Harrisburg DUI Accident Attorney

Fighting For Drunk Driving Accident Victims in Pennsylvania

In Harrisburg, DUI accidents can cause devastating physical, emotional, and financial damage to victims and their families. If you or a loved one has been injured in a DUI-related accident, you deserve to seek justice. At Metzger Wickersham, our Harrisburg DUI accident attorneys is are ready to protect your rights and hold the responsible parties accountable. If you were injured by a reckless, drunk driver, contact Metzger Wickersham today at (888) 707-7704 or via this form. Known for our results-driven, team-based approach, you can trust our Harrisburg DUI accident attorneys to help you.

Damages That Are Available

If you suffered injuries in a drunk driving collision, the intoxicated driver should be held responsible. The emotional trauma and physical pain that survivors experience can be devastating, and the damages caused can result in an unexpected financial strain for accident victims/survivors. Driving under the influence is not only selfish but negligent. To fight for compensation for damages, accident victims/survivors can pursue a civil case (which is separate from and has no bearing on criminal proceedings). Damages (compensation) that can be recovered include:

• Medical bills and expenses
• Rehabilitation and/or therapy costs
• Pharmacy bills
• Lost wages (as well as future lost wages)
• Damaged property repairs
• Pain and suffering
• Other accident-related expenses

Liability in Harrisburg Drunk Driving Accidents

While the drunk driver who caused the accident may be held liable, they may not be the only liable party. If the drunk driver was served alcohol at a local restaurant/bar or a person’s home before the accident, the person serving the drunk driver can also be held liable.

Pennsylvania Dram Shop & Social Host Laws

Under Pennsylvania Liquor Code § 4-493, it is illegal for employees or businesses with liquor licenses to sell, furnish, or give a minor or visibly intoxicated person any liquor, malt, or brewed beverages. Business owners or employees should also prohibit anyone else in their establishment from giving a minor or visibly intoxicated individual an alcoholic beverage. Common signs of visible intoxication include:

• Loud and/or slurred speech
• Stumbling and/or poor coordination
• Drinking too fast
• Impaired fine motor skills
• Delayed reaction times
• Impaired judgment
• Noticeable changes in behavior
• Bloodshot or glassy eyes
• Inability to finish sentences or thoughts

If a licensed liquor vendor or employee serves a minor or visibly drunk individual, you may be able to hold them liable for your injuries after a drunk driving collision. Similarly, you can hold a party host responsible if they serve drinks to a minor at a party and that minor is involved in a drunk driving crash with you (under Pennsylvania social host laws).

Common Injuries Caused by Dangerous Drunk Driving Wrecks

Drunk driving is one of the leading causes of auto accidents in the United States. According to Pennsylvania Department of Transportation crash statistics (2020), on average, each day, there were 21 alcohol-related traffic crashes as well as 13 people were injured and 0.8 people were fatally injured in an alcohol-related crash. Injuries from DUI-related crashes can include:

• Head injuries, such as concussions, contusions (bruises), penetration (of an object through the skull), diffuse axonal (forceful rotation of the skull that leads to tears), etc.
• Neck injuries, such as nerve pinches, disc injuries, whiplash, vertebral fractures, etc.
• Back injuries, such as sprains, muscle irritation, bruising
• Spinal cord injuries, such as spinal cord tissue tears, displacement of bone fragments, etc.
• Chest injuries, such as airbag impact injuries, muscle tension or straining, steering wheel injuries, seat belt injuries, etc.
• Facial or external injuries, such as lacerations, burns, etc.

How to Prove Negligence in a DUI Accident Claim

Proving negligence in a DUI accident case is critical for securing compensation. Negligence often occurs when a person fails to act with the level of care that a reasonable person would under similar circumstances. In a DUI accident claim, the intoxicated driver is typically considered negligent because driving under the influence is a clear violation of the law and of their duty to operate a vehicle safely. However, to succeed in a claim, certain elements must be proven.

• Duty of Care: All motorists have a legal duty to operate their vehicles reasonably and safely. This duty of care means drivers must follow traffic laws, remain alert, and avoid actions that could endanger others. In a DUI accident case, the intoxicated driver breaches this duty by choosing to drive while impaired. This reckless behavior puts others at risk and generally establishes a clear breach of the duty of care.
• Breach of Duty: To prove negligence, you must establish that the drunk driver breached their duty of care. Driving under the influence of alcohol or drugs violates both legal and societal standards of safe driving. Evidence of a DUI arrest or a positive result from a breathalyzer or blood test often serves as strong proof of this breach. In some cases, witness testimony, video footage, or police reports may also help establish that the driver was under the influence at the time of the crash.
• Causation:Next, you must show that the driver’s breach of duty directly caused the accident and your resulting injuries. This means demonstrating that the crash occurred because the driver was impaired. In some instances, accident reconstruction experts may be needed to confirm that the driver’s intoxication led to reckless behavior, such as swerving, speeding, or running a red light, which then caused the collision.
• Damages: Finally, in any personal injury case, including DUI accident claims, you must provide evidence of damages. These can include medical expenses, lost wages, property damage, and pain and suffering. Medical records, repair bills, and wage statements can help document these losses. In particularly serious cases where victims suffer long-term or permanent injuries, you may also seek compensation for future medical fees and loss of earning capability.

What to Do After You Are Hit by a Drunk Driver

After an accident, you may be disoriented or in shock. If possible (based on your health/injuries), you should take the following steps after a DUI accident.

• Report the accident. You are legally required to report a traffic accident in Pennsylvania, so you should call the proper authorities. It is also advisable that you remember to inform your insurance provider of the accident.
• Seek medical attention. No matter how severe or minor your injuries are, you should see a doctor. If you are in shock, you will likely fail to realize you are hurting until some time has passed. Seeking treatment is important to your claim since your medical records can be used as evidence.
• Take notes concerning the accident. You should try to obtain the other driver’s name, license plate, and insurance information. Documenting the time, weather, roadway layout, skid marks, and vehicular damage can help build your case as well. If possible, take pictures of the accident scene and important documents.
• Collect witness information. If anyone else is a witness to the collision, ask for their name, address, and preferred contact method (phone or email). Their testimony can also help with your case.
• Contact our firm. The sooner you contact our team, the sooner we can get to work. Our attorneys can follow up with the people, contact your healthcare provider, and contact witnesses to begin to build your case and develop a strong legal strategy.

Contact DUI Accident Attorneys in Harrisburg Today

If you are injured by a negligent drunk driver, our Harrisburg DUI accident attorneys are equipped to help you obtain compensation and hold the liable party accountable. We understand how stressful and taxing recovering from an accident can be. Let our team handle the case legalities while you take the time you need to heal. Our Harrisburg DUI accident lawyers will work tirelessly to pursue compensation on your behalf. Reach out to our team online or call (888) 707-7704 to schedule your free, case consultation today.