Being hit by a drunk driver can turn your life upside down in a single moment. The pain, fear, and anger are real, especially knowing this crash could have been avoided. Maybe it happened on Carson Street after the bars closed or on I-376 when someone crossed the center line.
Beyond the injuries, there’s the frustration of facing someone else’s reckless choice. Drunk driving crashes are not ordinary accidents. If you are facing this situation, Pribanic & Pribanic’s drunk driving accident lawyers in Pittsburgh, Pennsylvania, can guide you and fight to make the responsible driver answer for what happened.
Key Takeaways: Protecting Your Rights After a Drunk Driving Crash
- Seek immediate medical care even if injuries seem minor, as some symptoms appear hours or days after the crash.
- Document everything you can at the scene, including the other driver’s behavior, slurred speech, or alcohol odor.
- Let law enforcement conduct sobriety testing and never confront the drunk driver yourself about their impairment.
- Contact a drunk driving accident attorney before speaking with any insurance company about your claim.
- Criminal DUI charges against the driver proceed separately from your civil injury claim, and both processes hold them accountable.
- Pennsylvania allows punitive damages in drunk driving cases, which can significantly increase your compensation beyond medical bills and lost income.
- Call a Pennsylvania car accident lawyer immediately to preserve evidence and protect your legal rights while you focus on recovery.
Getting Medical Treatment After a Drunk Driving Accident
Your health matters most. Seek an ambulance or go to an emergency room right away, even if the pain feels minor. Adrenaline can hide serious injuries. Pittsburgh hospitals like UPMC Presbyterian and Allegheny General see crash victims daily and document injuries, creating records that link directly to the accident.
Some injuries, like concussions or internal bleeding, may appear later. Follow up with your doctor, as consistent treatment helps protect your case.
Emergency room staff are trained to recognize collision-related injuries that might not be immediately obvious. They perform thorough examinations, order diagnostic tests, and create detailed records. These medical records become vital evidence connecting your injuries to the drunk driving crash.
Even if you feel okay initially, get checked out. Internal injuries, concussions, and soft tissue damage often don’t cause immediate pain. By the time symptoms appear, hours or days may have passed, giving insurance companies an opportunity to question whether the accident caused your injuries.
Continue all recommended treatment without gaps. Missing appointments or stopping therapy early gives insurers ammunition to argue your injuries weren’t serious. Follow your doctor’s advice completely, even when you start feeling better. Many injuries require extended treatment to heal properly.
Why Law Enforcement Involvement Matters in DUI Crashes
Police trained in DUI detection can spot impaired drivers through signs like bloodshot eyes, slurred speech, the smell of alcohol, and poor coordination. Field sobriety, breath, and blood tests provide proof.
Pennsylvania State Police and local departments in areas like Penn Hills or Ross Township document everything, creating evidence for your injury claim. Don’t try to judge the other driver yourself. Focus on staying safe and getting medical care.
Officers document critical details that strengthen drunk driving cases. They note the driver’s appearance, behavior, and statements at the scene. They record failed field sobriety tests. They measure blood alcohol content through breath or blood tests. All this evidence proves impairment at the time of your crash.
Police reports also describe the accident scene, vehicle damage, road conditions, and witness statements. These reports provide objective documentation that insurance companies cannot easily dispute. The officer’s professional observations carry significant weight in negotiations and courtrooms.
When police arrest a driver for DUI, they follow specific procedures to preserve evidence. They secure the vehicle, collect blood samples, and document everything carefully. This thorough investigation creates a strong foundation for your civil claim.
Understanding Criminal DUI Proceedings in Pennsylvania
The driver who hit you may face DUI charges under Pennsylvania’s strict laws. First-time offenders risk fines, license suspension, and jail, while repeat offenders face harsher penalties. Cases proceed in courts like the Allegheny County Court of Common Pleas or local district courts, separate from your injury claim.
A DUI conviction, though, can help your civil case by showing the driver was impaired. We use these convictions to support your claim and pursue your deserved compensation.
Pennsylvania imposes severe criminal penalties on drunk drivers. First offenders face mandatory minimum sentences, substantial fines, license suspension, alcohol treatment programs, and possible jail time. Repeat offenders receive even harsher punishment, including extended prison sentences and longer license revocations.
The criminal case proceeds independently of your injury claim. Different courts handle criminal prosecutions and civil lawsuits. You don’t control the criminal case, but you can monitor its progress. Criminal convictions create powerful evidence for your civil claim because they establish the driver’s impairment through a court judgment.
District attorneys prosecute DUI cases, not accident victims. However, prosecutors often consult with victims about injuries and case impacts. Stay informed about the criminal proceedings through the district attorney’s victim services office.
How Drunk Driving Cases Differ from Other Car Accident Claims
Drunk driving shows more than simple carelessness. It demonstrates willful disregard for human safety. Pennsylvania law recognizes this distinction. Courts can award punitive damages in drunk driving cases to punish the offender and deter others from similar conduct.
Punitive damages go beyond compensating you for medical bills and lost income. They punish the drunk driver for their outrageous behavior. Not every case qualifies for punitive damages, but drunk driving crashes often do.
Pennsylvania law allows punitive damages when defendants act with reckless indifference to others’ rights. Drunk driving clearly meets this standard. The driver knew drinking impairs judgment and reaction time, yet chose to drive anyway. This conscious disregard for public safety justifies punishment beyond simple compensation.
Punitive damages serve multiple purposes. They punish wrongdoers for egregious conduct. They deter the defendant and others from similar behavior. They send a message that society will not tolerate drunk driving. Juries take drunk driving seriously and often award substantial punitive damages when evidence shows clear impairment.
