Pennsylvania – March 23, 2021
After an accident caused by a drunk driver, attorneys in Pennsylvania can fight for a victim’s right to compensation for injuries and property damage loss under the State laws. Drunk driving is the number one cause of U.S. Roadway death, and it is a crime in all 50 states and the District of Columbia. Contacting an experienced attorney shortly after an accident will give them the opportunity to research the case, discuss particulars surrounding the drunk driving infraction and interact with the insurance company regarding claims.
In Pennsylvania, an accident report must be filed with the Pennsylvania Department of Public Safety within five days from the mishap if collisions result in death, injury, or significant property damage. Pennsylvania uses the “modified comparative negligence” rule allowing an individual to recover damages in a personal injury lawsuit, but the amount of compensation will be reduced by an amount that is equal to their percentage of fault, and victims can only seek damages from if they are less than 51 percent at fault. A car accident attorney can explain the laws based on individual cases.
Federal DUI laws are strictly enforced in federal courts, carrying serious charges and penalties. President Clinton signed Federal DUI Laws into existence in 2000 that set a new national standard by changing the blood alcohol content (BAC) legal limit of drivers to 0.08 to save American lives. DUI convictions can be costly driver mistakes because proven violations may increase insurance rates by 71.0%.
Pennsylvania’s Act 24 lowered the legal limit of alcohol from .10 to .08 in 2003 creating a tiered approach to driving under the influence. The combination of a driver’s blood alcohol content (BAC) level, previous offenses, and level of accident damage will impact the penalties, fines, and jail time of a drunk driver. The three levels of DUI in Pennsylvania include:
Accident victims should speak to drunk driving accident attorneys to see how these laws will impact damage recovery.
Accident damage recovery.
Damage compensation awards address economic loss, including lost wages, medical bills, medical care, and treatment, plus household expenses; and non-economic damages, including pain and suffering, loss of consortium, or companionship. An experienced accident attorney will know when punitive damages may be entertained and awarded to punish the individual who caused harm, or injury and loss to the victim. They are contingent upon proving that a defendant deliberately, with reckless disregard, acted in a manner to cause harm to another person, and awarded on a case-by-case basis
Seek legal counsel.
Legal professionals at Scanlon & Wojton Law Firm, will build a case by collecting and reviewing police reports, medical records, insurance policies, criminal DUI reports, and other relevant documents that support damage recovery after a drunk driving accident causes property damage, or physical injury.
Scanlon & Wojton, Attorneys at Law
The Mitchell Building
304 Ross Street, Suite 510
Pittsburgh, Pennsylvania 15219
Phone: (412) 918-1241
Fax: (412) 235-7275