At Munley Law, our drunk driving accident lawyers in Scranton see firsthand how one reckless decision can shatter lives in seconds. A driver who chooses to get behind the wheel while intoxicated puts everyone on the road at risk, and when a crash happens, innocent people are left dealing with painful injuries, exorbitant medical bills, lost income, and long-term life changes. These crashes are especially devastating because they are entirely avoidable.
If you’ve been injured by a drunk driver in Scranton or anywhere in Lackawanna County, you may have the right to pursue compensation beyond what’s available in a typical car accident claim. Drunk driving cases often involve criminal charges, higher levels of negligence, and additional sources of liability. Understanding how these factors affect your case is key to recovering the full financial support you need to move forward.
Our award-winning Scranton car accident attorneys know how to build strong, evidence-based claims that hold reckless drivers—and anyone else responsible—fully accountable. We combine deep knowledge of Pennsylvania DUI laws with almost seven decades of experience handling serious injury cases, and we fight for fair compensation so you can focus on healing and rebuilding your life.
Contact Munley Law today to schedule a complimentary consultation to discuss how we can assist you.
Call Us At 844-686-5397 What Should You Do If a Drunk Driver Hits You in Scranton?
If a drunk driver hits you in Scranton, PA, call the police immediately and make sure a police report is filed. This report is important, as it documents the circumstances of the crash and the driver’s suspected impairment, including any blood alcohol concentration (BAC) testing.
Seek medical care as soon as possible, even if your injuries do not initially seem serious, and keep records of all treatment you receive. Preserve as much evidence as you can by taking photographs, gathering witness information, and keeping copies of medical records and other crash-related documents.
Avoid discussing fault or giving detailed statements to the other driver’s insurance company before speaking to a Scranton drunk driving accident lawyer. Keep the criminal case number so you can track the DUI proceedings and obtain relevant information about the case.
DUI Laws and Your Scranton Car Accident Case
Pennsylvania has strict laws against drunk driving, with penalties that increase based on the driver’s level of intoxication. Under 75 Pa.C.S. § 3802, it is illegal to drive while impaired by alcohol or drugs, and violations can significantly strengthen your civil case if you were injured by a drunk driver in Scranton or Lackawanna County. 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. This is known as implied consent law.
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.
DUI laws in Pennsylvania apply not only to alcohol but also to drug impairment, including illegal drugs, prescription medications, and substances that affect safe driving. In many cases, a DUI violation serves as strong evidence of negligence in a civil injury claim and may allow victims to pursue punitive damages in addition to compensation for medical bills, lost wages, and pain and suffering.
Because these laws create clear standards of responsibility, they play a critical role in helping drunk driving accident victims in Scranton hold negligent drivers fully accountable.
How a DUI Conviction Can Help Your Civil Case
A DUI conviction can result in serious criminal penalties, including fines, license suspension, mandatory alcohol education or treatment, ignition interlock requirements, probation, or jail time, depending on the driver’s BAC and prior offenses. A conviction may also provide important evidence in your civil case arising from the same accident.
While the criminal case and personal injury claim are separate proceedings, evidence of the driver’s intoxication and conviction can help demonstrate negligent or reckless conduct and may support a claim for punitive damages in addition to compensation for your medical expenses, lost income, and pain and suffering.
How Do 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.
Can You Recover Pain and Suffering With Limited Tort After a Drunk Driving Crash?
You can recover pain and suffering with limited tort after a drunk driving crash. Although Pennsylvania’s limited tort option generally restricts your ability to recover pain and suffering and other non-economic damages unless you suffer a serious injury, there is an important exception for drunk driving accidents.
Under 75 Pa.C.S. § 1705(d)(1)(i), if you have limited tort, you may recover damages as though you had elected full tort when the at-fault driver is convicted of DUI or accepts Accelerated Rehabilitative Disposition (ARD) for driving under the influence of alcohol or a controlled substance in connection with the accident. In other words, if the drunk driver who caused your Scranton crash is convicted or enters ARD for the DUI arising from the accident, the limited tort restriction cannot prevent you from pursuing compensation for pain and suffering and other non-economic losses.
Suing Bars and Restaurants for a Scranton Car Accident
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. Visible intoxication does not require a server to know or admit that a patron was drunk. Instead, the question is whether the person’s impairment was apparent through observable signs, such as slurred speech, stumbling, loss of balance, aggressive behavior, or glassy or unfocused eyes. The pace and quantity of drinks consumed can also help establish impairment. Our Scranton drunk driving accident lawyers investigate whether these signs were present when the establishment served the driver.
To prove that an establishment served a visibly intoxicated patron, our lawyers may obtain surveillance footage, interview bartenders, servers, and other patrons, and review receipts and point-of-sale records to establish how much alcohol the driver consumed and how quickly. Police reports, BAC test results, and expert testimony may also help establish the driver’s likely level of intoxication when served. In cases involving minors, evidence that the establishment sold or furnished alcohol to someone under 21 can help establish liability.
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.
While the law generally does not hold social hosts liable for injuries caused by adult guests who consume alcohol at private parties, it makes an important exception when an adult knowingly serves alcohol to someone under 21. Under Pennsylvania law, social hosts may face civil liability when providing alcohol to a minor results in intoxication that proximately causes injuries to another person.
