Philadelphia DUI Accident Attorney

An arrest for driving under the influence can be one of the most frightening and humbling experiences of a driver’s life. Unfortunately, the reality is that we live in a world that glamorizes alcohol consumption.

In the Philadelphia area especially, the penalties for driving under the influence of alcohol or drugs are hefty, especially if it resulted in an auto accident. Ever-changing rules about DUI are designed to punish the perpetrators in such a way that it will serve as a warning to others not to make the same error in judgement. That means for DUI convictions, Philly residents face increased jail time, costs, and long-term impacts.

We’re On Your Side

Of course, no one wants to see injury or death from negligent driving – especially when hiring a taxi, riding with a designated driver, or simply not drinking can prevent it. However, our Philadelphia accident lawyers know that these cases are never black and white, and there is always another side to the story. When you sign on with a Philadelphia DUI accident lawyer, you’re at the receiving end of fair, equal, and sensitive representation.

We’ve spent years fighting for people charged in DUI accidents, both from alcohol and drugs (illegal and prescription). We never throw in the towel, no matter how incriminating the evidence against our clients might be. We aren’t afraid to choose a side – your side – and will give you the strong, confident representation you need to argue or ease the charges held against you.

Our Areas of Expertise

Ciccarelli Law Offices has been the legal group of choice to Chester County DUI individuals for years, giving us a wide array of experience in the subject. We have a firm understanding of local law, and stay on top of new or changed DUI laws.

We take each case with our client’s best interest in mind. We put your best foot forward, no matter what your situation is, and we believe in your right to a fair and honest trial. At Ciccarelli, we guarantee straightforward, sincere support and are always optimistic about the outcome of DUI accident cases – major or minor.

DUI Accidents Are Common

There is no question that drunk driving is incredibly dangerous and a major hazard for those in and around Philadelphia. During the latest reporting year of data available from the Pennsylvania Department of Transportation, there were 9,811 alcohol-related crashes. Out of those incidents, 311 people died, and more than 6,000 were injured. Recognizing signs of alcohol impairment can help prevent some accidents, but you also need to know where to turn if you are struck by an impaired driver.

How the Pennsylvania Dram Shop Laws Can Affect Your DUI Accident Claim

Whether you are an impaired driver who was overserved at an establishment and then caused an accident that left you injured, or you are the party who was injured by an overserved driver, you may want to file a claim for damages against the bar, restaurant, or private party who did the overserving. Under Pennsylvania Dram Shop laws, It is illegal for the holder of a liquor license to serve minors or those who are visibly intoxicated. Should there be violations of this law that result in injuries or damages, the holder of the liquor license can be sued for damages. Two things must be proven to hold an establishment liable for damages due to serving a minor or a visibly intoxicated person:

• It must be shown that the license holder served a minor (did not thoroughly check ID) or served a visibly intoxicated person, and
• It must be shown that the violation led to injuries and/or damages.

There are a number of scenarios when a liquor license holder could be found liable, including:

• After overserving a visibly intoxicated person, that person starts a fight, injuring another person
• An automobile accident is caused by a driver who was either served by the establishment as a minor or was served by the establishment while visibly intoxicated
• The intoxicated person is injured after running his or her car off the road, is hit as a pedestrian, or sustains injury after falling down after being served as a minor or served while visibly intoxicated.

What is “Visibly Intoxicated”?

Serving a minor is fairly straightforward—if the individual served is under the age of 21, then the Dram Shop law has been violated. Of course, there is the issue of fake IDs as well. Many establishments are now using an ID scanner that can tell them whether the ID is real (most of the time), although this has no bearing on an individual who is using someone else’s (valid) ID. Staff must all be trained to spot fake IDs and to closely compare an ID to the person using it to avoid serving a minor.

The term “visibly intoxicated,” can be more difficult. Some individuals can drink enough alcohol to be over the legal limit, while not appearing to be intoxicated. A claim can come down to whether witnesses saw the person in question and whether that person appeared visibly intoxicated. Servers must be trained to note signs of intoxication, including bloodshot or glassy eyes, slurred speech, staggering when walking, falling down, or exhibiting particularly loud or obnoxious behavior. If there were no witnesses who can testify as to the level of intoxication exhibited by the person in question, then expert witnesses may need to testify regarding BAC—and how the average person would have behaved with a specific BAC.

