If an accident involving a drunk driver left you or a loved one with serious injuries or other losses, a Wilkes-Barre drunk driving accident lawyer can help you to pursue compensation. While we can’t undo the pain and suffering you’ve endured, our more than 250 years of combined legal experience means we can fight for justice on your behalf.
Since 1959, we’ve defended the rights of accident and other personal injury victims, helping them recover more than $1 billion in compensation, including a $17.5 million settlement for the families of teenagers killed in a drunk driving accident. Our lawyers are rated highly by Martindale-Hubbell, Irish Legal 100, and Lawdragon, and have received awards or been named to prestigious lists by Best Lawyers, Super Lawyers, and the National Trial Lawyers, so you can entrust your case to us with confidence.
Contact Munley Law’s Wilkes-Barre car accident lawyers to schedule a free consultation. We’re available 24 hours a day, all week. You’ll only pay a fee if we win your case, as we work on a contingency basis.
Call Us At 844-686-5397 What Are the Legal Consequences of a Drunk Driving Accident in Wilkes-Barre?
Drunk driving is an illegal action in all 50 states, but the specific consequences of a DUI vary from state to state. For instance, some states require a DUI recipient to receive a minimum license suspension of an entire year, while others have lower suspension requirements or do not require a suspension at all. Minimum jail time for drunk drivers also varies from state to state.
But one thing that does not change is the danger every drunk driver causes, both to themselves and to all other drivers on the road.
The U.S. Centers for Disease Control and Prevention (CDC) reports that in the U.S., 32 people die every day from car accidents that involve drunk driving. That’s one wrongful death every 45 minutes. In tragic cases, families may pursue wrongful death claims from a drunk driving accident in Wilkes-Barre.
According to the Pennsylvania Department of Transportation (DOT), there were 7,745 accidents involving drunk driving, with 244 fatalities in 2024. In Pennsylvania, the laws regarding drunk drivers are fairly lax in comparison to some other states. If you have no prior DUI offenses, there is no minimum jail time and no requirement for a license suspension. The fine for driving drunk with no prior offenses is just $300.
What Are the Impacts of Wilkes-Barre Drunk Driving Accidents?
Whether the crash occurred in Pennsylvania or elsewhere, you know how vast the impact is. You may have medical expenses and lost wages to think about, or you may have serious injuries that change the way you live from day to day. An accident like this can alter someone’s life forever. Victims often suffer catastrophic injuries, including traumatic brain injuries, from drunk driving accidents.
Working with an experienced personal injury lawyer in Wilkes-Barre gives you the best possible chance of securing fair compensation for all you’ve been through. You may be entitled to pursue compensation for your injuries and other losses, and our Wilkes-Barre drunk driving accident attorneys are ready to help you fight for both. Contact us today for a free initial consultation.
Types of Car Accidents Caused by Drunk Driving in Wilkes-Barre
In the United States, drunk driving is defined as operating a vehicle with a BAC (blood alcohol concentration) of 0.08% or greater. However, it’s possible to cause an accident with a BAC below this legal limit. Even with a lower BAC, a driver may still be impaired by alcohol, causing their reaction times to slow and their judgment to weaken, all of which makes them a danger on the road. In fact, in Pennsylvania, it’s still possible to be convicted of a DUI with a BAC below the legal limit.
Any auto accident can be a drunk driving accident. Some of the accidents most likely to occur if a driver is under the influence are:
- Rear-end accidents: A rear-end accident occurs when the front of one vehicle collides with the rear of another. It’s common for a drunk driver to rear-end someone in front of them, given that alcohol slows reaction time, and they may not step on the brakes fast enough to prevent a collision.
- Motorcycle accidents: Any time a motorcyclist crashes with a motor vehicle, the motorcyclist is far more likely than the driver to be seriously injured. These odds only increase when the driver is intoxicated.
- Head-on collisions: As the name implies, a head-on collision occurs when the fronts of two vehicles collide. This may occur if an intoxicated driver has trouble staying alert and swerves into oncoming traffic.
- Wrong-way wrecks: A drunk driver is far more likely than a sober driver to turn onto a street or enter a freeway going the wrong direction.
Can a Wilkes-Barre Drunk Driving Accident Attorney Help With a DUI Civil Case?
If you get into a drunk driving accident in Wilkes-Barre and are injured, you have the right to sue for compensation with the help of a drunk driving accident attorney. But remember, there are two types of DUI cases: criminal and civil.
Generally, civil cases involve disputes between people or entities, whereas criminal cases involve violations of the law. For instance, a slip-and-fall case would be a civil case; one person alleges that another’s negligence caused them to fall and be injured. Alternatively, something like a robbery or a violent crime would be tried as a criminal case; in these cases, a violation of the law occurred or is alleged to have occurred.
Can a Drunk Driving Accident Case Be a Criminal and a Civil Case?
