What to Know About Being Injured in an Accident with a Drunk Driver in PA

If you have sustained injuries in an auto accident with a drunk driver, you are likely eligible to recover compensation for your damages. To learn the steps you can take to increase your chances of filing a successful claim, plus, the time period you will have to file your claim, continue reading. If you require assistance with your upcoming claim, do not hesitate to contact our team of car accident attorneys serving Pennsylvania.

Who is liable for a drunk driving accident?

When a driver gets behind the wheel after they have been drinking, they should be held responsible for any damages they cause. However, the driver may not be the only one who is held responsible in these circumstances. Victims of drunk driving accidents may also be able to hold a bar or establishment responsible for overserving the driver who caused their accident. Victims may be able to hold the establishment responsible in the following cases:

  • The restaurant continued to serve a patron who was visibly intoxicated.
  • The restaurant served someone under the legal drinking age of 21.

How can I fulfill the burden of proof after an accident with a drunk driver?

To fulfill the burden of proof after being injured in an accident with a drunk driver, it is important that you take the following steps:

  1. Call 911. The police will send an ambulance to the scene to treat any injuries. They will also require the driver to submit to chemical testing (eg. a breathalyzer test). This will significantly support your personal injury claim.
  2. If there were any witnesses to your accident, collect their contact information including their name, phone number, and email address.
  3. Photograph the scene of the accident, including any damage to the vehicles or any property involved.
  4. Photograph your injuries.
  5. As soon as the ambulance arrived, seek immediate medical treatment.
  6. Collect all medical documentation relating to your injuries.
  7. Retain the services of an experienced Montgomery County, PA personal injury attorney.

What is the statute of limitations for personal injury claims in Pennsylvania?

The statute of limitations for personal injury claims is generally two years. This means that you will have two years from the date of your accident to file your claim against the negligent driver responsible for your damages. Failure to file your claim within this timeframe may result in you being permanently time-barred from taking legal action. To avoid this, give our Montgomery County, PA personal injury attorney a call today to begin this process.


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.

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