Being injured by a drunk driver is particularly devastating because these crashes are entirely preventable. When someone chooses to drink and drive, they make a selfish decision that puts innocent people at risk. Now you’re dealing with serious injuries, medical bills, and life changes because of another driver’s reckless and negligent actions.
Drunk driving cases are different from other accident cases because the driver broke the law by choosing to drive while intoxicated. This criminal behavior often allows us to pursue additional compensation beyond what’s available in typical accident cases, including damages for things like pain and suffering after a car accident.
If you’ve been injured by a drunk driver in Scranton or Lackawanna County, the experienced Scranton car accident attorneys at Munley Law understand how to handle these complex cases and secure the maximum compensation you deserve for this preventable tragedy.
DUI Laws and Your Car Accident Case
Pennsylvania has strict laws against drunk driving, with penalties that increase based on the driver’s level of intoxication. Understanding these laws helps us build stronger cases for our clients.
In Pennsylvania, drivers are legally intoxicated at 0.08% blood alcohol content (BAC). However, drivers can be charged with DUI at lower levels if their driving shows impairment. Pennsylvania divides DUI into three categories:
- General Impairment (0.08-0.099% BAC)
- High BAC (0.10-0.159% BAC)
- Highest BAC (0.16% and above)
Higher BAC levels result in more severe criminal penalties and often strengthen our arguments for increased compensation in civil cases. Drivers who refuse breath or blood testing face automatic license suspension and are treated as having the highest BAC level for penalty purposes.
These criminal penalties exist because drunk driving is dangerous and illegal. When drunk drivers cause accidents, they should face full responsibility for the harm they cause.
How Criminal and Civil Cases Work Together in a Drunk Driving Accident
When a drunk driver causes an accident, there are typically two separate legal proceedings: a criminal case where the state prosecutes the driver, and a civil case where you seek compensation for your injuries.
The criminal case often produces valuable evidence for your civil case, including police reports, blood alcohol test results, field sobriety test videos, and witness statements. Criminal cases require proof “beyond a reasonable doubt,” while civil cases only require proof “by a preponderance of evidence.” This means Munley Law can win your civil case even if the criminal case doesn’t result in a conviction.
Criminal courts may order the drunk driver to pay restitution, but this typically covers only basic expenses and is much less than full compensation available through civil lawsuits. We carefully coordinate with criminal proceedings to ensure we gather all available evidence while protecting your right to full compensation.
Suing Bars and Restaurants for a Scranton Car Accident (Dram Shop Cases)
Pennsylvania law allows us to pursue compensation not just from drunk drivers, but also from bars, restaurants, and other establishments that served them alcohol when they were already visibly intoxicated.
If a bar or restaurant continues serving alcohol to someone who is obviously drunk, and that person then causes an accident, the establishment can be held responsible for resulting injuries. Our Scranton drunk driving accident lawyers investigate whether the drunk driver showed obvious signs of intoxication that the establishment should have recognized, such as slurred speech, unsteady walking, or other clear indicators.
Bars and restaurants typically carry substantial liability insurance beyond what individual drivers have, potentially providing much more compensation for your injuries. We quickly preserve surveillance footage from establishments, interview servers and bartenders, and gather evidence of over-serving before it disappears.
Social Host Liability
Sometimes, drunk driving accidents involve alcohol served at private parties or social gatherings. Pennsylvania law may allow us to hold social hosts responsible under certain circumstances.
Hosts who provide alcohol to visibly intoxicated guests may bear liability if those guests subsequently cause accidents while driving. Social host liability claims are often covered by homeowner’s insurance policies, providing another source of compensation for your injuries.
We investigate the circumstances of alcohol service at private parties, including who provided alcohol and whether the drunk driver’s intoxication was obvious to hosts.
Why Drunk Driving Cases Are Worth More
Drunk driving cases often result in higher compensation, especially when victims suffer severe harm like a spinal cord injury in Scranton.
Pennsylvania law may allow additional “punitive” damages designed to punish drunk drivers for their dangerous behavior and deter others from drinking and driving. Juries often award higher compensation in drunk driving cases because they recognize the particularly reckless nature of the behavior and want to send a strong message.
Between the drunk driver’s insurance, dram shop liability, and social host coverage, there may be multiple sources of compensation available.
Unlike other accident cases where fault may be disputed, like in a Scranton rear-end collision, drunk driving cases typically involve clear evidence of fault, making it easier to secure fair compensation.
Get a full explanation of how damages and compensation are calculated in a car accident case.
Why Choose Munley Law for Drunk Driving Cases in Scranton
If you were hit by a drunk driver, your choice of lawyer matters. Drunk driving cases require attorneys who understand both criminal law and the complex civil liability issues these cases present. No Scranton car accident law firm is better qualified than Munley Law to handle these high-stakes types of cases.
Learn more about our unique strengths, experience, and credentials that make us the top drunk driving accident lawyers in Scranton.
Don’t Wait to Get Help
Evidence in drunk driving cases can disappear quickly, and Pennsylvania law gives you only two years from the date of your accident to file a lawsuit. The sooner you contact us, the better we can preserve evidence and build your case.
Insurance companies often try to settle drunk driving cases quickly for less than they’re worth, hoping victims don’t understand their full rights. These tactics are common after serious crashes, which is why it helps to know how insurance companies handle accident claims in Scranton before speaking with them. Don’t make important decisions about your case without first consulting with experienced attorneys.
Get the Justice You Deserve
If a drunk driver in Scranton has injured you, you deserve more than just basic compensation. You deserve justice that reflects the serious and illegal nature of drunk driving.
Contact Munley Law today for a free consultation. We’ll review your case, explain all your options, and fight to ensure the drunk driver and anyone else who contributed to your injuries is held fully accountable.
Reviewed by Bernadine Munley, Esq., Personal Injury Attorney at Munley Law, on August 8, 2025.