A case regarding a car crash caused by a drunk driver can be both a civil and criminal case. Driving drunk is a violation of the law in every state in the U.S., which means it is a criminal offense. The criminal aspect of this case would be the state taking legal action against the drunk driver for breaking the law.
However, a DUI case can also be a civil case if the victim wants to file a lawsuit against the negligent driver. In cases involving a criminal offense, the state will generally proceed with legal action regardless of the circumstances. It’s up to car accident victims to decide for themselves whether they want to file a civil suit.
Filing a civil suit after a motor vehicle accident often is the best or only way for the victim to receive the compensation they need and deserve. Even if both parties are insured, the damage may be so extensive in a serious accident that insurance coverage isn’t enough. This is often true in distracted driving accidents, where negligent conduct can significantly increase the severity of a collision. In Pennsylvania, you can pursue compensation for:
- Economic Damages: Such as medical bills, emergency transportation, rehabilitation, and ongoing or future medical treatment or care
- Non-Economic Damages: Some examples of these damages include psychological trauma, pain and suffering, loss of consortium, or loss of enjoyment of life
- Punitive Damages: These damages are intended as punishment for the person responsible for the crash and will only be awarded if the judge believes the at-fault party’s conduct was outrageous or showed reckless disregard for the rights and safety of others.
How Do I Choose a Wilkes-Barre Drunk Driving Accident Lawyer Near Me?
The aftermath of any car accident can be an incredibly painful and overwhelming time. You may be physically recovering from injuries. You may be facing a mountain of medical bills. You may be experiencing some emotional aftermath, in the form of anxiety, PTSD, or depression, all of which are common among people who have survived a car accident.
In the midst of all of this, the prospect of selecting a lawyer can certainly feel stressful. However, it is important to ensure you have the best chance of securing justice and compensation. What’s more, knowing what to ask and what to look for in a car accident lawyer can streamline the process and get you connected with the right person more easily.
Before deciding to work with a lawyer, ask them questions such as:
- Does your firm have experience representing drunk-driving crash victims?
- Does your law firm have experience negotiating and litigating fatal car crashes?
- Do you have the time and resources to represent my personal injury case?
- How do I pay you for your legal representation?
- Do your peers and clients respect you?
- Do you have a successful track record with these kinds of cases?
- If I decide to work with you, will I be able to contact you easily and frequently?
- How much say will I have in the decision-making around my case?
All of these questions are important to have answered before you decide to begin a relationship with an attorney. These cases can be complex, and you want to ensure your attorney has specific and extensive experience in this field.
At Munley Law, we offer a free initial case evaluation before moving forward; what’s more, you never pay us a dime unless you win. Don’t hesitate to reach out at any time. We are ready and waiting to take your call.
What is Pennsylvania’s Statute of Limitations for Drunk Driving Accident Cases?
It’s in your best interest to file a drunk driving accident case or wrongful death claim as soon as you can after the accident. Under 42 Pa. C.S.A. § 5524(2), most personal injury and wrongful death lawsuits arising from drunk driving accidents must be filed within two years of the crash. Some exceptions may apply. For example, under 42 Pa. C.S.A. § 5533(b), the filing deadline for injured minors is generally tolled until they reach age 18.
If you wait too long, there’s the risk of evidence fading or disappearing, witnesses’ contact details changing, or memories becoming less reliable, or the deadline for filing a claim being missed. If you miss the deadline, you will not be able to pursue compensation.
“Since 1959, we have secured over $1 billion in compensation for our clients. When someone is seriously injured, they’re up against insurance companies with unlimited resources. My job is to level that playing field, and fight until they get the justice they deserve.”
Daniel W. Munley
What Can a DUI Accident Lawyer in Wilkes-Barre, PA Do For My Case?
One of the best ways victims can set themselves up for success after drunk driving car accidents is to hire an experienced attorney. The process of seeking compensation can be complicated, but with an experienced personal injury attorney, you can rest assured that your case is in good hands. Some of how an attorney can assist you with your case include:
Deal With the Insurance Company: It’s common for insurance adjusters to contact car accident victims, especially soon after the collision. Often, an insurance adjuster may pressure you into making a recorded statement, admitting fault, or agreeing to a settlement on the spot. It’s never wise to do any of these without legal counsel. Your car accident lawyer can manage all contact with the insurance company so you’re not pressured or coerced into agreeing to anything.
Gather Evidence in Wilkes-Barre: You’ll likely need much evidence to prove the other driver was at fault and that you deserve compensation. Your lawyer can take the lead on gathering all necessary evidence, including police crash reports, DUI arrest records, BAC testing results, field sobriety test records (when available), witness statements, surveillance or dash camera footage, and other evidence that helps establish liability and damages. All of this helps to strengthen your case.
