Drunk driving remains a leading cause of death for traffic-related incidents. Yet, every year, thousands of drivers will get behind the wheel, intoxicated, ruining the lives of others. In Erie, drunk driving results in roughly 1,000 arrests each year. If you or a loved one were involved in an accident with an intoxicated driver, call the Erie drunk driving accident lawyers of Munley Law.
Can I File a Personal Injury Lawsuit Against a Drunk Driver in Erie?
Suppose you were injured in a car accident involving a drunk driver. In that case, you can file a personal injury claim to recover compensation for your property damage and injuries.
Under Pennsylvania law, a drunk driver can be charged twice for driving under the influence– in a civil and a criminal case.
In most cases, police will arrest the drunk driver, and then an investigation occurs. Though a criminal case doesn’t help the drunk driving victim, it does create necessary evidence that can be used in the civil claim.
For example, should the arresting officer suspect the driver is intoxicated, they will note it in the police report. Then, there will be a sobriety test, which will confirm if the driver was drinking, and a blood alcohol concentration (BAC) test, so long as too much time hasn’t passed when conducted. This and witness testimony can be used for your civil claim in a personal injury lawsuit.
Regardless of there being a criminal case, you still only have two years from the date of the accident to file a personal injury claim against the drunk driver, so hiring an Erie DUI lawyer is critical.
What Are the Legal Consequences of a Drunk Driving Accident in Erie?
Erie, PA, takes drunk driving seriously. Drunk drivers can face serious legal repercussions for intoxicated driving, which only become more severe as the number of offenses rises. The National Highway Traffic Safety Administration suggests that one-third of all drunk drivers are repeat offenders.
First, it is essential to know Pennsylvania’s legal limit for blood alcohol concentration. Act 24 lowered the legal limit from .10 to .08. Further, it established three tiers for drunk driving offenses. They are:
- General Impairment penalties (Undetermined BAC, .08 to .099% BAC)
- High BAC penalties (.10 to .159% BAC)
- Highest BAC penalties (.16% and higher) or Controlled Substance
General Impairment
For drunk drivers with an undetermined BAC or a BAC of .08 to .099, the following penalties exist depending on the number of prior offenses.
- No prior offenses: Charged with an ungraded misdemeanor and up to 6 months probation and a $300 fine; must attend alcohol highway safety school and treatment when ordered
- One prior DUI offense: Charged with an ungraded misdemeanor and a 12-month license suspension along with five days to 6 months jail time and a $300 to $2,500 fine; must attend alcohol highway safety school and treatment when ordered; must have an ignition interlock for one year
- Two or more prior DUI offenses: Charged with a second-degree misdemeanor and a 12-month license suspension as well as ten days to 2 years prison and a $500 to $5,000 fine; must attend treatment when ordered and have an ignition interlock for one year
High BAC
For drunk drivers with a BAC of .10 to .159, the following penalties are applicable based on several prior offenses.
- No prior DUI offenses: Charged with an ungraded misdemeanor and 12-month license suspension with 48 hours to 6 months prison and a $500 to $5,000 fine; must attend alcohol highway safety school and treatment when ordered.
- One prior DUI offense: Charged with an ungraded misdemeanor and a 12-month suspension with 30 days to 6 months prison and a $750 to $5,000 fine; must attend alcohol highway safety school and treatment when ordered; must have an ignition interlock for one year
- Two or more prior DUI offenses: Charged with a 1st-degree misdemeanor and an 18-month license suspension with 90 days to 5 years prison and a $1,500 to $10,000 fine; must attend treatment when ordered and have an ignition interlock for one year
- Three or more prior DUI offenses: Charged with a 1st-degree misdemeanor and 18-month license suspension with 1 to 5 years prison time and $1,500 to $10,000 fine; must attend treatment when ordered and have an ignition interlock for one year
Highest BAC
For drunk drivers with the highest BAC readings of .16% and higher or under the influence of controlled substances, the following penalties exist based on several prior offenses.
- No prior DUI offenses: Charged with an ungraded misdemeanor and a 12-month license suspension with 72 hours to 6 months prison and $1,000 to $5,000 fine; must attend alcohol highway safety school and treatment when ordered
- One prior DUI offense: Charged with a 1st-degree misdemeanor and an 18-month license suspension with 90 days to 5 years prison and $1,500 to $10,00 fine; must attend alcohol highway safety school and treatment when ordered and have an ignition interlock for one year.
