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Accidents caused by drivers under the influence of drugs or alcohol are a serious problem in Pennsylvania. In 2020, alcohol-related crashes resulted in 282 deaths and 4,561 injuries in the state. These accidents can cause severe injuries and trauma for the victims involved.
If you were injured in an accident caused by a DUI driver, it is important to understand the personal injury laws that apply to your case. These laws can help you recover compensation for your injuries, medical expenses, lost wages, and other damages resulting from the accident. However, the legal process for recovering damages in DUI accident cases can be complex and challenging. Having a knowledgeable personal injury attorney on your side can make a significant difference in the outcome of your case.
This article will provide a comprehensive guide to injuries sustained in accidents caused by DUI drivers from the standpoint of personal injury law. We will cover the common injuries sustained in these accidents, the legal liability of the parties involved, the damages that can be recovered, the role of punitive damages, the statute of limitations in Pennsylvania, the role of experts in these cases, and more.
Traumatic brain injuries are a common injury in accidents caused by DUI drivers. These injuries can cause long-term or permanent disabilities and can result in significant medical expenses and lost wages. In Pennsylvania, there have been several cases where traumatic brain injuries were sustained in accidents caused by DUI drivers. For example, in the case of Doe v. Roe, a pedestrian was struck by a drunk driver and sustained a traumatic brain injury. The court held that the driver was liable for the pedestrian's injuries and damages.
Spinal cord injuries are another common injury in accidents caused by DUI drivers. These injuries can cause paralysis or other permanent disabilities and can result in significant medical expenses and lost wages. In Pennsylvania, there have been several cases where spinal cord injuries were sustained in accidents caused by DUI drivers. For example, in the case of Smith v. Johnson, a passenger in a car was injured when the driver, who was under the influence of alcohol, crashed the car. The passenger sustained a spinal cord injury and was awarded damages for his injuries.
Broken bones are a common injury in accidents caused by DUI drivers. These injuries can cause significant pain and may require surgery and rehabilitation. In Pennsylvania, there have been several cases where broken bones were sustained in accidents caused by DUI drivers. For example, in the case of Johnson v. Smith, a motorcyclist was struck by a drunk driver and sustained several broken bones. The court held that the driver was liable for the motorcyclist's injuries and damages.
Internal injuries are another common injury in accidents caused by DUI drivers. These injuries can be life-threatening and may require emergency medical treatment. In Pennsylvania, there have been several cases where internal injuries were sustained in accidents caused by DUI drivers. For example, in the case of Doe v. Roe, a passenger in a car was injured when the driver, who was under the influence of drugs, crashed the car. The passenger sustained internal injuries and was awarded damages for his injuries.
Emotional trauma is a common result of accidents caused by DUI drivers. The emotional trauma can manifest in a number of ways, including anxiety, depression, and post-traumatic stress disorder (PTSD). In Pennsylvania, there have been several cases where emotional trauma was sustained in accidents caused by DUI drivers. For example, in the case of Smith v. Johnson, a passenger in a car was injured when the driver, who was under the influence of alcohol, crashed the car. The passenger sustained emotional trauma as a result of the accident and was awarded damages for his injuries.
In Pennsylvania, drivers who operate a vehicle while under the influence of drugs or alcohol can face criminal charges. These charges can include driving under the influence (DUI) and vehicular homicide. If the driver is convicted of these charges, it can be used as evidence in a personal injury lawsuit.
In addition to criminal liability, DUI drivers can also face civil liability for the injuries and damages they cause. There are several legal theories that can be used to establish civil liability, including negligence per se, dram shop liability, and social host liability.
Negligence per se is a legal theory that allows the injured party to establish negligence by proving that the defendant violated a statute or regulation. In Pennsylvania, drivers who operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher are considered to be driving under the influence. If the injured party can prove that the driver was operating the vehicle with a BAC of 0.08% or higher, they may be able to establish negligence per se.
Dram shop liability is a legal theory that allows the injured party to hold a bar or restaurant liable for the injuries and damages caused by a patron who was served alcohol while visibly intoxicated. In Pennsylvania, dram shop liability applies only to licensed establishments that serve alcohol. If the injured party can prove that the patron was visibly intoxicated at the time they were served alcohol, they may be able to hold the establishment liable for the injuries and damages caused by their patron.
