Reading Drunk Driver Accident Attorney
A drunk driving accident in Reading, Pennsylvania, can devastate your life in seconds. The drunk driver who hit you will face criminal charges, but those proceedings won’t pay your medical bills, replace your lost wages, or compensate you for the trauma you’ve endured.
While prosecutors handle the criminal case, you need an experienced Reading drunk driver accident lawyer fighting for your financial recovery through the civil courts.
Pennsylvania law gives you the right to pursue compensation from drunk drivers, but insurance companies start working against you immediately. They know drunk driving cases often involve severe injuries and substantial damages, so they move quickly to minimize what they pay.
Without experienced legal representation from our experienced drunk driver accident attorneys in Reading, you risk accepting far less than you deserve or saying something that damages your case.
Drunk driving cases are among the most serious we handle; however, at Wilk Law Personal Injury & Car Accident Lawyers we know how to build cases that account for both your immediate needs and long-term recovery.
Our team is dedicated to holding drunk drivers and their insurance companies accountable for the harm they cause.
Why Hire a Drunk Driver Accident Lawyer in Reading, PA, Today?
After a drunk driving crash, time works against you. The drunk driver will face criminal charges, but that doesn’t help you pay medical bills or replace lost income.
While you’re trying to rest and get medical care, insurance companies are already working to protect their profits. They may call you within hours of the crash, pushing for a quick settlement before you know the true cost of your injuries.
Here’s how we protect you from the start:
- Free consultation: We evaluate your case at no cost and explain your rights without any obligation.
- Evidence preservation: Critical proof like blood alcohol test results and witness statements disappear quickly.
- Insurance protection: We handle all insurance company calls so you can’t be tricked into saying something that hurts your case.
The sooner you contact our experienced Reading drunk driver accident attorneys, the stronger your case becomes.
Why Choose Wilk Law Personal Injury & Car Accident Lawyers for a DUI Crash Claim?
We only represent injured people, never insurance companies. This means we fight exclusively for victims like you. Our skilled attorneys handle your case personally, not a paralegal or assistant like at bigger firms.
In addition, we focus solely on personal injury law. This specialization gives us deep knowledge of Pennsylvania’s drunk driving laws and how to maximize your compensation. Every case gets our full attention because we limit how many clients we take on.
You also don’t have to worry about legal fees while you recover. We advance all costs for investigating your accident and building your claim. If we don’t recover money for you, you owe us nothing.
What Should I Do After a Drunk Driving Accident in Reading?
Your actions right after the crash protect both your health and your legal rights. Even if you feel shaken up, try to stay focused on these steps.
- Call 911 first. Tell the dispatcher you think the other driver might be drunk. Police need to arrive quickly to test the driver’s blood alcohol level before it drops.
- Get medical attention even if you feel okay. Adrenaline masks pain and injury symptoms. Some serious injuries, like brain trauma, don’t show symptoms for hours or days.
- Document what you can. If it is safe, take photos of both vehicles, the accident scene, and any visible injuries.
Note signs of intoxication:
- Smell of beer, wine, or liquor on the driver or in their car
- Bloodshot eyes, unsteady walking, or difficulty standing
- Slurred words or confusion about basic questions
- Beer cans, wine bottles, or liquor bottles visible in their vehicle
Finally, contact our legal team at Wilk Law Personal Injury & Car Accident Lawyers before talking to any insurance company. We protect you from saying something that could hurt your case later.
Who Is Liable After a Drunk Driving Crash in Pennsylvania?
The drunk driver faces criminal charges, but your injury claim is separate. The outcome of the criminal case doesn’t control your right to compensation; you can still pursue money damages even if the criminal case is still pending.
Because driving under the influence is a clear violation of Pennsylvania law, it often creates a strong basis for proving negligence. Courts recognize that anyone who chooses to drive drunk is knowingly putting others in danger, and that conduct supports holding the driver financially accountable for your injuries.
That’s where we step in. Our personal injury lawyers in Reading investigate every possible source of compensation. Multiple parties might share responsibility for your injuries.
- Drunk Driver – primary liability for choosing to drive impaired
- Employer – If driver was working or in company vehicle
- Bar/Restaurant – Overserving visibly intoxicated patron
- Vehicle Owner – Negligent entrustment to impaired driver
Sometimes employers are liable if their worker caused the crash while on the job. Vehicle owners can also be responsible if they let someone they knew was drunk drive their car, a principle that applies in many car accident cases.
Can I Sue a Bar in Reading Under Pennsylvania’s Dram Shop Law?
Pennsylvania’s Dram Shop Law lets you sue bars and restaurants that overserve drunk customers. The law applies when a business serves alcohol to someone who is visibly intoxicated and that person later causes an accident.
To win a dram shop claim, you must prove the establishment knew or should have known the person was drunk. Signs of visible intoxication include stumbling, slurred speech, or aggressive behavior.
Our Reading drunk driver accident attorneys gather evidence to prove dram shop liability. We collect bar receipts, credit card statements, and surveillance video from the establishment. Witness testimony from other customers or employees often helps prove the driver was visibly drunk.
Expert witnesses can analyze the driver’s blood alcohol level and calculate how much they drank at each location. This helps prove which bar or restaurant bears responsibility.
You have two years from the accident date to file a dram shop claim. Don’t wait because evidence disappears and witnesses forget important details.
