Chester County Drunk Driving Lawyer
Dram Shop and Drunk Driving Accidents in West Chester PA
Perhaps you have been in a Pennsylvania bar or restaurant and observed a sign posted in the bar that essentially states that should you appear to be intoxicated, the establishment can refuse to serve you alcohol. It might seem such a sign would exist in order to keep customers in check, since intoxicated patrons tend to be louder and rowdier. In fact, the
reason for the signs are to protect the person who holds the liquor license for the establishment. Under Pennsylvania law, that person could be held liable if they serve an obviously intoxicated person and that person is later involved in an accident.
This law is known as the Pennsylvania Dram Shop Law, and includes private events as well as public bars and restaurants. Further, if an obviously intoxicated person is served more alcohol, then begins a fight with another, the injured person may sue under Pennsylvania’s Dram Shop Law. Strangely enough, if the same visibly intoxicated person continues to be served by a restaurant, bar or private event bartender, then is injured after falling down, the intoxicated person is allowed to sue under Pennsylvania’s Dram Shop Law as well.
Our team of West Chester PA Accident Lawyers fights for victims of drunk driving and Dram Shop violations thorough out Pennsylvania. Our accident lawyer legal team is based in West Chester PA and is aggressive in pursuing claims against a drunk driver and responsible bar that has contributed to a serious accident in PA including Chester County, Delaware County, Bucks County, Berks County, Lancaster County, Montgomery County or Philadelphia.
How the Dram Shop Law Could Affect a Privately Hosted Party
Suppose a neighbor decided to have a party at their home and hire a caterer or licensed bar service for that party. If a guest invited to the party is over-served while at the party, the catering company or bar service could be held responsible. In fact, any hired service, which has a liquor license and works at the party may be held accountable for over-serving a guest who later causes an accident. If your neighbor doesn’t hire a caterer or other licensed bar service, then, as the host of the party, they would be the person responsible for the actions of intoxicated guests.
Allowing an intoxicated person to continue to drink at a private party may fall under the Pennsylvania Social Host Laws. If a minor consumes alcohol at a private party—even if the host was unaware of that fact, and the minor did not have consent—the host of the party could still be held accountable.
What Constitutes Visible Intoxication?
Sometimes it can be difficult to determine when another person is intoxicated, since everyone processes alcohol in a different manner. Some people get quiet the more they drink, some people get happy, some get loud and rowdy, and others get mean and destructive. While the following signs of intoxication may not apply to every person, they may be an indication of intoxication:
- • Bloodshot eyes;
- • Slurred or incoherent speech;
- • Difficulty expressing a thought;
- • Falling down, or stumbling;
- • Obvious changes in behavior;
- • Struggling to accomplish a simple task;
- • Poor coordination;
- • Impaired judgment or a lack of tact when speaking and
- • Slower reaction times.
Information on the Pennsylvania Dram Shop Law
In some states, lack of evidence of certification or appropriate training for bartenders and servers has been used as a statutory defense to similar dram shop laws, however there is no such defense in Pennsylvania. As a result, most Pennsylvania trial courts have stricken allegations related to failure to train or supervise staff. Pennsylvania trial courts generally apply a commonsense approach to the Dram Shop Law, which means while the bar’s practices and policies could be admissible, under certain circumstances, training and other policies do not negate the liability for serving a visibly intoxicated person.
If you have been injured by a drunk driver and you believe that the bar or establishment that served him or her is also responsible, your attorney must establish the following:
- That the drunk driver was visibly intoxicated
- That the intoxication would have been obvious to the person in the bar or establishment
- That the bar or establishment continued to serve alcohol to the intoxicated person
- That the intoxicated person had difficulty walking, slurred his or her speech, or acted in a manner that indicated obvious intoxication
- That the act of over serving the intoxicated person led to a subsequent accident with injuries
Many people wonder why the laws of Pennsylvania allow a bar, restaurant or private establishment to be named as a defendant in addition to a lawsuit against a drunk driver. The answers may lie in the fact that owners and managers have a legal duty to serve alcohol in a responsible manner. If they fail to do so, they must be held accountable. Further, in many cases, the individual who was intoxicated may simply not have adequate insurance or financial resources which would allow them to fully compensate the injured person or persons. Medical care and treatment following a drunk driving accident can be quite expensive.
