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If a drunk driver caused your crash in Pennsylvania, you may be entitled to compensation that goes far beyond what your own auto insurance will cover. Pennsylvania law allows victims of alcohol-related collisions to pursue claims against the impaired driver, the driver’s insurance company, and, in some cases, the bar or restaurant that served the alcohol.
Pennsylvania car accident lawyers Lawrence M. Kelly and Joseph A. George of Luxenberg Garbett Kelly & George P.C. have represented drunk driving accident victims in New Castle, Lawrence County, and throughout Western Pennsylvania for more than 40 years. According to the Pennsylvania Department of Transportation (PennDOT), alcohol-related fatalities declined from 308 in 2023 to 244 in 2024. However, thousands of people across the state are still injured by impaired drivers every year.
This guide explains who can be held liable after a drunk driving collision in Pennsylvania, the compensation you may recover, how the state’s insurance system affects your claim, and what steps to take to protect your rights. Call Luxenberg Garbett Kelly & George P.C., at (724) 658-8535 for a free consultation.
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Pennsylvania uses a “choice” auto insurance system that affects the type of compensation you can pursue after any car accident, including one caused by an impaired driver. When you purchase auto insurance in Pennsylvania, you select either “limited tort” or “full tort” coverage under 75 Pa.C.S. § 1705.
Full tort coverage allows you to sue the at-fault driver for all damages, including pain and suffering, regardless of how severe your injuries are. Limited tort coverage restricts your right to sue for non-economic damages unless your injuries meet the legal threshold for “serious injury,” which Pennsylvania defines as a serious impairment of a body function or permanent, serious disfigurement.
However, there is an important exception for drunk driving crashes. Under Pennsylvania law, limited tort restrictions do not apply when the at-fault driver is convicted of Driving Under the Influence (DUI) or accepts Accelerated Rehabilitative Disposition (ARD). This means that even if you carry limited tort insurance, you may recover full tort damages, including pain and suffering, if the at-fault driver is convicted of DUI or accepts ARD for the accident.
Key Takeaway: Pennsylvania’s limited tort restriction may not apply in drunk driving accident cases. If the at-fault driver is convicted of DUI or enters ARD, you may be entitled to full tort damages regardless of the coverage you selected.
Lawrence M. Kelly of Luxenberg Garbett Kelly & George can review your policy and explain how Pennsylvania’s tort options apply to your specific situation. Call (724) 658-8535 to schedule a free consultation.
Multiple parties may share legal responsibility for your injuries after an alcohol-related collision. Pennsylvania law provides several avenues for recovering compensation, depending on the facts of your case.
The driver who chose to operate a vehicle while impaired is the primary party responsible for your damages. You can pursue a civil claim against the drunk driver for medical bills, lost wages, pain and suffering, and other losses. This civil claim is separate from any criminal DUI prosecution, and you do not need a criminal conviction to file a civil lawsuit. Under 75 Pa.C.S. § 3802, Pennsylvania generally prohibits driving with a BAC of 0.08% or higher; the threshold is 0.04% for commercial drivers and 0.02% for drivers under 21.
If the impaired driver carries liability insurance, you may be able to file a claim against their policy. The amount available depends on their coverage limits. Lawrence County and the surrounding Western Pennsylvania region see cases where drivers carry only the state minimum coverage, which may not be enough to cover serious injuries.
Under Pennsylvania’s dram shop law, a bar, restaurant, or other licensed establishment may be held liable if it served alcohol to a person who was visibly intoxicated and that person then caused a crash. This law also applies when an establishment serves alcohol to a minor under the age of 21. Dram shop claims add a critical source of compensation, particularly when the drunk driver’s own insurance is insufficient.
Pennsylvania’s social host liability law is more limited than its dram shop law. A social host, meaning a private individual hosting an event, can be held liable only if they knowingly served alcohol to a minor (someone under 21) who then caused a crash. Unlike dram shop claims, social host liability does not extend to situations where an adult guest was served while visibly intoxicated.
Key Takeaway: Pennsylvania law allows you to pursue compensation from the drunk driver, their insurer, and potentially the establishment or individual that served them alcohol. Identifying every liable party is critical for recovering full compensation.
Joseph A. George of Luxenberg Garbett Kelly & George investigates every potential source of liability in drunk driving cases. Contact LGKG at (724) 658-8535 to discuss your claim.
Attorney Joe George and Attorney Sam Mack Honesty. Integrity. Transparency. Professional. Personable. I experienced this and so much more when working with Attorney George and Att…
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I am beyond happy and blessed for my attorneys Gianna & Lawrence Kelly! They handled my case with professionalism and grace!!!! I really appreciate y’all both! I highly recommend…
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Highly recommended. Gianna Kelly of Luxenberg Garbett Kelly & George P.C.assisted me after I suffered an accident in a retail outlet. The professional and sensible advice was outs…
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I hired Atty Larry Kelly to help me with a workers comp case and let me tell you that he MORE than helped. He knows the law and knew of a precedent set a few years back and was ab…
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Pennsylvania law allows victims of drunk driving accidents to seek both compensatory and punitive damages. The specific amount depends on the severity of your injuries, the circumstances of the crash, and the insurance coverage involved.
