No fee until we win
Free consultations
Menu

Allentown Drunk Driver Accident Attorney

drunk driver accident lawyer in allentown pennsylvania

After an injury caused by an intoxicated driver, our experienced Allentown drunk driver accident lawyers handle the complex legal battle ahead—from tracking down bar surveillance footage to fighting insurance companies that want to minimize what they pay.

At Wilk Law Personal Injury & Car Accident Lawyers, we represent drunk driving victims in Allentown and the Lehigh Valley in pursuing the compensation they deserve.

These cases demand immediate action because critical evidence—breathalyzer results, witness accounts, security camera footage—can disappear within days. Our drunk driver accident attorneys in Allentown, Pennsylvania move fast to preserve this proof while you concentrate on your recovery.

You shouldn’t pay for someone else’s reckless decision. Pennsylvania law recognizes that drunk driving victims deserve more than standard accident compensation, including potential punitive damages to punish a drunk driver’s extreme negligence.

We investigate every responsible party—not just the driver, but potentially the bar or restaurant that overserved them—to maximize your recovery options.

 


Have you been injured in a car accident caused by a drunk driver in Allentown, Pennsylvania? Our legal team is available 24 hours a day, 7 days a week to assist. Call (855) 946-3678 now for a free consultation.


 

Why Hire an Allentown Drunk Driver Accident Lawyer Now?

After a drunk driving accident, evidence disappears fast. Bar surveillance videos get erased, witnesses move away, and crash scene details fade from memory. While you focus on recovery, insurance companies immediately start building defenses to minimize your compensation.

We preserve critical evidence right away and protect your rights from day one. At Wilk Law Personal Injury & Car Accident Lawyers, you pay no legal fees unless we win your case.

Time-sensitive evidence includes breath test results, police bodycam footage, and witness statements that can vanish within days. Insurance adjusters may contact you within hours, hoping to get recorded statements they can use against you later.

Need immediate help after a drunk driving crash in Allentown? Contact Wilk Law Personal Injury & Car Accident Lawyers today for your free consultation.

Why Are Drunk Driver Cases Different From Other Car Crashes?

Drunk driving accidents create unique legal situations not found in typical car crashes. These cases involve both criminal charges against the driver and civil compensation claims for victims.

The criminal case aims to punish the drunk driver through fines, license suspension, or jail time. Your civil case seeks financial compensation for medical bills, lost wages, and pain and suffering. These are completely separate legal processes.

  • Enhanced Evidence: DUI cases generate powerful proof including Blood Alcohol Content test results, arrest records, and field sobriety footage
  • Multiple Defendants: Bars, restaurants, or social hosts may share liability beyond just the drunk driver
  • Punitive Damages: Courts may award extra money specifically to punish extremely reckless behavior
  • Stronger Negligence Claims: Driving drunk is considered gross negligence, making liability easier to prove

Does the DUI Criminal Case Help Your Civil Injury Claim?

You don’t need to wait for criminal conviction to file your injury claim. A DUI conviction provides strong evidence of negligence, but it’s not required to win compensation.

Criminal evidence like arrest reports and breath test results strengthens your civil case significantly. However, you can pursue damages even if criminal charges are reduced or dismissed.

We use evidence from the criminal investigation while building your compensation case independently. This dual approach maximizes your chances of full recovery.

What Compensation Can You Recover After a DUI Crash in Allentown?

Drunk driving victims deserve compensation for every loss they suffer. Pennsylvania law allows recovery of both economic damages for financial losses and non-economic damages for personal suffering.

Economic damages cover measurable financial harm from the accident. This includes all medical treatment at facilities like Lehigh Valley Hospital, from emergency care through long-term rehabilitation.

Lost income compensation covers time missed from work plus reduced future earning capacity if injuries prevent returning to your previous job. Property damage includes vehicle repair or replacement costs.

Non-economic damages address the personal impact on your life. Physical pain and suffering compensation accounts for ongoing discomfort and limitations.

  • Medical Expenses: Emergency treatment, surgery, rehabilitation, and future medical needs
  • Lost Wages: Time off work and reduced earning capacity
  • Pain and Suffering: Physical discomfort and emotional distress
  • Property Damage: Vehicle repair or replacement costs
  • Disability: Permanent limitations affecting daily activities

Can You Get Punitive Damages Against a Drunk Driver?