Injuries from Drunk Driving Accidents in West Chester, PA
Drunk driving accidents are among the most devastating types of motor vehicle collisions, often resulting in life-changing injuries and unimaginable losses. For residents of West Chester, PA, these senseless accidents not only cause physical and emotional pain but also leave victims grappling with financial instability. Understanding the implications of drunk driving accidents, the importance of immediate medical treatment, and the need for experienced legal representation are crucial steps toward recovery and justice.
Whether you’re driving during rush hour through Chester County or taking a short trip to grab groceries, the risks posed by drunk drivers remain alarmingly high. If you’ve been injured in a drunk driving accident, it’s essential to know your rights and how the right injury lawyer can help. With his proven success, local expertise, and commitment to clients, Lee Ciccarelli stands out as the advocate West Chester residents can count on.
The Prevalence of Drunk Driving Accidents in Chester County
Sadly, drunk driving continues to pose a major threat to road safety across Pennsylvania. Every year, thousands of accidents involving intoxicated drivers result in severe injuries and fatalities, leaving victims and their families struggling to move forward. West Chester, a bustling area in Chester County, is no exception to these troubling statistics. Despite law enforcement efforts and public awareness campaigns, reckless individuals still make the dangerous decision to get behind the wheel while impaired.
If you’re commuting through busy traffic or navigating quieter back roads, the threat of encountering a drunk driver is always present. These accidents are often preventable, making the consequences even more frustrating and heartbreaking. When a drunk driver’s negligence leads to injury, it’s important to act swiftly and hold them accountable.
Causes Behind Drunk Driving Collisions
Drunk driving accidents are fueled by impaired judgment, slowed reaction times, and reduced motor skills. Alcohol consumption negatively impacts a driver’s ability to make decisions, judge distances, and respond to changing road conditions, all of which are critical to safe driving. Common scenarios leading to drunk driving accidents include:
- Driving through heavily trafficked intersections
- Failing to yield or obey traffic signals
- Driving too fast or erratically on winding back roads
- Colliding with parked vehicles in local neighborhoods
- Head-on crashes caused by swerving into oncoming traffic
The decisions made by drunk drivers are reckless, selfish, and entirely avoidable, making the resulting injuries even more tragic for victims.
Drunk Driving Accidents are often Severe
When a drunk driver has injured you or someone you love, it is important to understand the severity of these injuries. Drunk driving accidents are often severe and may require years of hospitalization, rehabilitation, and long-term care. In some cases, accident victims are never able to fully recover, leading to the loss of employment, hobbies, and overall quality of life. When this occurs, drunk driving accident victims should be compensated for their losses – to ensure that they do not have to also assume the financial burdens of living with their injuries.
Serious Injuries Commonly Seen in Drunk Driving Accidents
Drunk driving accidents often result in catastrophic injuries that can alter the course of a victim’s life. These accidents occur with such unpredictability and force that victims are rarely able to brace for impact. The result is a wide range of serious injuries, such as:
1. Traumatic Brain Injuries (TBI)
Brain injuries are common in high-impact collisions. Victims may experience symptoms ranging from memory loss and confusion to permanent cognitive impairments. TBIs often require years of therapy and rehabilitation—and some victims may never fully recover.
2. Spinal Cord Injuries
A drunk driving accident can cause devastating damage to the spine, including partial or total paralysis. These lifelong injuries impose significant physical, emotional, and financial burdens on victims and their loved ones.
3. Broken Bones and Fractures
Collisions involving drunk drivers frequently result in broken or shattered bones, especially in the arms, legs, and ribs. These injuries often require surgeries, extensive physical therapy, and leave victims unable to work for months.
4. Internal Injuries
Organ damage, internal bleeding, and punctured lungs are just a few examples of the severe internal injuries caused by drunk driving accidents. These conditions are life-threatening and demand immediate medical attention.
5. Whiplash and Neck Injuries
Even low-speed drunk driving accidents can result in painful whiplash or neck injuries. These injuries may seem minor at first but could result in chronic pain if not treated properly.
6. Facial Injuries and Scarring
Victims may sustain facial fractures, disfigurement, or severe lacerations in a collision. Such injuries require reconstructive surgery and leave long-term physical and emotional scars.
7. Wrongful Death
Tragically, some drunk driving accidents result in fatal injuries. Families must grapple with the sudden loss of their loved one, often coupled with tremendous financial strain.
