Drunk Driving Accident Lawyer in Philadelphia (DUI Injury Lawyer)
Philadelphia, like many other cities in the United States, has experienced a significant increase in its drinking and driving numbers, causing the state to modify its laws. Specifically, the introduction of Act 24 created a new system for assessing instances of driving under the influence (DUI), but also included treatment as part of the penalty.
However, this does not address the issues that the victims of drunk drivers have to deal with when there are accidents. Whether you are charged with driving under the influence (DUI) or a victim in a car accident, you may need a local Philadelphia, PA, DUI accident lawyer from The Pearce Law Firm Personal Injury & Accident Lawyers P.C. to help you navigate the aftermath of your accident and pursue fair compensation.
The Pearce Law Firm Personal Injury & Accident Lawyers P.C. can help you with your DUI Accident case. We have the expertise and skills necessary to fight on your behalf. Our dedicated attorneys represent injured clients on a contingency fee basis with no upfront costs. You pay no fees unless we win your case.
DUI Car Accident Injuries in Philadelphia
It is typical for the sober people involved in a DUI accident to sustain more injuries than the individual who was driving while drunk.
This is because a sober person’s reactions are faster and his or her body is not as relaxed as that of someone who is driving under the influence.
Because of this, the sober victim may try to instinctively prevent injuries by doing things like bracing for impact against the dashboard or door. Doing so can actually cause injuries such as broken bones and spinal damage. As with all car accidents, there are no limits to the types of injuries that the victim in a drunk driving accident might sustain, including whiplash, traumatic brain injury, concussion, internal injuries, soft tissue damage, paralysis, and catastrophic scarring.
Your Philadelphia Drunk Driving Accident Attorney
It’s easy to get upset at drivers who cause accidents while they are playing with their phones or otherwise not paying attention to the road, but there may not be a more infuriating act than the decision to consume alcohol and then start up a car.
The Pearce Law Firm P.C., of Philadelphia, protects the rights of victims of these careless acts much too often. We wish the number of drunk driving accidents here in Philadelphia and throughout the nation would go down and not up. We are proud to support accident victims and help them pick up the pieces of their lives after collisions caused by drunk drivers, texting drivers, hit-and-run accidents, and any other accident resulting from negligence. Our representation and thorough investigation ensure every detail is documented to maximize your claim value.
We also help piece your life back together financially, making sure that the drunk driver’s liability insurance pays you everything you need in recovery and beyond. Contact us for a free consultation. We provide a same-day response and personalized attention, and we will work with you to decide the best options for you and your family after a senseless accident.
Philadelphia Drunk Driving Accident Dangers
Philadelphia and State Emergency responders never get a rest from alcohol-related crashes near Philadelphia. They lead to tragedy for victims and their families every year. In 2017, the city reported 17 tragic deaths in accidents involving drunk drivers. In 2018, that number jumped to 28 fatalities across Philadelphia, and the sad number stayed the same for 2019.
Statewide, the numbers are astonishing. The Pennsylvania DOT reports the state saw 9,380 injuries related to alcohol use and another 299 deaths in 2019. That works out to an average of 26 drunk-driving accidents a day, as well as 16 injuries every 24 hours across the state.
Support for Injured Victims After a Philadelphia Drunk Driving Accident
If you are the victim of one of these crashes caused by an impaired driver, you may be lying in a hospital bed wondering who can be held accountable for your injuries. How will you pay for each expensive day you are hospitalized, not to mention the rehabilitation to come? The at-fault driver will be facing criminal charges as well, and you may wonder how a criminal trial will affect your civil lawsuit when you try to secure compensation. Understanding the statute of limitations is critical. Pennsylvania law sets specific deadlines for filing your personal injury claim.
Having an experienced personal injury attorney who knows the dynamics of drunk driving cases near Philadelphia will be your best weapon when you take the fight to the driver and his or her insurance company. A Philadelphia drunk driving accident lawyer who has first-hand knowledge of how insurance companies attempt to manipulate things to their advantage makes all the difference. We make sure every detail in the accident is properly addressed. We investigate the accident scene, gather witness testimony, review medical records, and consult with expert witnesses to prove negligence and build a comprehensive case. We don’t let insurance companies try to settle with an unfair offer.
Severe Consequences of DUI Accidents
Getting the compensation necessary to get on with your life now and to cover any surgery or other treatment for a flare-up of injuries in the future is vital to get your care secured in your civil lawsuit. You may not get another chance.
It’s especially important because the damaging effects of a DUI crash can be severe when compared to those of other types of accidents.