Properly Value Your Case: When you file a civil suit, you ask the defendant for a specific amount of compensation based on the details of your case. An experienced attorney will know how to properly and accurately value your case, working to identify all recoverable damages supported by the evidence. They’ll evaluate both your current losses and the long-term financial impact of your injuries. We at Munley Law know that the injuries caused by motor vehicle accidents are often more profound than just broken bones — they impact the victim’s emotional and mental well-being as well, and this is deserving of compensation. They’ll also look into the future and account for possible costs of the accident that haven’t even been presented yet. For instance, will the victim need long-term care due to their injuries? Your lawyer will take all of this into account.
Negotiate a Settlement: In an ideal case, the defendant would agree to the first settlement number the plaintiff proposes. However, it’s very common for the defendant and their legal team to counter with an offer of their own. If you haven’t dealt with motor vehicle accident cases before, knowing what a fair offer can be difficult. Your car injury lawyer in Wilkes-Barre will help you evaluate settlement offers and negotiate for fair compensation.
Defend You in Court If Needed: Most car collision cases can reach a settlement agreement without trial. However, going to trial is always possible, and you want to ensure your lawyer has not just settlement negotiation experience but real trial experience. At Munley Law, all of our personal injury lawyers in Wilkes-Barre have both and can defend and protect you in court if necessary.
Why Experience Matters in Drunk Driving Accident Cases
Drunk driving collisions often involve evidence that is not available in other car accident claims. Police crash reports, DUI arrest records, field sobriety test results, blood alcohol concentration (BAC) testing, dash camera footage, and witness statements can all help establish how the crash occurred and strengthen a civil claim for damages. Our legal team works quickly to preserve this evidence before it becomes more difficult to obtain.
We also coordinate our investigation alongside any criminal DUI proceedings. Although a criminal conviction is separate from a personal injury lawsuit, evidence gathered during the criminal investigation may help support your civil case. Our attorneys review every available source of evidence, consult with accident reconstruction experts when appropriate, and build a case focused on recovering the compensation our clients need after a serious drunk driving collision.
Every case is different. Whether your injuries resulted from a rear-end collision, a wrong-way crash, or another alcohol-related accident, we will explain your legal options, communicate with insurers on your behalf, and prepare your case for settlement negotiations or trial if necessary.
Frequently Asked Questions about Drunk Driving Accident Cases in Wilkes-Barre
What Should I Do After Being Injured by a Drunk Driver in Wilkes-Barre?
After being injured by a drunk driver in Wilkes-Barre, you should prioritize your health and safety. Seek medical attention immediately (even if you aren’t visibly injured), call the police, and obtain a copy of the accident report. If possible, collect evidence such as photos, witness details, and insurance information. Finally, contact Munley Law’s Wilkes-Barre drunk driving accident lawyers as soon as possible.
Can I File a Civil Lawsuit Even if the Drunk Driver is Facing Criminal Charges?
Yes, you can file a civil lawsuit if the drunk driver is facing criminal charges. A drunk driving accident can involve criminal and civil proceedings. The criminal case is handled by the state and focuses on punishing the intoxicated driver for breaking the law. A civil case allows you to pursue financial compensation for your injuries, medical bills, lost income, property damage, and pain and suffering. These cases can proceed simultaneously, and the outcome of one does not affect the other.
What Compensation Can I Receive in a Wilkes-Barre Drunk Driving Accident Claim?
The compensation you may be eligible to receive in a Wilkes-Barre drunk driving accident claim includes:
- Economic damages such as medical expenses, rehabilitation, emergency transportation, and lost wages
- Non-economic damages for pain, suffering, trauma, and reduced quality of life
- Punitive damages in cases where the driver’s conduct was reckless or showed blatant disregard for others’ safety
Your drunk driving accident lawyer will take all relevant circumstances and information into account when calculating your compensation.
How Can a Wilkes-Barre Drunk Driving Accident Lawyer Help Strengthen My Case?
A Wilkes-Barre drunk driving accident lawyer can help strengthen your case in various ways, from gathering evidence to negotiating with insurers. They will investigate the accident, secure witness statements and police reports, review the at-fault driver’s history, and work with experts to establish liability. A lawyer will also calculate the full value of your claim, accounting for present and future losses, and negotiate aggressively for a fair settlement. If a settlement cannot be reached, they will be prepared to take your case to trial.
How Long Do I Have to File a Drunk Driving Accident Lawsuit in Pennsylvania?
You generally have two years from the date of the accident to file a drunk driving accident lawsuit in Pennsylvania, whether it’s a personal injury claim or a wrongful death action. Missing this deadline means you will lose your right to pursue compensation. As memories can weaken and evidence can fade over time, we strongly recommend contacting a Wilkes-Barre drunk driving accident lawyer at Munley Law as soon as possible to begin building your case.
Schedule a Free Consultation With a Wilkes-Barre Drunk Driving Accident Lawyer
If you were involved in a car accident with a drunk driver or any other reckless driver in the Wilkes-Barre area, the car accident lawyers at Munley Law are ready to help. We understand how difficult a time it is for you, and we’re ready to fight for your rights. Schedule a free consultation with our Wilkes-Barre office today. There is no fee until we win your case.
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 August 3, 2026.