Obviously, the strongest Dram Shop law case would be for an individual who only drank at the establishment in question, and who was visibly intoxicated, with witnesses to that fact. A claim would be murkier when an individual went outside the bar and drank additional alcohol while in the parking lot. If the individual then caused an accident—and there was evidence he or she drank after leaving the establishment—it would be very difficult to hold the establishment liable for injuries and damages.

Victims of a drunk driver who are injured and have other damages associated with an accident caused by the drunk driver should always consider suing the establishment under Pennsylvania’s Dram Shop law. While the drunk driver might or might not have sufficient insurance to cover the injuries and other damages, the establishment is much more likely to have insurance that will cover claimed damages.

Signs of a Driver’s Impairment

Some of the most common signs that a driver may be impaired include the following:

• Drifting, swerving, or weaving on the roadway
• Tailgating other vehicles on the road
• Erratic braking behavior
• Reacting slowly to traffic signals
• Accelerating or slowing down quickly
• Driving slowly
• Failing to turn on headlights at night
• Making wide turns

If you suspect a driver near you is impaired, you should report the incident. Even if you are not in danger, your report could save others on the roadway. Call 911 and give the police a description of the vehicle as well as the license plate number if you were able to get it.

Injuries and Losses in Drunk Driving Crashes

Injuries from drunk driving incidents can be severe. In many cases, these accidents happen after an impaired driver strikes another vehicle at higher speeds. It is not uncommon to see the following injuries after a Philadelphia drunk driving accident:

• Broken and dislocated bones
• Traumatic brain injuries
• Concussions
• Severe lacerations or puncture wounds
• Possible amputations
• Internal organ damage
• Internal bleeding
• Spinal cord injuries (possible paralysis)
• Whiplash injuries

These injuries can lead to a victim requiring extensive medical care in order to make a recovery. A drunk driving accident victim is likely to incur major medical bills. This includes initial emergency medical bills as well as any ongoing physical therapy and rehabilitation expenses. Victims will also likely incur expenses for medical devices and prescription medications.

Aside from medical expenses, drunk driving accident victims often lose income if they cannot work while they recover. If they are disabled due to their injuries, a victim’s ability to earn an income and support their family may be jeopardized.

Finally, drunk driving accident victims often sustain tremendous pain and suffering damages. They may no longer be able to enjoy daily activities and may not be able to spend or enjoy quality time with their loved ones. Many drunk driving accident victims experience post-traumatic stress disorder (PTSD) that can affect their entire lives.

What are my Legal Options?

Your first step in these accidents will be to file a claim with the at-fault driver’s insurance carrier. However, for many drunk driving accident injuries, insurance requirements for Pennsylvania may not be sufficient. If the impaired driver’s insurance carrier does not offer a fair compensation amount, or if your expenses rise above the insurance policy limits, you may need to file a personal injury lawsuit.

A Philadelphia injury attorney from the Ciccarelli Law Offices will work with you through every aspect of your case. If the at-fault driver has been charged with or convicted of DUI for the incident, the insurance company may want to avoid a jury trial and offer a settlement that covers all of your expenses.

How our DUI Accident Lawyers Can Help

Together, our Philadelphia personal injury lawyers have more than 50 years of experience in DUI law. We provide the efficient, error-free defense you need to stand a chance in a court of law after you’ve been involved in a DUI accident. Nobody wants to be under-prepared when the blame is being placed on his or her shoulders, especially if someone was injured or killed in the accident. Let Ciccarelli Law Offices fight in your corner and improve your chances of fighting back. Our knowledgeable and experienced Philadelphia accident attorneys are ready to get to work on your behalf. We will investigate every aspect of your claim, work to prove liability, and secure the compensation you are entitled to.

Conversely, if you need a Philadelphia DUI defense attorney, you can contact us for a free consultation by clicking here or calling (215) 228-0100.