Drunk Driving Accident Lawyers in Pennsylvania: The Bar May Be Liable Too

Limited tort falls away

If you carry limited tort you would normally have to prove a serious impairment of a bodily function before recovering pain and suffering. Where the driver who hit you is convicted of driving under the influence, that restriction generally does not apply to you.

It is one of the clearest exceptions in Pennsylvania auto law, and it turns a restricted claim into a full one. It also means the criminal case matters to your civil claim, and it is worth tracking rather than ignoring.

Dram shop liability

Pennsylvania permits a claim against a licensed establishment that served alcohol to a person who was visibly intoxicated. It applies to bars, restaurants, clubs and taverns, and it exists because the driver’s own policy is frequently far too small for what they caused.

The proof is specific and it perishes fast:

• Receipts and point of sale records, showing how many drinks and over what period.
• Surveillance video inside the establishment, commonly overwritten within weeks.
• Witnesses who saw the person’s condition while they were still being served.
• Server statements and staffing records, including whether anyone was RAMP trained.

Visible intoxication has to be shown at the time of service, not merely at the time of the crash. That is why moving early matters more here than almost anywhere else.

Social hosts are treated differently

Pennsylvania generally does not impose dram shop liability on a private individual who serves an adult guest. The significant exception is serving alcohol to a person under 21, where a social host can be liable. That distinction catches people out after graduation parties and family events.

Punitive damages

Ordinary negligence does not support punitive damages. Driving while substantially impaired frequently does, because it is conduct showing reckless indifference rather than carelessness. Punitive damages are not usually covered by insurance, which changes the shape of a negotiation considerably.

The criminal case is not your case

Restitution in the criminal matter is not the same as compensation, and it is usually far smaller. A guilty plea or conviction is useful evidence in your civil claim, and the civil claim proceeds on a lower standard of proof, so an acquittal does not end it either.