If a drunk driver hurt you or killed someone you love, you can pursue a civil claim for compensation that is separate from any criminal charges. A drunk driving accident lawyer investigates the crash, identifies every party who may be responsible, deals with the insurance companies, and files suit before the deadline. In Pennsylvania, that deadline is generally two years. At Pisanchyn Law Firm, we handle these cases on a contingency basis, so you pay no fee unless we win or settle.

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TL;DR

  • The impaired driver is the usual defendant, but a bar, an employer or a vehicle owner may share responsibility depending on the facts and the law.
  • Pennsylvania’s general deadline for injury and wrongful death lawsuits is two years, and claims against government bodies can require written notice within six months.
  • A civil claim runs on its own track. You do not have to wait for the DUI case to end to start protecting your rights.
  • Compensation may cover medical care, lost income, pain and suffering, and, in a death case, funeral costs and loss of support.
  • Our firm works on a no-fee-unless-we-win basis, and you can reach an attorney directly.

Table of Contents

What a drunk driving accident lawyer does for you

An impaired-driving crash is not an ordinary fender-bender claim. Liability can look obvious, yet insurers still dispute fault, minimize injuries and push quick, low settlements. Legal commentary on drunk-driving cases notes that an attorney is especially valuable when liability is contested, injuries are moderate or severe, or insurance coverage is complicated.

In practice, we take on the work you cannot do while you recover. We gather the police report, medical records and witness statements. We bring in expert witnesses when the case calls for them. We calculate what your injuries will cost over time, not just what the bills say today. Then we negotiate hard, and we litigate when an insurer will not pay what the claim is worth.

If you want to see how our DUI practice approaches these cases, read about our DUI accident attorney services.

What a drunk driving accident lawyer does for you

Who can be held responsible

The driver who chose to drink and drive is the first defendant. But the driver may have little insurance, or none. That is why a careful lawyer looks wider. Depending on state law and the facts, liability may also reach a bar or other licensed alcohol seller, a social host, an employer whose employee was acting within the scope of work, or an owner who negligently lent the vehicle.

Bars and restaurants in Pennsylvania

Pennsylvania has a dram shop law. Under 47 P.S. § 4-493 and § 4-497, a liquor licensee can be liable for damages caused by serving a visibly intoxicated customer or a minor. Social host liability is narrower and is limited to situations involving underage drinkers. Proving that a customer was visibly intoxicated takes work: receipts, surveillance video, staff testimony and witness accounts often matter. The sooner we send a preservation request, the better the chance that evidence still exists.

Employers and vehicle owners

If the driver was on the job, the employer may be responsible for the employee’s conduct. Courts look closely at the connection between the work and the harm. One Kentucky appeals court decision found no employer liability where the worker had left work and was on a personal trip in his own vehicle. We examine those same facts in every case, because they decide whether a second source of recovery exists.

When the driver has little or no insurance

A drunk driver’s policy limits can cap what you recover. Your own underinsured or uninsured motorist coverage may fill the gap. Read how underinsured motorist claims work in Pennsylvania before you speak with your own insurer.

What compensation may be available

Every case turns on its own facts, and no lawyer can promise a result. Still, the categories of recovery are well established. In a death case, damages may include emergency and medical care, lost wages and pain and suffering before death, lost future income and support, funeral and burial expenses, companionship, and household services.

In a non-fatal case, the same logic applies to the injured person: medical bills, lost earnings, future care, and the way the injury changes daily life. Catastrophic harm such as brain injury, spinal injury or amputation requires a long-range plan, which is why we involve medical and financial experts early. Our catastrophic injury attorneys handle these cases.

Punitive damages are meant to punish especially reckless conduct. Not every state allows them in wrongful death actions, and the rules differ by state. Ask us how Pennsylvania law applies to your facts.

What compensation may be available

Pennsylvania deadlines you cannot miss

The ordinary deadline for a personal injury or wrongful death lawsuit in Pennsylvania is two years under 42 Pa. Cons. Stat. § 5524, generally measured from the date of the injury or death. The same summary points to a six-month written-notice rule when the defendant is a government body, which matters if a road defect or a government vehicle played a part.

Two years sounds long. It is not. Witnesses move, bar surveillance video is overwritten, and vehicles get repaired or scrapped. Start early. For a fuller picture, see our guide to Pennsylvania personal injury deadlines and fault rules.

Evidence that builds a drunk driving claim

The strongest cases are built in the first days. Here is what we work to secure:

The crash report and any citations. These record the officer’s observations at the scene.

Test results and arrest records. Records from the criminal side can help show impairment.

Photos and video of the scene, the vehicles and your injuries. Traffic cameras and nearby businesses often overwrite footage quickly.

Witness names and contact details, including anyone who saw the driver before the crash.

Medical records from the first emergency visit forward. They link your injuries to the collision.

Receipts from the place where the driver was drinking, when they exist.

Keep your vehicle in its current condition until we have documented it. If you later decide to sell a wrecked car, how to transfer liability after an accident is worth understanding first, so the paperwork does not create new problems.

How your civil claim fits with the criminal case

The state prosecutes the driver for the crime. Your claim is a separate civil case seeking money for your losses. The two move on different timelines and under different standards, and a criminal outcome does not decide your claim by itself. We stay in touch with the criminal case because police records, test results and testimony can support your claim. Do not post about the crash on social media and do not give a recorded statement to the other driver’s insurer before talking to a lawyer.

Wrongful death after a drunk driving crash

Losing a family member to a drunk driver is devastating, and the legal process should not add to the burden. Pennsylvania limits who may bring these claims and how recovery is divided. Our guide explains who can file a wrongful death claim in Pennsylvania, and our Pennsylvania wrongful death lawyers can walk you through the next steps.

Insurance disputes and injuries suffered at work

Insurers sometimes argue that a drunk driver’s conduct was intentional and therefore excluded from coverage. A lawyer can assess whether state law supports that position and whether a denial raises a bad-faith issue. Your own first-party coverage, such as uninsured or underinsured motorist, collision and medical payments coverage, may also help.

If you were hurt while driving for work, workers’ compensation may cover medical bills and lost wages, and a third-party claim against the drunk driver may remain available, subject to reimbursement of the benefits paid. We handle both sides, so one claim does not undercut the other.

Talk to us about your case

Pisanchyn Law Firm has represented injured Pennsylvanians for more than 20 years, with offices serving Scranton, Wilkes-Barre, Harrisburg, Pittsburgh and Philadelphia. We prepare each case around the client, we make attorneys directly available, and we fight for the full value of your claim. You pay no fee until we obtain a settlement or award.

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If a drunk driver changed your life, call us or reach out through our site for a conversation about your options. See our full list of practice areas for other injury cases we handle.

FAQ

How much does a drunk driving accident lawyer cost?

We work on contingency. You pay no attorney fee unless we win or settle your case, and our fee comes from the recovery. We explain the agreement in full before you sign.

How long do I have to sue a drunk driver in Pennsylvania?

The general deadline is two years from the date of the injury or death. Claims against a government body can require written notice within six months. Call early so no deadline is lost.

Can I sue the bar that served the driver?

Possibly. Pennsylvania law allows claims against a licensed seller that served a visibly intoxicated person or a minor. The result depends on what the evidence shows about the service, so we move quickly to preserve it.

Do I need to wait for the DUI case to finish?

No. Your civil claim is separate from the criminal case. We can begin investigating and protecting evidence right away while the criminal case goes forward.

Sources

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