Hit by a Drunk Driver in Pennsylvania: Your Rights
Being hit by an impaired driver is frightening, and it raises questions a normal crash doesn't: Does the criminal case help me? Can I get more than my bills? Is the bar that served them responsible? In Pennsylvania, a drunk-driving crash can change your claim in several important ways.
The criminal case and your injury claim are separate
The DUI prosecution is between the driver and the Commonwealth. It can result in fines, license suspension or jail, and the court may order restitution for some out-of-pocket losses — but it does not compensate you for pain, lost earning ability or future care. That comes from a separate civil claim, usually against the driver's insurance. A conviction or guilty plea can be strong evidence in that claim.
DUI can lift the limited tort restriction
If you have limited tort coverage, you normally can't recover pain and suffering unless your injury is serious. One exception applies when the at-fault driver is convicted of DUI or accepts Accelerated Rehabilitative Disposition (ARD) for the crash. Then you may be treated as full tort for that claim. See Limited Tort vs. Full Tort in Pennsylvania.
Punitive damages
Pennsylvania allows punitive damages when conduct shows reckless indifference to the safety of others. Driving while heavily intoxicated can meet that standard, depending on the facts. Punitive damages are meant to punish and are not automatic, and insurance policies may not cover them — so they depend on the driver's own assets.
When a bar or restaurant may be responsible
Pennsylvania's dram shop law allows a claim against a licensed establishment that served alcohol to someone who was visibly intoxicated, when that service contributed to the crash. That matters most when the driver has little insurance. These claims depend on evidence that fades fast — receipts, bar tabs, surveillance video and witnesses who saw how the driver looked and acted. Social hosts generally aren't liable for serving adult guests in Pennsylvania, though different rules apply to serving minors.
What to do
Get the police report and the incident number; note the arresting officer. See How to Get Your Pennsylvania Crash Report.
Write down anything you saw — open containers, slurred speech, where the driver said they'd been.
Keep track of the criminal case dates; you may have the right to be heard as a victim.
If the driver's coverage is low, look at your own uninsured/underinsured coverage — see What If the Other Driver Was Uninsured or Underinsured?
The two-year deadline for injury claims still applies even while a criminal case is pending — see How Long Do You Have to File an Injury Claim?
Talk it through with someone local. If you have questions about your own situation, the attorneys at Joyce, Carmody & Moran can review what happened and explain your options. Request a free consultation.
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