If you are injured in a drunk driving accident in Bala Cynwyd, you may not know what legal steps are available to you to recover damages for any harm you sustained. The diligent car accident attorneys at Lowenthal & Abrams can investigate your case to see if you may be compensated for your medical costs, property damage, lost wages at work, and pain and suffering.
The legal process may seem daunting and complicated after you have been hurt in an auto collision with a drunk driver. Our lawyers are here to represent your interests while you focus on recovering.
Understanding Drunk Driving Laws
Pennsylvania’s drunk driving laws are strict. The blood alcohol concentration (BAC) limit is 0.08% for all vehicle operators 21 and over. More specifically, for truck drivers, the limit is even less at 0.04%. For any drivers under 21, any detectable blood alcohol concentration is against the law.
Several relevant factors are considered in determining penalties for a drunk driving car wreck in Bala Cynwyd, such as the motor vehicle operator’s blood alcohol concentration, the number of previous offenses, and whether there were any children in the car. There are three blood alcohol concentration levels: general impairment (from .08% to .099%), high blood alcohol content (.10% to .159%), and the highest (.16% to above). Criminal penalties for drunk driving may include fines, license suspension, required alcohol education classes, community service, probation, and even imprisonment.
Damages in a Drunk Driving Accident
Our Bala Cynwyd attorneys understand the type of damage that a severe drunk driving car crash can inflict on a person and their family. Although there is no exact formula for a car accident award, different factors are considered, such as the severity of the injury, cost of medical treatment, impact on the quality of life, and lost wages. Common types of compensation may include:
Pain and Suffering
Pain and suffering relates to the physical and emotional distress experienced by an injured party as a result of an accident, such as anxiety, depression, and post-traumatic stress disorder. Our attorneys are here to ensure that your suffering gets full compensation in a claim.
Loss of Consortium
A loss of consortium is a type of damage award appearing in personal injury cases that compensates a family member for the loss of support, companionship, and affection due to the injury or death of a loved one. This theory establishes that when an individual is injured due to the negligence or intentional conduct of another, their family members also suffer losses.
Punitive Damages
A car accident case can also involve a punitive damages claim. Punitive damage awards go beyond compensatory damages because they exist to penalize the injuring party and to prevent similar conduct in the future. Punitive damages are not given out for common negligence cases. Rather, they are provided when a defendant’s act is particularly egregious, reckless, or intentional.
Statute of Limitations
The clock to file a claim starts ticking immediately following an accident. If a person waits too long to file a lawsuit, they may lose their right to seek compensation. In Pennsylvania, the statute of limitations for personal injury cases is generally two years from the date of the injury. For property damage claims, the statute of limitations is also two years.
There may be exceptions to the rule. For example, if the case involves a minor or the injury is not discovered immediately, the statute of limitations may be extended. A Bala Cynwyd attorney can investigate all the facts of a case to help an injured person achieve the maximum compensation available for a drunk driving auto collision.
Let a Bala Cynwyd Attorney Help You Pursue Compensation After a Drunk Driving Car Crash Today
When you have been injured in a drunk driving car accident in Bala Cynwyd, our lawyers can provide you with the support and representation you need. We will tirelessly advocate for you to ensure you receive the compensation you deserve.
Let us help you understand your rights and options for pursuing a claim. Please contact us today to schedule a consultation.