The Importance of Prompt Medical Care
Following a drunk driving accident, seeking immediate medical care is critical—even if your injuries seem minor at first. Many injuries, such as internal bleeding or TBIs, may not display symptoms immediately but can worsen without prompt treatment. Here’s why medical attention is so essential:
- It ensures potentially life-threatening injuries are identified and treated quickly.
- It establishes a documented record of your injuries for legal purposes.
- It prevents insurance companies from denying or undervaluing your claim by alleging your injuries weren’t severe.
Beyond the physical recovery phase, having comprehensive medical records provides a strong foundation for building your case during settlement negotiations or litigation.
Why You Need an Experienced Injury Lawyer
Drunk driving accidents often lead to complex legal claims, especially when establishments that served alcohol (under Pennsylvania Dram Shop Laws) are involved. Navigating this legal landscape without the right guidance can leave victims vulnerable to lowball offers from insurance companies or incomplete compensation.
Experienced injury lawyers are equipped to handle every aspect of your case, from gathering compelling evidence to negotiating fiercely with insurers. Key reasons to seek expert legal assistance include:
- Accurate Valuation of Damages: An experienced attorney ensures all your damages—physical, emotional, and financial—are fully accounted for.
- Proving Liability: To hold a drunk driver or establishment accountable, evidence such as security footage, toxicology reports, and witness testimony must be meticulously compiled.
- Handling Insurance Companies: Injury lawyers have the skills to counter aggressive tactics employed by insurers to minimize payouts.
- Maximizing Settlements: With a professional leading your case, you’re more likely to receive appropriate compensation to cover medical costs, lost wages, and pain and suffering.
Why Lee Ciccarelli Is the Right Lawyer for Your Case
When it comes to successfully handling drunk driving accident cases in West Chester, PA, Lee Ciccarelli has earned a reputation for excellence. Here’s why he stands out:
1. Proven Track Record of Success
Lee Ciccarelli and his legal team have recovered millions of dollars in settlements and verdicts for injury victims. This exceptional track record highlights their ability to secure the compensation clients deserve.
2. National Recognition for Excellence
Recognized by Super Lawyers and other prestigious legal organizations, Lee Ciccarelli demonstrates both the expertise and peer respect that few attorneys achieve. His accolades underscore his commitment to delivering superior legal representation.
3. Community-Focused Advocacy
As a West Chester-based law firm, Ciccarelli Law Offices takes pride in serving the Chester County community. Clients benefit from a deep understanding of the local court systems, as well as legal counsel tailored to their unique needs.
4. Client-Centered Approach
Lee Ciccarelli prioritizes clear communication and client support throughout every stage of the legal process. From your initial consultation to the resolution of your case, you can count on a compassionate, professional, and highly skilled team by your side.
Take the First Step Toward Justice
When an intoxicated driver’s actions leave you or your loved one injured, the consequences can be life-altering. Seeking legal representation is one of the most important decisions you can make after a drunk driving accident. Lee Ciccarelli and his team have the skills, resources, and dedication to ensure those responsible are held accountable and that you receive the compensation you need to rebuild your life.
If you have been injured by a drunk driver in Pennsylvania, it is crucial you speak to an experienced Pennsylvania DUI attorney in order to ensure your rights are protected and your future holds some hope. We can help you obtain the money you need to fully recover and will hold ALL parties accountable for your accident.
The DUI accident attorneys of Ciccarelli Law Offices have successfully represented individuals throughout the state of Pennsylvania that have been injured in drunk driving accidents. Our Chester County based law firm is based at 304 North High Street, West Chester PA 19380 and serves clients in Kennett Square, Downingtown, West Chester, Coatesville, Exton, Chester Springs, Chadds Ford, Landenberg, Honey Brook, Oxford, Lancaster, King of Prussia, Reading, Media, Malvern, Parkesburg, Phoenixville and Paoli. Contact us now at (610) 692-8700 or call toll free (877) 529-2422. Don’t wait—contact an attorney immediately.
Contact Ciccarelli Law Offices Today
At Ciccarelli Law Offices, we’re passionate about protecting the rights of drunk driving accident victims in West Chester, PA. Call us today at (610) 692-8700 or toll-free at (877) 529-2422 to schedule your free consultation. You can also visit our office at 304 North High Street, West Chester, PA, 19380. Don’t wait—your future depends on taking decisive action now.