- Two or more prior DUI offenses: Charged with a 1st-degree misdemeanor and an 18-month license suspension with 1 to 5 years prison time and a $2,500 to $10,000 fine; must attend treatment when ordered and have an ignition interlock for one year
Again, victims of drunk driving accidents need to remember that the criminal charges for drunk driving will not yield their compensation. Still, it can be helpful when filing a personal injury claim. The drunk driving car accident lawyers from Munley Law can help you determine the course of action appropriate for your case.
What Should You Do if Involved in an Erie Drunk Driving Accident?
No one plans to be the victim of a drunk driving accident. But if you or a loved one find yourself in such a position, here is what you should do.
- Remain calm, get to safety, and call 911. Maybe you heard the sound of metal-on-metal before you realized what was happening. Or, you saw the driver coming at you without anywhere to go. In the moments that follow a drunk driving accident, it is imperative to you and your passengers that you remain calm and get to safety. If someone in the car is badly injured, check on them first and then call 911. From there, assess the situation. Is the vehicle safe? Can you move to a safer location? If the car is safe to remain in, turn on your hazard lights to ensure other road users can see you. If the car still moves, try to get off the road.
- Remain at the scene: Wait to leave the accident scene until medical professionals and police have arrived. You should always be checked out by EMTs and allow police to take your statements and gather your contact information. Leaving the scene may impact your ability to seek compensation in the future.
- Get police report: The police report will highlight if the at-fault party was intoxicated and also hold important contact information for other people at the scene. This can be used in your personal injury case.
- Collect evidence: If you are not severely injured, collect evidence from the scene, such as photos of the wreck, documentation of property damage, and video footage, if available. Also, get witness testimony and contact information if you can.
- Continue to get medical care: Even if you think you are fine, get a medical evaluation to ensure all injuries are documented and treatment accounted for. This ensures that the medical bills accumulated due to the accident will be totaled into your compensation.
- Do not express guilt or fault: You may feel sorry for the drunk driver but never express guilt or blame for the accident. This unfortunate event was not your fault, even if the drunk driver suffered severe injuries.
- Get the drunk drivers’ information: Even just the drunk driver’s name and license will be helpful to accident victims. A license plate can be essential in a hit-and-run accident.
Though you never have to, you should also call a personal injury lawyer following your DUI case. We can start your claim while you focus on recovery.
Do I Need an Erie Drunk Driving Accident Lawyer?
Yes, you need an Erie drunk driving accident lawyer after getting into a car accident with a drunk driver. At Munley Law, our Erie car accident lawyers help accident victims navigate the legal process to ensure their rights are protected, and the compensation they need to move forward is secured.
We do this by:
- Collecting evidence
- Handling communications with the insurance company
- Representing you in negotiations or court
- Serving as your advocate
We know that being in a drunk driving accident can be overwhelming and leave you badly injured with mounting medical expenses. This is why we stand by you from day one to protect your best interests so you can focus on your health.
What Compensation Could I Recover Following a Drunk Driving Accident?
Following a drunk driving accident, you may be entitled to the following forms of compensation:
- Lost wages
- Lost future wages
- Diminished earning capacity
- Property damage
- Pain and suffering
- Punitive damages
- Loss of consortium
- Wrongful death
The compensation you receive will ultimately depend on the severity of your injuries and the amount of property damage you sustain. Further, Pennsylvania utilizes the comparative negligence rule, which means your portion of compensation is directly altered based on your level of fault. So, if it turns out that you were ten percent responsible for the wreck, your compensation will be adjusted as such.
Contact Our Erie Drunk Driving Accident Attorney Today
If you or a family member were injured in a drunk driving accident, call the Erie drunk driving lawyers of Munley Law. During a complimentary consultation, we will assess your DUI car accident injury, discuss potential compensation, and develop a legal strategy suited to your claim.
Getting an experienced car accident lawyer in Erie to help with your claim is imperative. Drunk driving accident victims need Munley Law. Call us today for a no-obligation, free consultation, or connect online.
