Can I Get Compensation If The At-Fault Driver Was Drunk In Pennsylvania?

Getting into a crash is stressful enough, but finding out the other driver was drunk? That adds a whole new layer of anger and confusion. 

You’re left wondering how you’re going to pay for the hospital bills, fix your car, or cover the time you’re missing at work. On top of that, you might be asking yourself if you even have the right to go after compensation. 

The good news? You do.

The law gives victims of drunk driving accidents strong protections. 

In this post, we’ll explain what compensation you can get if the at-fault driver was drunk.

Pennsylvania Drunk Driving Laws

Pennsylvania takes drunk driving seriously. 

The state sets the legal blood alcohol content (BAC) limit at 0.08% for most drivers. Go above that, and it’s considered driving under the influence (DUI). 

For commercial drivers, the limit is even lower at 0.04%, and for drivers under 21, it’s 0.02%. 

Police usually confirm intoxication through breath or blood tests, and those results become a big part of proving fault.

If the driver who hit you was over the limit, that’s solid evidence in your favor. Criminal charges often follow, but here’s the important thing: criminal punishment and your right to compensation are two separate tracks.

A driver can face fines, license suspension, and even jail, but that doesn’t automatically pay for your hospital bills. You have to go after civil compensation for that.

Also Read: What Types of Damages Can I Recover As a Victim of a Drunk Driving Accident?

Can I Get Compensation If The At-Fault Driver Was Drunk?

Yes, you can get compensation if the at fault driver was drunk.

Pennsylvania uses what’s called “modified comparative negligence.” That’s a fancy way of saying if you were less than 51% responsible, you can still get paid. 

For example, let’s say you were driving a little too fast, but the other driver was completely wasted. A court might say you were 10% responsible. That means you’d still get compensation, just reduced by 10%.

Another layer here is your own car insurance. 

In Pennsylvania, when you buy insurance, you pick between “limited tort” and “full tort”.

Limited tort saves you some money on premiums, but it also limits your right to sue for pain and suffering unless your injuries are considered “serious.” Full tort gives you the freedom to sue for non-economic damages even for less severe injuries. 

The interesting part? Drunk driving accidents sometimes create exceptions where you can step outside the limited tort restrictions. That’s worth asking a lawyer about.

Types Of Compensation You May Be Eligible For

You’ve probably got bills stacking up and stress piling on, so the big question is what kind of compensation can actually be recovered. In Pennsylvania, the law gives accident victims a few different ways to get back on their feet.

Here’s what you can recover if the at-fault driver was drunk:

• Medical expenses which includes everything from ambulance rides and ER visits to ongoing therapy and future treatments.
  
• If you miss work or your injuries reduce your ability to earn, you can claim that loss.
  
• Pain and suffering which covers the physical pain and emotional struggles that follow an accident. It’s harder to put a number on, but it can be a big part of your case.
• Punitive damages which are meant to punish reckless behavior

You might also get property damage coverage for your car, reimbursement for out-of-pocket costs like prescriptions.

Also Read: How Much Does a Pennsylvania Drunk Driving Accident Lawyer Cost?

Dram Shop Liability In Pennsylvania

Here’s something many people don’t realize: sometimes it’s not just the drunk driver who can be held responsible. 

Pennsylvania has what’s called a Dram Shop Law. 

Under this law, a bar, restaurant, or even a social host can be on the hook if they served alcohol to someone who was already visibly intoxicated or underage, and that person later caused an accident.

So, if a bartender kept pouring drinks for someone who could barely stand and that customer drove off and hit you, you might have a case against the establishment too. 

This opens another door for recovering damages, especially if the driver doesn’t have much insurance or personal assets.

Restitution Vs Civil Compensation

If the drunk driver gets convicted, the criminal court might order them to pay restitution. 

That usually covers some of your out-of-pocket costs, like medical bills or car repairs. But restitution only goes so far. It won’t touch pain and suffering, emotional distress, or the long-term impact of your injuries.

That’s why a civil claim matters. Filing a lawsuit or negotiating with the driver’s insurance company is how you go after the full picture of compensation. 

Challenges You May Face

Even when the other driver was clearly drunk, getting fair compensation isn’t always simple. Insurance companies look out for their bottom line, not yours, and sometimes the legal system throws curveballs. 

Also Read: What To Do When Hit By A Drunk Driver?

Here are some of the biggest hurdles people run into after a drunk driving accident:

• The at-fault driver’s insurance may not cover the full cost of your damages
  
• Limited tort coverage can restrict pain and suffering claims unless exceptions apply
  
• Proving the extent of your injuries often requires strong medical documentation
  
• Insurance adjusters may downplay your pain or argue your injuries existed before
  
• The driver may not have personal assets if damages go beyond insurance limits

What To Do After A Drunk Driving Accident

Right after the accident, your head is spinning and it’s hard to know what to do first. But the steps you take in those first hours and days can make a big difference in your case. 

Doing a few simple things now can save you a ton of trouble later on when it’s time to deal with the insurance company or head into court:

1. Get medical treatment right away and keep all the records
   
2. Report the accident to police and request a copy of the report
   
3. Collect evidence like photos, receipts, and witness details

Bottom Line

You can get compensation if the at-fault driver was drunk in Pennsylvania. 

You have the right to pursue damages for your medical bills, lost wages, pain, and more. You may even be able to go after punitive damages or hold a bar responsible under Dram Shop laws.

The path isn’t always easy. Insurance companies push back, drivers may not have enough coverage, and limited tort can complicate things. 

But the law is on your side, and with the right steps (and the right help) you can hold reckless drivers accountable and get the financial support you need to move forward.