If you have been hit by someone who was under the influence, you are going to want to know if you could sue that person for your damages. The answer to your question is that you could sue them. In fact, you could legally sue anyone who hurts you through their negligence.
Getting injured in an accident is an unpleasant experience. This is why it is important to contact a car accident attorney to learn more about suing a drunk driver. We review the essential facts of this process so that you can understand the next steps you need to take in a lawsuit.
The blood alcohol content (BAC) limit in Pennsylvania is 0.08 percent. For commercial drivers, this limit is lower at only 0.04 percent. If a person is caught operating a vehicle with a BAC over the legal limit, they could be charged with driving under the influence.
Due to Pennsylvania’s no-fault policy, you may not be able to sue, even if the other party was drunk, if you caused the accident. In this case, your insurance policy’s PIP coverage would pay for your medical expenses and lost wages.
Unfortunately, PIP does not pay for pain and suffering. If you opted for the state’s voluntary full tort coverage, you may have the ability to recover all types of damages, including non-economic damages, as well as lost wages, property repairs, and medical expenses.
If you were not at fault for the accident, you may be able to sue for non-economic damages, such as pain and suffering. In this case, you and your attorney would file a claim against the drunk driver’s liability insurance or pursue a lawsuit in court if necessary.
This is often a complex and challenging process with numerous essential steps, from collecting evidence and filing a complaint with the court to negotiating a settlement. Thankfully, there are no established caps in Pennsylvania on the damages you could recover after you were hit by someone who was drunk.
In addition to suing someone who hit you while drunk, you may also have a case against the bar that served the driver alcohol. When an establishment overserves a customer, they could be held liable for your injuries under Pennsylvania’s Dram Shop law. This civil action could be used to recover damages caused by a visibly intoxicated individual who harmed you.
Do not question your right to sue someone who hit you while drunk. Contact the legal team at Soloff & Zervanos, P.C. for advice on how to proceed with your claim.
Our team could guide you through the personal injury lawsuit process so that you understand your rights every step of the way. Our aggressive advocates would work hard for you to get the best possible outcome in your unique case.