Compensatory damages are intended to cover your actual losses. These include:
Unlike most car accident cases, drunk driving collisions in Pennsylvania may give rise to punitive damages. Punitive damages are not tied to your actual losses. Instead, they are designed to punish the at-fault driver for particularly reckless conduct and to discourage similar behavior. Punitive damages may be available when the defendant’s conduct was outrageous or showed reckless indifference to the rights of others. In Pennsylvania, punitive damages generally are not insurable when they are based on the defendant’s own misconduct.
| Damage Type | What It Covers | Who Pays |
|---|---|---|
| Medical Expenses | Past, current, and future treatment costs | At-fault driver's insurer or the driver |
| Lost Wages | Income lost during recovery and reduced future earnings | At-fault driver's insurer or the driver |
| Pain and Suffering | Physical pain, emotional distress, loss of enjoyment | At-fault driver's insurer or the driver |
| Property Damage | Vehicle repair or replacement, personal belongings | At-fault driver's insurer or the driver |
| Punitive Damages | Punishment for reckless conduct (DUI) | Generally, the drunk driver |
Key Takeaway: Drunk driving accident victims in Pennsylvania may recover both compensatory damages for their actual losses and punitive damages to punish the impaired driver’s reckless behavior. Punitive damages may generally be paid by the driver, not their insurance company.
Lawrence M. Kelly can evaluate the full scope of your damages and pursue every available form of compensation. Call Luxenberg Garbett Kelly & George at (724) 658-8535.
The steps you take immediately after a collision with an impaired driver can significantly affect the outcome of your claim. If you are physically able, take the following actions:
Luxenberg Garbett Kelly & George handles all communications with insurance companies on behalf of its clients throughout New Castle and Western Pennsylvania. Call (724) 658-8535 for immediate guidance.
Lawrence M. Kelly is a highly experienced Pennsylvania personal injury attorney who has built a reputation for strong advocacy and leadership in the legal community. A Board-Certified Civil Trial Specialist by the National Board of Trial Advocacy, he has served as President of the Pennsylvania Association for Justice and as Past President of the Western Pennsylvania Trial Lawyers Association.
Kelly has been consistently recognized for his work on behalf of injury victims, earning selection to Pennsylvania Super Lawyers for many consecutive years and inclusion in the Top 50: Pittsburgh Super Lawyers list. His practice focuses on serious injury and trial litigation, where he is known for thorough case preparation and a commitment to achieving meaningful results for his clients.
Joseph A. George is a seasoned personal injury attorney in Pennsylvania who focuses on motor vehicle accidents, medical malpractice, and other complex injury claims. He is an active member of several professional organizations, including the Pennsylvania Association for Justice and the American Bar Association, and is known for his client-focused approach and attention to detail.
George has earned recognition from both peers and national organizations, including selection to Pennsylvania Super Lawyers and an AV Preeminent rating from Martindale-Hubbell. He has also been named among The National Trial Lawyers Top 100 and recognized by the National Association of Distinguished Counsel, reflecting his dedication to professional excellence and strong advocacy for injured clients.
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Having represented over 10,000 clients, we’ve brought more cases to trial than many attorneys in Western PA
Joe George was extremely helpful and I couldn’t recommend him more. We had a very sensitive issue and he was honest, gave great advice, and helped my family navigate a win. Really…
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My experience with LGKG was fantastic. I dealt with Larry Kelly and Sam Mack. They could not have been more helpful, professional and kind. They were very supportive the entire ti…
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The service that was provided couldnt have been more professional. Giana handled everything in a timely manner and my case was resolved without delay. Thank you and I would defini…
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Larry Kelly is amazing! He always there to answer any questions and gets back to you asap. He would be the first attorney I would call and he should be your first as well! Best ex…
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My husband was in a motorcycle accident. We went to see Luxenberg Garnett Kelly & George. We met with Gianna Kelly. She went through everything with us and they helped us out a lo…
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We only work with clients and cases we truly believe in, we take your case because we genuinely believe in both you and your case’s importance.
A civil drunk driving accident claim and a criminal DUI prosecution are two separate legal proceedings with different purposes, standards of proof, and outcomes.
A criminal DUI case is brought by the state against the impaired driver. The purpose is to punish the driver through penalties such as jail time, fines, license suspension, and mandatory alcohol treatment programs. Under Pennsylvania law, DUI penalties generally follow a three-tier framework: general impairment (including undetermined BAC cases and BACs from 0.08% to 0.099%), high rate (0.10% to 0.159%), and highest rate (0.16% and above).
