What Happens to Your Personal Injury Claim When the At-Fault Driver Is Charged with DUI in Pennsylvania?

In the blink of an eye, a car accident with an at-fault driver who was under the influence (DUI) can change a person’s life. Operating a vehicle while under the influence of drugs or alcohol places the people around that driver at serious risk. Injuries, vehicle damage, extended time away from work, and medical treatment are all possible consequences of the other driver’s bad decisions. 

Two Different Legal Paths From a Single DUI-Related Accident

In Pennsylvania, a DUI-related accident means that two legal cases will occur when the dust settles. The first is a criminal case that is handled by the district attorney’s office for the county where the accident took place. 

A Philadelphia DUI car accident attorney advocates for clients in other legal matters that can proceed from this DUI accident—namely, a civil lawsuit filed by an injured driver against the at-fault driver.

These two legal cases may occur simultaneously, but they are not directly related to one another. It is critical to understand how to move forward in a DUI-related car accident case so that your rights are maintained and your ability to receive appropriate compensation for your injuries is preserved. 

The Impact of a Criminal DUI Case On a Car Accident Case

Again, a DUI case would be brought against the at-fault driver by a district attorney’s office. Any charges made against him or her would be criminal. Those charges, if he or she is found guilty, carry with them significant penalties including jail time, driver’s license suspension, and monetary fines. 

The evidence collected in a criminal DUI case can also be used in a civil car accident case. Examples of evidence that may be helpful to a car accident injury victim include blood-alcohol test results, police reports, witness statements, and video evidence. Working with an experienced attorney helps collect this evidence and use it in the most advantageous way possible. 

No matter what the outcome is of the criminal case against the at-fault driver, an injury victim may still pursue a civil case in which damages may be sought. It is important to note that, in Pennsylvania, the legal standard for being found guilty of driving under the influence of alcohol is more stringent than the legal standard for a successful car accident case based on the negligence of an at-fault driver. This means the evidence that may not have been sufficient to prove that the at-fault driver broke any laws may be sufficient for the same person to argue that his injuries were caused by the at-fault driver. 

Establishing Fault in a Driver Operating a Vehicle Under the Influence 

When drivers get behind the wheel, they owe one another a duty of care. Operating their vehicles in a manner that is safe to other drivers and pedestrians alike is how we can consider this duty of care. When a driver breaches the duty of care, the possibility of a personal injury lawsuit increases.

What Type of Damages Are Sought in a DUI-Related Car Accident Case?

In a car accident case, Pennsylvania law allows for an injury victim to seek two types of damages. The first are economic damages. Economic damages include medical bills, lost wages, and other items for which there is an immediate dollar value associated with them. For these types of damages, strong record-keeping and organization are needed to provide a judge or jury with sufficient evidence to award you the damages the injured person seeks. 

On the other hand, there are non-economic damages that may also be sought. These are damages that are equally as impactful as economic da

mages but relate to different areas of your life. Examples of non-economic damages include pain and suffering, loss of earning capacity, and diminished quality of life. 

Especially in a car accident case involving an impaired driver, punitive damages may be sought. Punitive damages attempt to take into consideration intentional or reckless behavior exhibited by the at-fault driver. A driver who operated their vehicle under the influence of drugs or alcohol showed a real disregard for the safety of those around them. Therefore, any harm caused by their actions should be viewed under a heightened standard. 

How Do Insurance Companies Play a Role in DUI Car Accident Cases?

Even in a car accident scenario involving an intoxicated at-fault driver, there are still issues that involve car insurance. The insurance company likely will not attempt to dispute that its driver is at fault for the accident. However, insurance companies frequently try to minimize the damages sustained by the injury victim. 

Can a Business Be Held Liable in a DUI Car Accident Case?

Liability for the injuries suffered by an accident victim can also extend beyond the at-fault driver. If the drunk driver had left a bar, restaurant, or other business establishment where alcohol had been served, an experienced Philadelphia DUI car accident attorney can help you seek potential damages from the business, as well. This is especially true if the business served the individual alcohol after it became apparent that he or she was already intoxicated. 

However, to be able to argue a successful case against a business establishment for over-serving an already intoxicated individual, proper planning is necessary. The overall value of an injury victim’s case increases significantly when a business is added as a potential party. To ensure the best opportunity to collect damages from all appropriate parties, an injury victim must be diligent about making decisions about how to move forward in their case. 

Contact Anthony C. Gagliano, III, Esquire, P.C. for a Free Case Review

If you have been injured due to the actions of an intoxicated driver, please contact Anthony C. Gagliano, III, Esquire, today. Our team of legal professionals offers free case reviews.