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Operating any kind of motor vehicle with a blood alcohol concentration (BAC) of 0.08 percent or more is a criminal offense that can lead to steep fines, license restrictions, and even jail time. Unfortunately, many motorists continue to make reckless decisions behind the wheel, and these punishments cannot undo the damage a drunk driver causes. This is where both insurance and the civil court system are supposed to step in, allowing those injured by drunk drivers to demand financial compensation for their losses.
Having representation from a skilled car accident attorney is crucial to getting the best possible result from your case. If a drunk driving car accident in Erie leaves you with serious injuries you did nothing to deserve, call Lowenthal & Abrams, Injury Attorneys, for dedicated legal support.
Are Drunk Drivers Always Liable for Car Crashes?
Drunk driving is against Pennsylvania law for every person in every situation, so it qualifies as a de facto “breach” in the “duty of care” all drivers have to act lawfully and responsibly behind the wheel. Proving that such a “breach of duty” was the main and direct cause of an accident is an element of “negligence,” the foundation of virtually every personal injury case. Therefore, showing that a driver involved in an Erie car crash was driving under the influence can be extremely strong evidence indicating that the driver is liable for all resulting harm.
In addition, proving that a drunk driver was responsible for a particular wreck can allow someone with “limited tort” insurance coverage to file a lawsuit for “full tort” coverage when state law might otherwise have prevented them from doing so. This is because getting hurt due to a drunk driver’s negligence is one of a limited number of scenarios where Pennsylvania’s “limited tort” laws do not apply, just like suffering a “serious injury” would be under other circumstances. “Full tort” coverage allows injured individuals to recover compensation for non-economic losses, such as pain and suffering.
Recovering for Short and Long-Term Losses
Anyone in Erie who gets hurt in a drunk driving car accident caused by someone else can pursue compensation for losses they will experience because of their injuries. On the economic side of things, this can mean recovering compensation for short-term medical bills and car repair costs, as well as for the long-term loss of working and earning capacity and expected future medical expenses.
It can be equally important to take a long-term view of “non-economic” forms of harm like physical pain and psychological distress. A skilled car accident attorney may be able to help someone injured by a drunk driver pursue compensation for pain and suffering and reduced overall quality of life.
An Erie Attorney Can Help With a Drunk Driving Car Accident Lawsuit
Driving drunk is illegal and exceptionally dangerous. This behavior absolutely qualifies as the kind of “negligence” that could give rise to a civil claim after a traffic accident. That said, knowing you have grounds to sue a drunk driver and getting the best possible result from your claim against them are two very different things.
In the wake of a drunk driving car accident in Erie, having dependable legal counsel on your side can make a substantial difference in the resolution of your case. Call Lowenthal & Abrams, Injury Attorneys, today to schedule a private initial meeting.