Yes, Pennsylvania courts award punitive damages in drunk driving cases. These damages punish the driver for extremely reckless conduct and deter similar behavior.

Punitive damages are awarded in addition to compensation for your actual losses. The amount depends on the severity of the driver’s conduct and their financial situation.

Who Else Can Be Liable Besides the Drunk Driver?

Pennsylvania’s Dram Shop Law holds alcohol-serving establishments responsible for overserving visibly intoxicated customers. Multiple parties may share liability for your injuries.

Bars and restaurants face liability when they continue serving alcohol to obviously drunk patrons who then cause accidents. Social hosts can be held responsible for providing alcohol to minors who drive drunk.

Vehicle owners who knowingly let intoxicated people drive their cars may also face liability. We investigate all potential defendants to maximize your recovery options.

The drunk driver bears primary responsibility for causing the accident and typically carries auto insurance coverage. However, their policy limits may not fully cover your damages—especially when injuries are severe.

How Do We Prove a Bar or Restaurant Overserved?

Proving overservice requires specific evidence showing the establishment knew or should have known the patron was intoxicated. Our Allentown drunk driver accident lawyers gather receipts, surveillance footage, and witness statements to build this case.

Staff training records reveal whether employees were properly educated about responsible alcohol service. Credit card receipts show the amount and timing of alcohol purchases.

How We Prove the Driver Was Impaired and Caused the Crash

Strong evidence is essential for proving liability and winning drunk driving cases. We collect police reports, breath test results, and witness statements immediately after accidents.

Dashcam and bodycam footage often captures the driver’s behavior and field sobriety tests. Medical records link your specific injuries directly to the collision impact.

Accident reconstruction experts analyze crash dynamics when liability is disputed. This scientific evidence proves how the drunk driver’s actions caused your injuries.

  • Police Evidence: Arrest reports, breath test results, and officer observations
  • Video Footage: Dashcam, bodycam, and surveillance recordings
  • Witness Statements: Accounts from people who saw the accident or driver’s behavior
  • Medical Records: Documentation linking injuries to the crash
  • Expert Analysis: Accident reconstruction and impairment assessments

Who Pays After a Drunk Driver Hits You, and How Does Uninsured Motorist Coverage Help?

The drunk driver’s auto insurance typically pays first for your damages. However, many drunk drivers lack adequate insurance coverage or drive without insurance entirely.

Uninsured/Underinsured Motorist coverage on your own policy provides backup protection. This coverage pays when the at-fault driver has no insurance or insufficient limits.

Your insurance company steps in to cover medical bills, lost wages, and other damages up to your policy limits. This protection is especially valuable given that drunk drivers often carry minimal insurance.

Do Limited vs Full Tort Rules Affect DUI Crash Claims?

Pennsylvania’s tort election affects your right to sue for pain and suffering. Limited tort restricts this right unless you suffer serious injuries.

Drunk driving accidents often result in serious injuries that override limited tort restrictions. Broken bones, permanent scarring, and significant impairment typically qualify as serious under Pennsylvania law.

Full tort coverage preserves an unrestricted right to seek compensation for pain and suffering and other noneconomic damages regardless of injury severity. We help determine which tort option applies to your specific situation.

What if You Are Alleged Partially at Fault in a DUI Crash?

Pennsylvania’s comparative negligence law allows recovery even if you share some blame. You can collect damages as long as you’re 50% or less at fault.

Your final award is reduced by your percentage of fault; if you’re 20% responsible, you receive 80% of the total damages awarded.

Insurance companies often try to shift blame to reduce payouts. We fight these tactics and prove the drunk driver bears primary responsibility for the accident.

What Should You Do Immediately After an Allentown DUI Crash?

Quick action after a drunk driving accident protects your health and legal rights. The steps you take immediately can significantly impact your case outcome.

Get to Safety and Call 911

Move to a safe location if possible and always call police. Law enforcement must respond to document the scene and investigate potential DUI charges.

Police officers will conduct field sobriety tests and arrange breath or blood testing. This creates official records essential for your injury claim.

