Personal Injury Claims Involving Drunk Driving Accidents

Personal Injury Claims Involving Drunk Driving Accidents

Pennsylvania has one of the most complex car insurance laws in the country. It is one of the 12 states that use a no-fault insurance system. However, unlike in other states, that system is optional in Pennsylvania. Every driver can choose to opt out of the no-fault system when they purchase car insurance. If a driver opts out, then they are effectively participating in a fault-based system. These rules are confusing enough, but they’re even more complicated when you are involved in a drunk driving accident. If you think that the Pennsylvania car insurance system creates a headache for drunk driving personal injury lawyers, you would be right. Even so, these lawyers are familiar with Pennsylvania laws and know how to work within the legal system. Drivers who try to navigate this system without the help of an attorney face even bigger roadblocks. If you were injured in a drunk driving accident, a personal injury attorney can help you with your injury claim.

DUI Accident Injury Claims

Typically, if you are involved in a car accident in Pennsylvania and you don’t have the right type of insurance, you either can’t file a personal injury claim against the responsible party or you can file a claim only if you are seriously injured. However, personal injury claims involving drunk driving accidents are a potential exception to the standard limited tort rule. If the driver of a vehicle agrees to an accelerated rehabilitative disposition or is convicted of a DUI, you are treated as having full tort insurance even if you do not. Unfortunately, this means you are at the mercy of the prosecution when hit by a drunk driver. If the prosecutor dismisses the charges or makes a plea deal that doesn’t involve pretrial diversion or a conviction, you are limited by whatever type of insurance you paid for.

If the other driver was drunk and is convicted of a DUI, you can file a lawsuit as if you had full tort insurance — even if you have limited tort car insurance.

This means that you and your personal injury lawyer have a vested interest in any criminal charges made against a drunk driver. If you were injured by a drunk driver, you should contact the prosecutor in charge of that case as early as possible. The extent of your injuries may affect any decisions that the prosecutor’s office makes about charging the drunk driver. The best-case scenario, though, is one where you already have a full tort insurance policy. In this situation, regardless of how seriously you were injured or whether the other driver is convicted of a DUI, you can file a personal injury claim against the other driver. This means that you can get compensation not only for your medical bills and lost wages but also for the pain and suffering you endured from your injuries. If you are seriously injured in a DUI car accident in Pennsylvania, you may be eligible to file a lawsuit against the responsible driver. Contact Wapner Newman at (800) 529-6600 to talk to an experienced drunk driving personal injury lawyer about what to do next.

How Drunk Driving Affects Fault

Even if you are eligible to file a lawsuit against another driver in a Pennsylvania car accident, you will still need to prove the other party was at fault in order to receive compensation. The good news is that drunk driving is considered a reckless act. If you have evidence that the other driver was intoxicated, the judge or jury is very likely to find that they were at fault. To collect this evidence, your lawyer might investigate where the driver was before they got into the car and try to find witnesses who saw them drinking. Furthermore, if the police performed a blood test on the driver after the accident, your attorney can use the results to show that the other driver had an unsafe amount of alcohol in their bloodstream.

Is a Drunk Driver Always at Fault?

While driving drunk is reckless, drunk drivers are sometimes in accidents caused by other drivers. For example, imagine that you run a red light and crash into a car that has the right of way. You discover that the other driver has been drinking. However, this doesn’t mean they are liable; your reckless violation of traffic laws is clearly the cause of the accident. The other driver could still be charged with drunk driving, but that won’t help you get compensation for your injuries. Typically, when a driver is drunk, they are at least partially responsible for any injuries caused by an accident. However, if you also are partially responsible for your injuries, then your lawyer will need to take advantage of the comparative negligence rules in Pennsylvania. According to these rules, if another party is more responsible for your injuries than you are, you can get partial compensation from that party.

What You Can Do to Protect Your DUI Accident Injury Claim

Since your ability to file a lawsuit may be limited by whether the other driver gets convicted of a DUI, you should tell law enforcement that you believe the other driver was intoxicated. The police will then attempt to determine whether the other driver was drunk. The results of any tests will be placed in the accident report and can be used by your lawyer to support your claim. Additionally, you should contact the legal team of a law firm that handles drunk driving accidents as soon as possible. Your lawyer will want to start gathering evidence immediately.

Contact Wapner Newman to Consult With a Pennsylvania Drunk Driving Accident Lawyer

While you should have the advantage when filing a personal injury claim against a drunk driver, that doesn’t mean your lawsuit is a sure thing. The best way to protect your rights after a drunk driving accident is to contact a lawyer right away. Don’t wait to consult with our law firm. Call us at (800) 529-6600 immediately after a drunk driving accident to protect your rights.