These are a few of the ways a drunk driving accident can lead to even more devastating injuries with longer-lasting repercussions:
- Unpredictable At The Wheel – Defensive drivers can sometimes see accidents coming a mile away and take action to avoid collisions. But with a drunk driver, the signs may not be there. They can drive so randomly that another motorist may have no warning that a collision is coming until it’s too late. Failed field sobriety tests and breathalyzer results often confirm the driver’s blood alcohol content exceeded legal limits.
- Harder Impacts – Sober drivers will usually slam the brakes when they see another car in their path. But drunk drivers may be clueless about an impending impact. They may not hit the brakes at all, and no reduction of speed will mean an increased collision force. These catastrophic, life-changing impacts often result in substantial economic damages and non-economic damages.
- Less Awareness – Normal drivers can steer clear of a collision, sometimes even at the last second, but a drunk driver may not have the mental capacity to steer away from a crash. What may have been turning into a sideswipe accident might end up as a more dangerous head-on impact.
A Philadelphia Attorney on your Team
At a time when you need the most compassion and understanding, unfortunately, insurance companies and their lawyers will look to discredit your injuries and give you as little compensation as possible. They can send you lowball offers and stall your compensation until you get desperate enough to accept any amount.
At The Pearce Law Firm P.C., we believe you deserve the maximum compensation from your claim. We have the skill and experience to make sure you avoid insurance company tricks. Talk to us today. We have dealt in these types of cases for decades, and we can make sure you and your family secure enough compensation to protect your lives now and in the future. Our proven track record includes successful settlements and trial experience in complex DUI cases. We negotiate aggressively with insurance companies and, when necessary, litigate to demand fair compensation for our clients.
Frequently Asked Questions
Can I file a claim for damages against a DUI suspect involved in a criminal trial?
Your civil lawsuit can move forward no matter where the criminal proceedings stand. The suspect can be in the midst of a criminal trial over his or her DUI charges, but your civil case can advance separately. Your claim will largely involve the at-fault driver’s insurance company and their response to your demands. Our knowledgeable attorneys handle insurance claims while protecting your client’s interests throughout the legal process. If you or someone you know has been in a car accident involving a DUI, make sure you have the experienced DUI accident lawyers at The Pearce Law Firm Personal Injury & Accident Lawyers P.C. to help you through the legal process so that you can receive the compensation you are owed.
What kind of DUI accident damages can I get compensation for?
We make sure you receive compensation for all of your losses, including current and future medical bills, possible rehabilitation, lost income, lost opportunity, lost property, as well as physical and emotional pain and suffering. In cases involving particularly negligent conduct, you may also recover punitive damages designed to punish the intoxicated driver and deter similar behavior.
How do I get the police report for my accident?
You can usually log onto the police department’s website to get the crash report filed by the investigating officer. You’ll need to have a report number, or you can also usually use the names of the drivers involved. The date of the crash, the officer’s badge number, and the street on which the accident took place can all be helpful in locating the report. Some departments make you either visit their records department or call the department to have it faxed to you. Our legal team can help you obtain and review all necessary documentation, including sobriety test results and accident reconstruction reports.
What if the drunk driver has no insurance or is uninsured?
Pennsylvania requires motorists to carry first-party medical benefits coverage (sometimes referred to as Personal Injury Protection, or PIP). This coverage generally pays for your medical expenses up to your policy limits regardless of who caused the crash. To recover compensation beyond that for pain, suffering, and lost wages, we can help you pursue a claim through your own optional Uninsured/Underinsured Motorist (UM/UIM) coverage.
If you carry limited tort coverage, Pennsylvania law provides exceptions that may allow you to sue the at-fault driver directly for pain and suffering if they were uninsured, convicted of DUI, or accepted into the ARD program. However, because many uninsured and underinsured drivers have personal assets to satisfy a judgment, the most practical route to recovery is usually through your own UM/UIM policy.
It is important to understand that under Pennsylvania case law, these third-party exceptions do not apply to claims against your own insurance company. When pursuing a UM/UIM claim, a limited tort policyholder is still bound by the limited tort restriction. To recover pain and suffering damages from your own insurer, we must establish that your injuries meet the legal definition of a “serious injury”, meaning they resulted in serious impairment of a bodily function, permanent serious disfigurement, or death. Our attorneys can carefully evaluate your medical records and gather the evidence needed to demonstrate that your injuries satisfy Pennsylvania’s serious injury threshold (whenever the facts support such a claim) and seek the fullest recovery available under your circumstances.
Our attorneys can carefully evaluate your medical records and gather the evidence needed to demonstrate that your injuries satisfy Pennsylvania’s serious injury threshold whenever the facts support such a claim.
How much does a DUI accident lawyer cost in Philadelphia?
