St. Patrick’s Day Drunk Driving in Pennsylvania and What Accident Victims Should Do After a DUI Crash

Of all the different types of car accidents in Pennsylvania, drunk driving car accidents are among the worst. Holidays such as St. Patrick’s Day carry with them certain traditions that tend to result in many people overindulging in alcohol. When those same revelers get behind the wheel of a vehicle, their St. Patty’s Day fun can turn into a nightmare for an unsuspecting motorist. 

After a drunk driving accident takes place, it is normal to have questions about how to proceed. With a damaged vehicle, physical pain, and other losses to sort through, the last thing any person wants to do is to speak to an insurance company or consider filing a lawsuit. 

Pennsylvania Laws Related to Drunk Driving

Start with the following: In Pennsylvania, it is illegal to operate a vehicle when the driver’s blood-alcohol content is above the legal limit of .08%. When a driver is suspected of DUI, it is not only a potential civil matter if that driver causes a car accident. Rather, a DUI is a criminal matter.

While criminal cases involving DUI do not involve the direct payment of damages from the drunk driver to their accident victim, there are options for the injury victim to pursue. However, a person injured by a drunk driver must be aware of their options. Having a plan related to moving forward after a DUI car accident ensures the victim the best possible opportunity to collect damages. 

What is the difference between a criminal and a civil legal matter?

Driving under the Influence of alcohol is a crime for which a person may be arrested and charged. The State of Pennsylvania handles criminal matters in an effort to punish offenders and seek justice for victims. Punishment for drunk driving tends to be fairly severe, with penalties often including jail time, the suspension of a driver’s license, and monetary fines. Many times, a driver will be required to attend substance abuse treatment, as well. 

While the penalties associated with a drunk driving conviction attempt to punish an offender, they do not make an accident victim whole. The stress, anxiety, physical injury, and financial losses associated with a DUI car accident can be significant. 

A civil lawsuit must be filed separately from a criminal court case in order for an accident victim to have their injuries and other losses assessed. In the event that the at-fault driver is not convicted of a DUI-related crime, then there is still the possibility of collecting damages in a civil case. 

Keep in mind that the burden of proof is a “preponderance of the evidence” in a civil case as opposed to “beyond a reasonable doubt” in a criminal case. In other words, it is generally easier to prove negligence than it is to prove that a person committed a crime. 

How is Fault Assessed in a Pennsylvania DUI-Related Car Accident Case?

The state of Pennsylvania attempts to take into consideration the relative fault of all drivers involved in a car accident. This acknowledges the reality that there are sometimes contributing factors in play in a car accident- even one involving a drunk driver. 

The drunk driving accident hinges on the percentage of fault assigned to the accident victim and the drunk driver. As long as the accident victim is determined to be less than 51% at fault for having caused the accident, he or she is able to recover damages in a civil lawsuit. With that said, the overall recovery of damages in the lawsuit would be reduced by the percentage of fault assigned to that driver. 

Let’s consider an example to better illustrate this point. If in a drunk driving lawsuit, an injury victim is found to be 20% at-fault for having caused the accident, then their recovery in the lawsuit would be reduced by 20%. Therefore, a recovery of damages totaling $100,000 would become $80,000- reflecting their relative fault in having caused the accident. It is a judge or jury who ultimately determines the fault distribution in a car accident case. 

What Damages May Be Recovered In A DUI Car Accident Case?

Economic damages include those that relate to tangible, easily measured losses that stem from a DUI car accident. Medical expenses and lost wages are the most frequently argued for economic damages that injury victims frequently submit to judges and juries for consideration in a DUI car accident case. 

On the other hand, noneconomic damages include intangible, more difficult to quantify losses suffered in a DUI car accident. Pain and suffering, loss of consortium (marital intimacy), and emotional distress are examples of noneconomic damages that may be suffered in a car accident case. Being intentional about how these claims are argued makes a tremendous difference in increasing the likelihood of recovery. 

What Should Accident Victims Do After a St. Patrick’s Day DUI Car Accident?

While the immediate safety of the persons involved in the DUI car accident is the top priority, there are steps that injury victims should take as soon as possible:

• Contact 9-1-1 to report the accident. It is especially important for law enforcement to document the accident scene, take statements from witnesses, and determine if any driver involved was operating their vehicle under the influence. 
• Consider receiving medical treatment. Even if not suffering from pain, it is wise to seek medical care. Many soft tissue and even more significant injuries may not reveal themselves in terms of pain for hours or even days after an accident. 
• Document the scene of the accident as best as possible. This includes speaking to witnesses and taking down their contact information. 

Speak With An Experienced Philadelphia DUI Car Accident Attorney For A Free Case Review

Of these steps to take after a DUI car accident, one of the most critical is contacting a Philadelphia DUI car accident attorney. Anthony C. Gagliano, III, Esquire, P.C., offers free case reviews and fights for the rights of injury victims.