Drunk driving is a reckless choice that can leave innocent people with devastating injuries and lasting consequences.
Our Pittsburgh drunk driving accident attorneys at Ogg, Murphy & Perkosky, P.C., are committed to holding negligent drivers accountable and helping you pursue the compensation you deserve. Contact us today for a free case evaluation, you pay no attorney fees unless we recover compensation for you.
A drunk driving accident is both a criminal matter and a civil matter, but they are separate legal proceedings.
Criminal charges are brought by the government and may result in penalties such as fines, license suspension, or jail time. A personal injury claim, on the other hand, allows an injured person to seek financial compensation for losses resulting from the accident.
Even if criminal charges are reduced, dismissed, or still pending, you may still have the right to pursue a civil claim. The outcome of one case does not necessarily determine the outcome of the other.
In many cases, the impaired driver is the primary party responsible for the collision. However, depending on the circumstances, other individuals or businesses may also share liability.
A driver who operates a vehicle while impaired by alcohol and causes an accident may be held responsible for the resulting injuries and damages.
Pennsylvania’s dram shop law may allow a licensed establishment to be held liable under certain circumstances if it served alcohol to a visibly intoxicated person who later caused a crash.
Depending on how the accident occurred, additional parties may also share responsibility, such as employers, vehicle owners, or others whose actions contributed to the collision.
Determining liability depends on the specific facts of each case and may require reviewing evidence from multiple sources.
Pennsylvania prohibits operating a motor vehicle while under the influence of alcohol or with a prohibited blood alcohol concentration under 75 Pa. C.S. § 3802, the state’s driving under the influence (DUI) statute.
Evidence that a driver was arrested for DUI, convicted, or found to have an unlawful blood alcohol concentration may become relevant in a personal injury claim. However, civil liability depends on the facts and evidence presented in the case, not solely on whether a criminal conviction occurred.
Pennsylvania law may also affect insurance issues following a drunk driving accident. For example, under 75 Pa. C.S. § 1705(d), certain exceptions to the state’s limited tort election may apply when the at-fault driver is convicted of or accepts Accelerated Rehabilitative Disposition (ARD) for DUI, potentially allowing an injured person to pursue pain and suffering damages despite having limited tort coverage.
Because every case is different, speaking with a reliable legal counsel and understanding how these laws may apply to your situation is an important part of evaluating your claim.
If another driver’s impairment caused your injuries, you may be able to pursue compensation for the financial and personal impact of the accident.
Depending on the circumstances, compensation may include:
In some cases, additional damages may also be available under Pennsylvania law depending on the facts of the case.
Drunk driving accident claims often involve evidence from both the collision itself and the related criminal investigation. Understanding how these pieces fit together can be an important part of building a civil claim.
We handle drunk driving accident cases on a contingency fee basis. You pay no attorney fees unless we recover compensation for you.
Our firm represents individuals injured in a variety of alcohol-related crashes, including:
Building a drunk driving accident claim may involve evidence from both the accident investigation and the related DUI case.
Evidence may include:
Not every case will involve every type of evidence, but beginning an investigation early may help preserve important information.
Early action also provides an opportunity to begin documenting your injuries and other losses while the details of the accident are still fresh.
Being injured by an impaired driver can leave you with questions about both the criminal case and your own civil claim.
Understanding how these processes relate to one another is an important part of protecting your legal rights.
Since 1981, Ogg, Murphy & Perkosky, P.C., has represented injury victims throughout Pittsburgh and Western Pennsylvania. We work closely with our clients, explain each stage of the legal process, and pursue compensation while they focus on recovery.
We handle drunk driving accident claims on a contingency fee basis. There are no upfront attorney fees, and you owe nothing unless we recover compensation for you.
Not necessarily. A DUI conviction may be important evidence, but civil claims are decided under different legal standards than criminal cases.
Pennsylvania follows a modified comparative negligence rule. Depending on the circumstances, you may still recover compensation if you were less than 51% responsible for the accident, although any recovery may be reduced based on your percentage of fault.
Yes. A civil claim and a criminal DUI case are separate legal matters. Depending on the circumstances, your personal injury claim may move forward while the criminal case is ongoing.
Possibly. Pennsylvania’s dram shop law may allow certain claims against licensed establishments that served alcohol to a visibly intoxicated person who later caused an accident. Whether the law applies depends on the facts of the case.
In some situations, Pennsylvania law may permit punitive damages when the facts support that type of recovery. Whether punitive damages are available depends on the circumstances of the case.
Pennsylvania generally requires personal injury lawsuits to be filed within two years of the accident, although certain circumstances may affect the applicable deadline.
We handle drunk driving accident claims on a contingency fee basis. There are no upfront attorney fees, and you owe nothing unless we recover compensation for you.
Driving under the influence is a reckless decision that can leave innocent people with life-changing injuries. If you were hurt because someone chose to drive impaired, our attorneys can help you pursue compensation for your medical expenses, lost wages, pain and suffering, and other losses.
At Ogg, Murphy & Perkosky, P.C., we’re here to answer your questions, protect your rights, and fight for the compensation you deserve.
Contact us today at (412) 471-8500 for a free case evaluation.
