New Castle Drunk Driving Accident Attorneys

Who Pays for Damages After a Drunk Driving Accident?

Because Pennsylvania is a no-fault car insurance state, you may be entitled to compensation from your own auto insurance provider after a drunk driving accident. Under your personal injury protection (PIP) coverage, you do not necessarily need to prove that the other driver was at fault to collect compensation for covered losses. However, PIP coverage is limited and typically does not even come close to covering the cost of drunk driving accident victims’ damages.

The good news is that there may be several other sources of compensation after a drunk driving accident, depending on the specific details of your case.

Potentially liable parties include:

• The Drunk Driver’s Insurance Company: In some cases, you may be able to bring a claim against the insurance company for the drunk driver. This will depend on the type of no-fault insurance you have (i.e., whether you have limited tort or full tort coverage), the severity of your injuries, as well as other factors.
• The Drunk Driver: If the drunk driver was uninsured, you may be able to file a third-party personal injury or wrongful death lawsuit against him or her for your damages. It is important that you work with an experienced and knowledgeable drunk driving accident attorney if you wish to pursue a third-party claim, as these can be challenging to navigate.
• The Bar, Restaurant, or Person Who Provided Alcohol to the Drunk Driver: Under what are known as “dram shop” and “social host” laws, it may be possible to bring a lawsuit against an establishment, vendor, or individual who knowingly provided alcohol to the individual who went on to drive drunk and cause an accident, leading to injuries or death.

At Luxenberg Garbett Kelly & George, we conduct exhaustive investigations to determine exactly what happened and who is liable for your damages. We leave no stone unturned in our pursuit of full and fair compensation for our clients. Our New Castle drunk driving accident attorneys are prepared to pursue every possible source of recovery on your behalf, all while providing you with the attentive, personalized, and compassionate legal support you deserve.

Pennsylvania Dram Shop & Social Host Liability

As mentioned above, Pennsylvania’s dram shop and social host liability laws allow you to bring a claim for damages against a vendor or individual who supplied alcohol to a person who went on to cause you injury. To have a dram shop or social host claim, there are certain things you must prove.

For a dram shop claim, you must demonstrate that:

• A bar, restaurant, establishment, or vendor provided alcohol to someone who was either visibly intoxicated at the time they were served or was a minor (under the age of 21)
• The individual who was served alcohol while visibly intoxicated or under the age of 21 went on to cause you injury (e.g., by driving drunk and causing an accident)

To hold a social host responsible for a drunk driving accident, you must prove:

• An individual knowingly provided alcohol to a minor (someone under the age of 21)
• The minor went on to cause you injury related to being intoxicated or impaired

The law does not allow you to bring a claim against a social host who provides alcohol to someone over the age of 20, even if the individual was visibly intoxicated. Instead, you may have grounds to sue the intoxicated individual for the injuries and/or damages they caused.

We strongly recommend that you reach out to an experienced dram shop and social host liability lawyer, like those at Luxenberg Garbett Kelly & George, for help with your claim. These types of cases tend to be very complex, but an attorney at our firm can help you put together powerful evidence and seek the full, fair compensation you are owed.

Trust Our Board-Certified Civil Trial Specialists

While any car accident can have serious repercussions, drunk driving accidents tend to be especially severe. You need someone by your side you can trust, an attorney who will take the time to get to know you and fight for the recovery you deserve.

At Luxenberg Garbett Kelly & George, our attorneys have been recognized by numerous prestigious legal organizations, including Pennsylvania Super Lawyers® and Martindale-Hubbell®. Additionally, Attorney Charles Garbett and Attorney Lawrence Kelly are Board-Certified Civil Trial Specialists by the National Board of Trial Advocacy, a unique distinction held by only about 2,000 practicing attorneys nationwide. To receive board certification from the National Board of Trial Advocacy, attorneys must demonstrate exceptional knowledge, skill, and experience in civil trial law. They must also pass a written examination and maintain good standing with the bar, among other requirements.

At LGKG, we believe that there is simply no substitute for experience. We also believe that you deserve a legal team that truly cares about you and your recovery. When you turn to our firm, you can rest assured that you will always receive the personal attention, direct attorney-client communication, and consideration you deserve. We strive to cultivate meaningful, lasting relationships with our clients and are dedicated to serving as a pillar in our community. We proudly serve clients in New Castle, Beaver Falls, Butler, Ellwood City, Cranberry Township, and throughout Western Pennsylvania.

Were you injured by a drunk driver? Contact LGKG today at (724) 576-8855 for a free consultation with our New Castle drunk driving accident attorneys.