Get Medical Care and Follow Doctor’s Orders

Seek immediate medical attention even if you feel fine initially. Some serious injuries like brain trauma don’t show symptoms right away.

Following your doctor’s treatment plan creates clear documentation linking your injuries to the crash. Skipping appointments gives insurance companies ammunition to dispute your claims.

Preserve Photos, Names, and Witness Details

Take pictures of vehicle damage, the accident scene, and your visible injuries. Get contact information from the other driver and any witnesses.

Document road conditions, traffic signals, and any evidence of alcohol consumption like beer bottles in the other vehicle. This evidence may disappear quickly.

Do Not Give Recorded Statements to Insurance Companies

The drunk driver’s insurance company will likely contact you for a recorded statement. Politely decline and refer them to your attorney.

These companies use recorded statements to find inconsistencies or admissions they can use against you later. Let us handle all insurance communications.

Call Wilk Law Personal Injury & Car Accident Lawyers

Contact our firm immediately to protect your rights. We take over all insurance communications and begin investigating your case right away.

Early attorney involvement preserves evidence and prevents insurance company tactics that could harm your claim.

What Is the Deadline to File a DUI Crash Claim in Pennsylvania?

Under Pennsylvania law, you have two years from the date of the accident to file a personal injury lawsuit. Missing this deadline permanently bars your right to compensation.

Some cases involving government entities require notice within six months. If a drunk driver hits you near a poorly designed intersection, the municipality may share liability.

Filing early preserves evidence and witness memories while they’re still fresh. Insurance companies also take cases more seriously when attorneys are involved from the beginning.

Proven Results for DUI Crash Victims

Wilk Law Personal Injury & Car Accident Lawyers has successfully recovered millions for drunk driving accident victims. Attorney Tyler Wilk brings extensive experience to every case.

Our firm understands the unique challenges of drunk driving cases and fights aggressively for maximum compensation. We hold negligent drivers and establishments accountable for their actions.

Previous clients have recovered substantial settlements for medical bills, lost income, and pain and suffering. Each case is unique, but our track record demonstrates our commitment to results.

Free Consultation With an Allentown DUI Accident Lawyer

You shouldn’t bear the financial burden of someone else’s reckless decision to drive drunk. Our Allentown car accident lawyers provide free consultations to discuss your case and explain your legal options.

We serve the entire Lehigh Valley and work on contingency fees. You pay nothing unless we recover compensation for your injuries.

Our team handles everything from evidence gathering to insurance negotiations while you focus on recovery. Contact us today to learn how we can help.

DUI Accident FAQs

Can I Get Punitive Damages if a Drunk Driver Hit Me in Allentown?

Yes, Pennsylvania law allows punitive damages in drunk driving cases to punish extremely reckless behavior. Courts award these damages in addition to compensation for your actual losses.

Does a DUI Conviction Guarantee I Win My Civil Injury Case?

A criminal conviction provides strong evidence of negligence but doesn’t automatically win your civil case. You must still prove the driver caused your specific injuries and calculate your total damages.

Can I Sue the Bar That Overserved the Drunk Driver?

Yes, Pennsylvania’s Dram Shop Law allows claims against establishments that serve alcohol to visibly intoxicated patrons who then cause accidents. We investigate all potential sources of compensation.

What if the Drunk Driver Was Uninsured or Fled the Scene?

Your Uninsured/Underinsured Motorist coverage can compensate you when drunk drivers lack adequate insurance. We also investigate hit-and-run crashes to identify responsible parties.

Do Limited Tort Insurance Choices Limit My DUI Crash Claim?

Limited tort victims can still recover pain and suffering damages if they suffer serious injuries. Drunk driving accidents often result in catastrophic injuries that meet Pennsylvania’s serious injury threshold.

How Soon Should I Call a Lawyer After a DUI Crash in Allentown?

Call immediately after receiving medical care. Critical evidence disappears quickly, and insurance companies start building defenses within hours of accidents.

Will I Need to Testify in the Criminal Case to Win Civil Damages?

Usually not. Civil and criminal cases are separate legal proceedings. While prosecutors may request your cooperation, testifying isn’t typically required for recovering compensation.