Getting behind the wheel while intoxicated by alcohol is a terrible crime that can have life-altering consequences – not only for the drunk driver, but for those who get injured in a crash, as well. If you get hurt in a collision involving an intoxicated driver in Pennsylvania, it is important to know what steps to take to protect yourself and your legal rights.
Pull Over in a Safe Location
First, ensure your safety by pulling your vehicle over in a safe place that is as close to the scene of the accident as is safely practicable. Turn on your emergency or hazard lights to prevent additional accidents from occurring.
Check yourself for injuries, keeping in mind that your adrenaline from the crash may be masking pain. Exit your vehicle when it is safe to do so to check others for injuries. If you can, render aid to anyone who has been injured, such as by calling for an ambulance.
Report the Drunk Driving Accident to Law Enforcement
In Pennsylvania, you are legally required to report most accidents involving injuries or property damage. Whether the crash is major or minor, you should always call 911 to report an accident when you believe the driver is impaired by alcohol or drugs.
Operating a motor vehicle while impaired by intoxicating liquor or drugs is against the law in Pennsylvania. A driver is deemed legally too drunk to drive with a blood alcohol concentration level of 0.08 percent or higher.
Calling the police can lead to a driving under the influence (DUI) arrest and conviction. This can hold the drunk driver accountable for his or her reckless actions as well as provide evidence for a car accident attorney in Pittsburgh to use during your car accident case.
Lay the Groundwork for Your Claim
Start thinking about your insurance claim as early as possible – ideally, while you are still at the scene of the accident. Successfully holding a drunk driver liable, or financially responsible, for causing your car accident requires evidence.
Collect evidence by speaking to eyewitnesses, taking photographs of the scene of the crash, obtaining copies of your police report and medical records, and writing down a detailed description of what happened.
File an Insurance Claim
Contact the drunk driver’s car insurance company to file your initial claim. Do not admit fault for the accident or give a recorded statement. If you are offered a quick settlement, consult with an attorney before accepting. Initial settlement offers are often set lower than clients deserve – especially for catastrophic DUI accidents.
Although automobile insurance is mandatory in Pennsylvania, a drunk driver may not have adequate coverage to pay for your losses. In this case, you could potentially file an uninsured or underinsured motorist claim with your own insurance provider to seek coverage for your injuries.
Contact a Drunk Driving Accident Attorney in Pennsylvania
Drunk driving accident cases can be complicated, with a difficult burden of proof to meet and the potential to sue third parties, such as the dram shop or alcohol vendor that served the intoxicated driver the night of your crash. Contact an experienced drunk driving accident attorney in Pittsburgh, PA for assistance handling your claim. The attorneys at Dallas W. Hartman P.C. offer free initial case consultations.