when the government pursues a criminal case against a drunk driver for violating the law, the victim may not recover damages for pain and suffering.
In order to recover damages for pain and suffering after a Pennsylvania drunk driving case, the victim must often pursue a civil case. In a civil personal injury case, the victim of a drunk driving crash may be able to recover medical expenses, rehabilitation costs, lost income, out of pocket expenses and damages for pain and suffering.
Pennsylvania car accident lawyers understand that pain and suffering can be significant after a drunk driving crash and are committed to helping the victims of wrecks get the recoveries that they deserve. If you know someone who has been hurt by a drunk driver and has a question about a potential pain and suffering recovery, please share this page with that person.