It is illegal for anyone in the state of Pennsylvania to drink and operate a vehicle. This is because it can cause great harm to not only the driver but other innocent individuals. It is a horrible incident when a person is struck and injured by a drunk driver. Those who are a victim of a drunk driving accident can find themselves struggling not only physically, but emotionally and financially as well. In these situations, victims often seek compensation for help covering these damages due to the incident. If you or someone you know has been the victim of a drunk driving accident, it is important to retain the services of an experienced attorney to help your case.
Holding a Negligent Driver Liable
All drivers are obligated to operate a vehicle to the best of their ability and give the road their undivided attention. In the event that they do not, they can be held liable for negligence. There are different types of driver negligence. This can include texting while driving, speeding, driving while drowsy, driving under the influence of drugs or alcohol, and more. Drunk driving is a serious liability, which is why drivers can be held responsible if they harm someone while doing so.
In order to hold a drunk driver liable for negligence, individuals must contact an experienced attorney who can prove that they were injured due to the behaviors of the driver. This requires the injured party to recover evidence that shows this. Evidence can include any video footage of the incident, medical documentation of the injuries, police reports, witness statements, and more.
Dram Shop Laws
According to Pennsylvania’s Dram Shop Law, establishments and licensed individuals can be held legally responsible for injuries and damages an intoxicated person they served may cause. For example, if a person enters a bar visibly intoxicated, the establishment is required to turn them away and not continue to serve them. This not only includes bars, but liquor stores, restaurants, and even private events. This can apply to the following situations:
- An employee or “agent” of an establishment served alcohol to someone who was “visibly intoxicated”
- The business or host’s decision to serve alcohol to a visibly intoxicated customer directly causing injuries or damages
What is the Statute of Limitations?
When dealing with these situations, it is important to understand the concept of the statute of limitations. This is a deadline under which injured victims are required to meet in order to file a personal injury claim against the negligent party. The statute of limitations for personal injury cases in Pennsylvania is two years from the date of your accident.
Contact our Firm
Friedman Schuman is an experienced and dedicated legal resource for clients throughout Pennsylvania. We proudly serve clients facing a wide range of legal matters. If you require the services of an effective attorney, please contact Friedman Schuman today to schedule a consultation.