If a minor drinks alcohol provided by an adult at a private gathering and subsequently crashes into you, you may have grounds to pursue a claim against that host. We investigate who supplied the alcohol, whether the host knew the guest was underage, and how the minor’s drinking contributed to the crash.
How Much is a Drunk Driving Accident Case Worth in Pennsylvania?
The value of a drunk driving accident claim depends on the severity of a victim’s injuries, the available insurance coverage, and the facts of the specific case.
Compensation may include:
- Medical expenses (current and future)
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress and loss of enjoyment of life
- Property damages
- Punitive damages, which may be awarded in drunk driving cases to punish reckless conduct.
Every case is unique, but DUI injury claims often result in higher settlements or verdicts because of the egregious nature of the driver’s behavior.
It’s also essential that you keep Pennsylvania’s modified comparative negligence rule in mind, as this can affect your pursuit of compensation. Under 42 Pa C.S.A. § 7102, if you are less than 51% responsible for the accident, any compensation you receive will be reduced by your percentage of fault. You cannot claim compensation if you are more than 51% at fault.
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.
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 such as in a Scranton rear-end collision where fault may be disputed, 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.
Common Injuries in Drunk Driving Accidents in Scranton
Because impaired drivers often speed, drift between lanes, or fail to brake, drunk driving crashes tend to be severe. Victims frequently suffer:
- Traumatic brain injuries (TBIs)
- Spinal cord injuries and paralysis
- Internal organ damage
- Broken bones and orthopedic injuries
- Severe lacerations and burns
- Wrongful death in the most tragic cases
These injuries can require extensive medical treatment, rehabilitation, and ongoing care, totaling hundreds of thousands of dollars over time.
Local Drunk Driving Crash Data in Scranton and Lackawanna County
Drunk driving remains one of the leading causes of serious and fatal crashes across Pennsylvania. According to the Pennsylvania Department of Transportation (PennDOT), thousands of alcohol-related crashes occur each year statewide, many resulting in life-altering injuries or fatalities. Northeastern Pennsylvania, including Scranton and Lackawanna County, continues to see alcohol-related collisions that could have been prevented with responsible choices. In 2024, there was a decrease in alcohol-related crashes compared to 2023. However, the numbers were still high:
- 2023: 8,337
- 2024: 7,745
PennDOT also revealed that, even though alcohol-related accidents accounted for around 7% of the total crashes in 2024, they resulted in 22% of all people fatally injured in accidents. These statistics highlight an important truth: drunk driving crashes are not rare, and victims often suffer devastating consequences that require long-term care and financial support.
Frequently Asked Questions About Drunk Driving Accidents in Scranton
How Long Do You Have to File a Drunk Driving Claim in Scranton?
Pennsylvania law 42 Pa. C.S.A. § 5524(2) gives you only two years from the date of your accident to file a drunk driving claim in Scranton. The sooner you contact us, the better we can preserve evidence and build your case.
Can I Sue if the Driver Was Never Convicted?
Yes, you can sue if the driver was never convicted or criminally charged. Criminal cases require proof beyond a reasonable doubt, while civil injury claims require proof by a preponderance of the evidence, meaning it is more likely than not that the driver’s negligence caused your injuries. Police reports, BAC test results, witness statements, and other evidence can help establish liability independently of the criminal proceedings.
What if the Drunk Driver Had No Insurance?
You may still have options for recovering compensation if the drunk driver had no insurance or did not carry enough insurance to cover your losses. Your own auto insurance policy may provide uninsured motorist (UM) or underinsured motorist (UIM) coverage to help pay for your injuries and other damages. You may also be able to pursue claims against other responsible parties, such as a bar or restaurant that unlawfully served the driver. A Scranton drunk driving accident lawyer can review your available coverage and identify other potential sources of compensation.
Can I Sue the Bar if the Driver Was Underage?
Yes, you can sue the bar if the driver was underage. Pennsylvania law prohibits licensed establishments from selling or serving alcohol to anyone under 21, and a business that unlawfully serves a minor who subsequently causes an accident may face civil liability for resulting injuries. Under Pennsylvania law, you may also have grounds to pursue a claim against an adult social host who knowingly provided alcohol to the underage driver. Evidence showing who supplied the alcohol and how the minor got it can help establish responsibility.
Contact a Scranton Drunk Driving Accident Lawyer at Munley Law
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 our experienced attorneys.
Munley Law’s lawyers have been recognized by Best Lawyers, Super Lawyers, Lawdragon, and the Irish Legal 100, and have won numerous awards and accolades from these and other respected organizations. Additionally, all our attorneys are members of the American Association for Justice and the Pennsylvania Bar Association, and all five of our partners have AV Preeminent Ratings from Martindale-Hubbell, which is the highest rating you can receive on the platform.
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.
Daniel W. Munley
Daniel W. Munley is an award-winning auto accident lawyer and advocate for auto accident victims. Widely recognized as a national leader when it comes to truck and rideshare accident cases, Daniel has been rated AV Preeminent by Martindale-Hubbell, alongside being named to Best Lawyers in America since 2013 and in 2020. Daniel has helped recover millions for injured auto accident victims, such as a $17.5 million jury verdict for a teen death caused by a car accident, and another $4.4 million settlement reached for car accident case. As well as this, Daniel has advocated for victims through speaking arrangements such as “Pennsylvania Practice Program: Auto and Trucking Cases.”
Reviewed by Bernadine Munley, Esq., Personal Injury Attorney at Munley Law, on November 12, 2026.
