Most of us realize how much of a problem drunk driving in the United States is when driving around Allentown or any other city in Pennsylvania on a Friday or Saturday night.
Each year, driving under the influence of alcohol kills an estimated more than 11,000 people in the United States, which is a third of all traffic deaths in our country. Despite continuous efforts from lawmakers and health advocates alike to discourage drivers from getting behind the wheel while after drinking alcohol, car accidents involving alcohol-related driving behaviors have been on the rise lately.
With an Allentown drunk driver accident attorney by our side, you can ensure that you are getting fairly compensated for the selfish and reckless acts of DUI offenders. Here at The Law Offices of Greg Prosmushkin, P.C., our lawyers have handled hundreds of car accident cases involving drunk driving, and many of these cases involved repeat offenders.
It is a known fact that motor vehicle accidents involving drunk drivers are often caused by repeat offenders, especially in the 21-25 age group.
Liable parties for a drunk driving car accident
Although it might seem that seeking compensation for your damages and losses caused by a drunk driver is relatively easy – after all, the other motorist was clearly intoxicated at the scene of the car crash – do not be mistaken. Establishing fault may actually feel like an uphill battle, largely because you are still required to prove that the other motorist was negligent or failed to obey traffic rules.
An experienced drunk driver accident attorney in Allentown has to constantly remind our first-time clients that they still have to prove the drunk driver’s fault regardless of how obvious that driver’s fault might be. Also, do keep in mind that the drunk motorist who caused the crash may not be the only party that can be held liable.
The liability to pay for your damages and losses may be split between several parties, including but not limited to:
- The driver, if he or she had a blood alcohol content (BAC)of .08 or higher
- The host of the party where the driver consumed alcohol, if the host allowed him or her to drive
- Bars, nightclubs, restaurants, hotels, and other establishments that serve alcohol, if the establishment continued serving alcohol to the driver who was clearly intoxicated (the so-called Dram Shop Law)
How to determine liability for a drunk driver accident?
Many people in Pennsylvania believe that they are eligible to recover damages only if the other motorist was charged with driving under the influence of alcohol (DUI). This is a huge misconception, because you may be entitled to financial compensation even if the other driver is not facing a DUI or DWI charge.
“You may be able to recover damages from the drunk driver through his or her insurance company, while your compensation should cover your medical bills, loss of income, pain and suffering, and other economic and non-economic damages,” says our Allentown drunk driver accident attorney.
Do keep in mind that determining liability in a car accident involving a drunk motorist requires proof that the other party was intoxicated under Pennsylvania’s legal standards. This means that the other motorist must have a blood alcohol content (BAC) of .08 or higher to be deemed negligent and be held responsible for your resulting damages and losses.
Contact our skilled car accident lawyers at The Law Offices of Greg Prosmushkin, P.C., to discuss your particular case. Let our attorneys help you prove that the other motorist should not have been allowed to drive in the first place due to his or her impairment. Call at 215-543-7220 to schedule a free case evaluation.