We represent DUI accident victims on a contingency fee basis. This means you owe no attorney’s fees unless we successfully recover compensation for you. While client agreements typically outline how case-related court costs and expenses are handled, you will face no upfront, out-of-pocket legal fees. We also provide a free, no-obligation case evaluation to review your claim and discuss your options.
How long does a DUI accident case take to resolve in Pennsylvania?
Simple cases may resolve in months, while comprehensive cases involving catastrophic injuries may take longer to ensure we seek the fullest recovery available under your circumstances. Please keep in mind that Pennsylvania has a 2-year statute of limitations from the date of the crash to file a personal injury lawsuit, so it is important to begin exploring your options early.
The timeline depends on factors such as the severity of your injuries, the extent of your medical treatment, insurance issues, and whether liability is disputed. While a related DUI prosecution may provide helpful evidence in the civil case (and a conviction or entry into the ARD program can waive limited tort restrictions if you are pursuing a direct lawsuit against the driver), your personal injury claim generally proceeds separately from the criminal case.
Cost of DUI Accidents and Compensation
The costs of a DUI accident often add up to a significant financial burden. Because the first thing you should do after speaking with the police is to pay a visit to a medical professional, medical expenses will begin accumulating right from the beginning. Medical costs can be ongoing, depending on the extent and seriousness of the injuries you have sustained. And then there is the cost of the car repairs, towing, and potential replacement of your vehicle if the damage was serious enough.
Even after your initial medical evaluation, there will most likely need to be further appointments in the future simply because of delayed injuries and their treatment. Other types of damages that you could receive compensation for include the following:
- Short-term, long-term, or permanent disability
- Lost wages and income due to an inability to work
- Pain and suffering
- Therapy for emotional trauma such as post-traumatic stress disorder (PTSD)
- Past medical bills and medical bills that are reasonably expected to be incurred in the future
- Permanent disfigurement
- Loss of a normal life
- Funeral and burial expenses in the event of a wrongful death
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The Civil Burden of Proof
A civil lawsuit can be filed at the same time that a person is being prosecuted in the criminal courts for drunk driving. Victims need not wait for a guilty plea or verdict. That’s because there’s a different burden of proof in a civil lawsuit. In a criminal case, the prosecution must prove the person guilty beyond a reasonable doubt. In a civil lawsuit, there’s a lower burden of proof. That’s by a preponderance of the evidence. A preponderance of the evidence means that the injured person’s version of events is merely more likely true than not true.
Proof of Negligence
The illegal operation of a motor vehicle while under the influence of alcohol, drugs, or any combination of the two might be known as negligence per se. The injured person need only prove that:
- There was a statute that was enacted to protect a certain class of people
- The injured person was one of those people
- The statute was intended to protect the injured person against the specific harm addressed by it
Our attorneys carefully analyze your economic damages and non-economic damages to ensure comprehensive compensation that covers immediate medical treatment and long-term care needs. We consult with medical expert witnesses to document the full extent of your injuries and project future costs.
DUI Crashes & Case Examples in Philadelphia, PA
Unfortunately, instead of just taking an Uber home, some people still choose to allegedly drive while under the influence. Some recent crashes involving DUI charges in Philly include people from all walks of life.
For example:
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- A suspected DUI driver recently hit 27 parked vehicles.
- A Newark woman was charged with a marijuana DUI near Bethlehem.
- A Philadelphia Police Officer was charged with allegedly driving drunk on August 2, 2017.
- A court crier for a Philadelphia Traffic Court judge was charged with vehicular homicide for a fatal DUI.
Contact An Experienced DUI Accident Lawyer Near You
It is important to have qualified legal representation after an accident with a drunk driver. The individual with the DUI is most likely going to fight the charge in order to avoid the fines and penalties that come with it. Should he or she successfully overturn the DUI charge, it could have an impact on your case and the results you end up with. This is where a nearby experienced Philadelphia DUI accident lawyer can help.
If you or someone you know has been in a car accident involving a DUI, make sure you have the experienced attorneys at The Pearce Law Firm Personal Injury & Accident Lawyers P.C. to help you through the legal process so that you can receive the compensation you are owed. Our reliable, responsive team provides 24/7 availability for urgent consultations and immediate legal guidance. Please call our office at 215-557-8686 to schedule a free case evaluation. Alternatively, complete the form below to have someone from our office contact you.
What our Accident Claim Victim Clients Have to Say on Google
I had a complicated bike accident that involved more than one party. My attorney took my case and did quite amazing work — throughout the whole process. She was caring, upbeat, supportive — like what you’d expect from medical staff! But she was also very savvy on how to deal with the case. All her years of experience, work, and acumen led to a great settlement. If you are injured you want Pearce Law on your side.
Plesantre Y.
November 2020
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