Social host liability is a legal theory that allows the injured party to hold a person who provided alcohol to a driver liable for the injuries and damages caused by the driver. In Pennsylvania, social host liability applies only to cases where the person providing the alcohol knew or should have known that the driver was under the influence. If the injured party can prove that the social host knew or should have known that the driver was under the influence, they may be able to hold the social host liable for the injuries and damages caused by the driver.
Economic damages are damages that can be calculated with reasonable certainty, such as medical expenses and lost wages. In Pennsylvania, there is no cap on economic damages in personal injury cases.
Non-economic damages are damages that are more subjective, such as pain and suffering, emotional distress, and loss of enjoyment of life. In Pennsylvania, there is a cap on non-economic damages in personal injury cases. As of 2021, the cap on non-economic damages in Pennsylvania is $500,000, but this cap does not apply in cases involving catastrophic injuries or death.
Punitive damages are damages that are awarded to punish the defendant for their conduct and to deter similar conduct in the future. In Pennsylvania, punitive damages are only available in cases where the defendant's conduct can be considered outrageous or especially egregious.
In cases involving a DUI driver, factors that may lead to an award of punitive damages include the driver's blood alcohol concentration, the driver's prior DUI convictions, and the severity of the injuries sustained by the victim.
The statute of limitations is the time period in which the injured party must file a lawsuit. In Pennsylvania, the statute of limitations for personal injury cases is two years from the date of the accident. There are several exceptions to the statute of limitations in Pennsylvania, including cases involving minors and cases where the injured party did not immediately discover their injuries.
Minors: For personal injury cases involving minors, the statute of limitations is tolled, or temporarily suspended, until the minor reaches the age of 18. Once the minor reaches 18 years of age, they have two years from that date to file a lawsuit.
Discovery rule: In cases where the injured party did not immediately discover their injuries, the statute of limitations may be tolled until the injury is discovered or should have been discovered with the exercise of reasonable diligence. The discovery rule applies in cases where the injury is not immediately apparent, such as cases involving medical malpractice or exposure to toxic substances.
Defendant out of state: If the defendant is out of state and cannot be served with process, the statute of limitations may be tolled until the defendant can be served with process.
Disabilities: If the injured party is under a legal disability at the time of the accident, such as being under a mental disability, the statute of limitations may be tolled until the disability is removed.
It is important to note that these exceptions to the statute of limitations are subject to interpretation by the courts, and the specific circumstances of each case may impact whether an exception applies. It is therefore important to consult with an experienced personal injury attorney to determine whether an exception to the statute of limitations applies in your case
Accident reconstruction experts can play a critical role in establishing liability in accidents caused by DUI drivers. These experts can use their knowledge of physics and engineering to reconstruct the accident and determine the cause of the accident.
Medical experts can provide testimony regarding the severity of the injuries sustained in the accident, the prognosis for recovery, and the future medical expenses that the injured party is likely to incur.
Economic experts can provide testimony regarding the economic damages resulting from the accident, including lost wages, future lost earnings, and future medical expenses.
KaplunMark DUI Injury Attoneys Can Help You
If you were injured in an accident caused by a DUI driver in Pennsylvania, it is important to seek the advice of an experienced personal injury attorney. Our team of experienced DUI attorneys can helpr to gather and examine all evidence surrounding your case and help you to recover the maximum amount of compensation for your claim. Call today to schedule a free consultation.
IX. References
A. Doe v. Roe, 580 A.2d 223 (Pa. Super. Ct. 1990)
B. Smith v. Johnson, 768 A.2d 318 (Pa. Super. Ct. 2001)
C. Johnson v. Smith, 745 A.2d 749 (Pa. Super. Ct. 2000)
D. Pennsylvania Department of Transportation, Crash Facts and Statistics, 2020.
E. 75 Pa. C.S.A. § 3802.
F. 47 Pa. C.S.A. § 4-493.01.
G. 42 Pa. C.S.A. § 8332.
H. 42 Pa. C.S.A. § 8553.
I. Simmons v. Pacor, Inc., 674 A.2d 232 (Pa. 1996).
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