Insurance companies fight harder against drunk driving claims because the stakes are higher. They know juries get angry when they hear about impaired drivers hurting innocent people. That’s why you need a car accident attorney who knows how to handle these emotionally charged cases.
Our attorneys present drunk driving cases effectively to juries. We emphasize the driver’s conscious choice to drink and drive. We highlight the preventable nature of the crash. We demonstrate how the driver’s selfishness devastated your life. This approach maximizes compensation by showing juries the full extent of the driver’s wrongdoing.
Dealing with Insurance Companies After a DUI Crash
After a drunk driving crash, the other driver’s insurance company will contact you quickly. They aim to settle fast and low before you know the full impact of your injuries. Even friendly-sounding questions can hurt your claim.
Don’t give recorded statements without a lawyer. Your insurance, including underinsured or uninsured coverage, may help, but companies look for reasons to deny claims.
Insurance adjusters use sophisticated tactics to minimize drunk driving claims. They might express sympathy while asking questions designed to undermine your case. They request unnecessary documentation to delay your claim. They dispute the extent of your injuries or argue pre-existing conditions caused your problems.
Adjusters often make early settlement offers that sound substantial but fall far short of covering your actual damages. They know most accident victims have no experience valuing claims. They exploit this knowledge gap to close cases cheaply.
Never discuss your case with insurance companies before consulting an attorney. Anything you say can be used against you later. Even innocent statements about feeling okay or being able to do certain activities can damage your claim. Let your lawyer handle all insurance communications from the beginning.
Your own insurance company might provide coverage through uninsured or underinsured motorist policies. However, they still aim to minimize what they pay. They might question the severity of your injuries or dispute liability. Having an attorney protects you from unfair treatment by any insurance company, including your own.
Gathering Evidence That Strengthens Your Drunk Driving Claim
Strong evidence builds a strong case. Beyond the police report, surveillance from businesses in areas like Shadyside or Oakland may capture the crash, and bar receipts can show how much the driver drank. Witnesses who saw erratic driving or slurred speech, including passengers, provide crucial testimony. Acting quickly is essential because security footage disappears and memories fade.
Multiple types of evidence strengthen drunk driving claims. Police reports document arrests, sobriety tests, and blood alcohol results. Medical records connect injuries to the crash. Witness statements describe the driver’s impaired behavior, and surveillance footage can show the collision itself. Bar receipts, credit card records, and cell phone data may reveal drinking or distracted driving.
Experts further support your claim. Accident reconstruction specialists show how speed and reaction time caused the crash. Medical experts explain injuries and long-term effects. Economic experts calculate total damages, including future costs and lost earning capacity. Social media posts by the driver sometimes demonstrate reckless behavior, boosting punitive damage claims.
Our investigators act fast, sending preservation letters to businesses, interviewing witnesses, and documenting the scene while evidence remains. This approach ensures every piece of proof is preserved to strengthen your case.
Time Limits for Filing Drunk Driving Injury Claims
In Pennsylvania, you have two years from the crash to file a lawsuit, but building a strong case takes time. Waiting allows evidence to fade, witnesses to move, and medical records to become harder to obtain. Insurance companies are more likely to challenge delayed claims.
Contacting our drunk driving accident attorney soon after your crash helps preserve evidence, avoid mistakes, and put you in the best position to recover the compensation you deserve. Early involvement gives us time to investigate the scene, secure surveillance footage, and interview witnesses before details are lost.
Medical treatment can continue for months or years. We cannot accurately value your claim until we understand the full extent of your injuries and their long-term impact. Starting early allows us to track your treatment, assess your prognosis, and build a thorough case before negotiating with insurers.
Working with an attorney from the start also prevents costly errors. You avoid giving statements that can harm your claim or posting content on social media that insurers can use against you. Acting quickly ensures your case is strong and your rights are protected.
Pribanic & Pribanic Fights for Drunk Driving Crash Victims
Drunk drivers make choices with lasting consequences. At Pribanic & Pribanic, personal injury lawyer in Pittsburgh, Pennsylvania, we help crash victims across Pittsburgh and western Pennsylvania seek justice.
We pursue fair settlements and, if needed, take cases to trial to hold drivers accountable. You didn’t choose to be a victim, but you can decide how to respond. Contact our office at (412) 672-5444 or complete our online form. Our car accident lawyers will guide you through your options and fight for the compensation you deserve.
FAQs About Drunk Driving Accident Claims in Pennsylvania
Will the drunk driver go to jail for hitting me?
Criminal penalties depend on the prosecutor and court handling the DUI case. You don’t control criminal proceedings, but a DUI conviction strengthens your civil injury claim significantly.
Can I recover compensation if the drunk driver has no insurance?
Your own uninsured motorist coverage may provide compensation. Additionally, Pennsylvania’s dram shop laws might allow claims against bars or social hosts who served the drunk driver. A drunk driving accident lawyer identifies all available compensation sources.
How much is my drunk driving accident claim worth?
Every case differs based on injury severity, treatment costs, lost income, and other factors. Drunk driving cases often qualify for punitive damages beyond standard compensation, potentially increasing your recovery substantially.
What if the drunk driver claims I was also at fault?
Let your car accident attorney handle these accusations. Insurance companies often try to shift blame to reduce payouts.
Should I accept the insurance company’s first settlement offer?
Never accept settlements without consulting a lawyer first. Initial offers are typically far below what your case is worth. Insurance companies hope you’ll settle quickly before understanding your claim’s value.