A Philadelphia woman who was seriously injured when she was ejected from a vehicle in a crash has filed a lawsuit against the driver. She is also suing a Bethlehem bar and a Bethlehem hookah lounge for allegedly serving the man alcohol.
The team at The Law Offices of Greg Prosmushkin, P.C. wants to take a moment and review what is known about this developing story. Alcohol-impaired crashes can cause serious injuries. If you need a Philadelphia DUI accident attorney, we are here to help you secure the compensation you deserve.
What is going on in this case?
A lawsuit has been filed by Kelsey Gibson, 30, of Philadelphia alleging that Alfredo Gene Delgado of North Whitehall Township, was visibly intoxicated prior to a crash that happened on Sept. 19, 2019. On that day, Gibson was riding with Delgado when he crashed his 2018 McLaren 720S into the back of a box truck on Route 22 in Lehigh County. Gibson suffered from broken ribs, a punctured lung, deep cuts on her head and body, severe road rash on her face and body, lacerations to the liver and kidney, a broken nose, and a massive leg wound.
In the lawsuit, it is alleged that Delgado had been drinking at two establishments on Sept. 18 and Sept. 19 prior to the crash. It says that he was visibly intoxicated and “exhibited dangerous behavior” and “presented a high risk of harm to others” when staff continued to serve him alcohol. The suit claims that neither business should have continued to serve him or allow him to drive.
Delgado was not injured in the crash and has not been charged with any crimes as of this writing.
Can you sue restaurants and bars?
Yes, you can file a lawsuit against restaurants and bars in these cases. Under Pennsylvania’s dram shop law, any business or individual who knowingly serves or sells alcohol to a person who is visibly intoxicated can be held responsible for any damage that person causes.
This can be difficult to prove, and you may wonder how you can tell if someone is visibly intoxicated. While it may seem obvious to most people, it is not as if a bartender should administer a breathalyzer to every patron. However, they should be on the lookout for the following:
- Red or bloodshot eyes
- Slurred speech
- Difficulty walking
- Rapid consumption of multiple drinks
Are you ready to take your case forward?
If you or someone you care about has been injured in an accident that was caused by a drunk driver, you need to secure legal assistance as soon as possible. At The Law Offices of Greg Prosmushkin, P.C., we are going to investigate your case and work to secure the compensation you need. This can include:
- Coverage of your medical bills
- Compensation for lost income if you cannot work
- Mental anguish damages
- Loss of enjoyment of life damages
- Possible punitive damages against the driver or those who served him alcohol