A civil claim is brought by you, the injured victim, against the drunk driver and any other liable parties. The purpose is to recover monetary compensation for your injuries and losses. The standard of proof in a civil case is lower than in a criminal case. You must show that the driver’s negligence more likely than not caused your injuries, while a criminal conviction requires proof beyond a reasonable doubt.
This means you can pursue a civil claim even if the drunk driver is not convicted of DUI. Evidence from the criminal case, including BAC test results, police reports, and witness testimony, can still be used to support your civil claim.
Pennsylvania imposes strict time limits for filing personal injury and wrongful death lawsuits. Under 42 Pa.C.S. § 5524, you have two years from the date of the accident to file a personal injury lawsuit. For wrongful death claims, the two-year clock begins on the date of death.
If you miss this deadline, the court will almost certainly dismiss your case, and you will lose your right to pursue compensation. Two years may sound like a long time, but building a strong drunk driving accident case requires thorough investigation, evidence collection, and expert consultation. Starting the process early preserves critical evidence, including surveillance footage, toxicology records, and witness memories that may fade over time.
Lawrence M. Kelly of Luxenberg Garbett Kelly & George can help you file your claim on time and that no deadlines are missed. Call (724) 658-8535 to get started.
Alcohol-related collisions tend to cause more severe injuries than other types of car accidents. According to PennDOT, alcohol-related crashes were about 3.7 times more likely to involve a fatality than non-alcohol-related crashes. Impaired drivers often travel at high speeds, fail to brake or take evasive action, and cause head-on or broadside collisions that produce catastrophic injuries.
Common injuries from drunk driving accidents include traumatic brain injuries (TBI), which range from concussions to permanent cognitive impairment; spinal cord injuries that may result in partial or full paralysis; broken bones in the arms, legs, ribs, and pelvis; internal organ damage and internal bleeding; severe lacerations from broken glass and debris; and burns from post-collision fires or fuel ignition.
Treatment for these injuries may require emergency surgery, extended hospitalization at facilities such as UPMC Jameson in New Castle, rehabilitation at regional trauma centers, and ongoing physical therapy. Many victims require lifelong medical care and are unable to return to work at their previous capacity.
Key Takeaway: Drunk driving crashes cause disproportionately severe injuries because impaired drivers are less likely to brake, swerve, or take any corrective action before impact. Victims may face years of medical treatment and permanent disability.
Luxenberg Garbett Kelly & George works with medical professionals and life care planners to document the full cost of your injuries. Contact the New Castle office at (724) 658-8535.
Luxenberg Garbett Kelly & George represents drunk driving accident victims throughout Western Pennsylvania from offices in New Castle, Ellwood City, Beaver Falls, Butler, Cranberry Township, and Pittsburgh. We handle cases in Lawrence County, Butler County, Allegheny County, Beaver County, Mercer County, and surrounding communities.
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Being injured by an impaired driver raises questions about medical bills, lost income, and how to hold the responsible parties accountable. These are questions that deserve clear answers from someone who has handled hundreds of similar cases in your community.
Lawrence M. Kelly and Joseph A. George have represented accident victims throughout Lawrence County and Western Pennsylvania for more than four decades. Our team handles motor vehicle accident claims throughout Butler County and Allegheny County. Call Luxenberg Garbett Kelly & George at (724) 658-8535 for a free, no-obligation consultation.
Yes. A civil lawsuit for damages is separate from a criminal DUI prosecution. You can pursue compensation against the drunk driver in civil court regardless of whether they are convicted. The standard of proof in a civil case is “preponderance of the evidence,” which is lower than the “beyond a reasonable doubt” standard required for criminal conviction. Evidence such as BAC test results and police reports can support your civil claim.
Pennsylvania’s dram shop law allows you to hold a bar, restaurant, or licensed establishment liable if it served alcohol to a visibly intoxicated person or a minor who then caused a drunk driving accident. This provides an additional source of compensation beyond the impaired driver’s insurance. Proving a dram shop claim requires evidence that the establishment continued to serve alcohol despite visible signs of intoxication, which often involves witness testimony and security footage.
Pennsylvania’s statute of limitations gives you two years from the date of the accident to file a personal injury lawsuit. For wrongful death claims, you have two years from the date of death. Missing this deadline can result in the court dismissing your case, so it is important to consult an attorney promptly.
Not necessarily. Pennsylvania law provides an exception to limited tort restrictions when the at-fault driver is convicted of DUI or enters an ARD program. If this exception applies, you may recover full tort damages, including pain and suffering, even if you selected limited tort coverage on your own policy.
Pennsylvania’s social host liability is more limited than its dram shop law. You can hold a social host liable only if they knowingly provided alcohol to a minor under 21 who then caused an accident. Social hosts who serve alcohol to adults, even visibly intoxicated adults, are generally not liable under Pennsylvania law.