Does Limited Tort Still Allow a DUI Injury Lawsuit in Pennsylvania?
Yes, drunk driving is a major exception to Pennsylvania’s limited tort rules. Even with limited tort insurance, you can sue for pain and suffering if the other driver is convicted of DUI or enters ARD (Accelerated Rehabilitative Disposition).
Limited tort costs less but typically restricts your right to recover non-economic damages like pain and suffering, unless you’ve suffered a “serious injury” under Pennsylvania law.
By contrast, full tort insurance costs more but lets you sue for pain and suffering for any injury. Most people choose limited tort to save money on premiums.
Other limited tort exceptions include:
- Serious injury: Permanent disfigurement, broken bones, or significant impairment.
- Out-of-state vehicles: Driver lives in another state with different insurance laws.
- Pedestrian accident victims: You were walking when hit by a vehicle.
A Reading car accident lawyer reviews your insurance policy and explains exactly what damages you can recover.
How Does Insurance Work After a DUI Crash in Reading?
Your own insurance pays first through Personal Injury Protection benefits. PIP covers medical bills and lost wages up to your policy limits, regardless of who caused the crash.
After PIP runs out, your health insurance may cover additional medical costs. Always use your health insurance if PIP doesn’t cover everything.
Uninsured Motorist coverage protects you if the drunk driver had no insurance or fled the scene. This coverage also applies if their policy limits are too low to cover your damages. Our car accident attorneys in Reading help maximize all available insurance benefits.
What If I Was Partly at Fault for the Crash?
Even if you share some fault, you can still recover compensation. Pennsylvania follows the 51% rule, which means you can collect damages as long as you’re 50% or less at fault.
Your compensation will be reduced by your percentage of fault. For example, if you were 20% responsible, your damages are reduced by 20%. However, because drunk driving is considered extremely reckless, courts typically assign most of the fault to the intoxicated driver.
Common examples where victims might share fault include running a red light or making an illegal turn. Even then, the drunk driver usually bears most of the responsibility.
What Compensation Can I Recover After a DUI Crash?
Drunk driving accidents often cause severe injuries and major financial losses. You deserve compensation for every way the crash has affected your life.
Economic damages cover your financial losses with specific dollar amounts. These include current and future medical bills, lost wages from missing work, and property damage to your vehicle.
Medical expenses often become the largest part of your claim. Emergency room visits, surgeries, physical therapy, and prescription medications all count as recoverable damages.
Lost wages include both time you’ve already missed and future income you can’t earn due to your injuries. If you can’t return to your old job due to catastrophic injuries, we calculate the difference in earning capacity.
On the other hand, non-economic damages compensate for pain, suffering, and emotional trauma. These losses don’t have receipts but are just as real as medical bills. Our attorneys know how to value these damages fairly.
Are Punitive Damages Available in DUI Crash Cases?
Pennsylvania courts often award punitive damages in drunk driving cases. These damages punish the drunk driver for their reckless behavior and discourage future drunk driving.
Punitive damages are separate from compensation for your injuries. The court considers factors like the driver’s blood alcohol level and whether they have prior DUI convictions.
What If the Drunk Driver Fled the Scene?
Hit-and-run crashes create additional challenges but don’t eliminate your right to compensation. Police will investigate to find the driver, but you need to act quickly to protect evidence.
Take these steps immediately:
- Call 911 and report the hit-and-run to police.
- Get contact information from any witnesses who saw the vehicle or driver.
- Look for security cameras at nearby businesses or homes.
- Contact your insurance company about Uninsured Motorist coverage.
Your Uninsured Motorist coverage pays for your injuries if the drunk driver can’t be found or has no insurance. A personal injury attorney in Reading, PA, helps you navigate these complex claims.
How Our Reading Drunk Driver Accident Lawyers Assist With Your Claim
We handle every aspect of your case so you can focus on healing. Our experience with drunk driving cases means we know exactly what evidence to gather and how to build the strongest possible claim.
We act fast to collect:
- Police reports: Official accident documentation and officer observations about intoxication.
- BAC results: Blood or breath test results proving legal intoxication.
- Witness statements: Testimony from people who saw the driver’s impaired behavior.
- Expert analysis: Accident reconstruction and medical testimony about your injuries.
We also coordinate with your doctors to document your injuries and treatment needs. Medical records prove the extent of your damages and support your claim for compensation.
Insurance companies know we’re prepared to go to trial if they won’t offer a fair settlement. Most cases settle out of court, but our trial preparation gives us leverage in negotiations.
How Long Do I Have to File a DUI Injury Claim in Pennsylvania?
Pennsylvania gives you two years from the accident date to file a personal injury lawsuit. This statute of limitations deadline is strict, and missing it usually means losing your right to compensation forever.
That’s why it’s critical to contact a lawyer as soon as possible. Evidence disappears quickly, witnesses forget important details, and insurance companies have their own reporting deadlines that can affect your claim.
Certain exceptions may extend the two-year deadline. For example, if the victim was a minor when injured, the clock might not start until they turn 18. These exceptions are rare and complicated, so get legal advice promptly.
Our legal team at Wilk Law Personal Injury & Car Accident Lawyers protects your rights from day one and ensures all deadlines are met.
How Much Does It Cost to Hire Our Reading DUI Accident Lawyer?
You pay nothing upfront to hire our firm. We work on contingency fees, which means our payment comes from your settlement or court award.
We advance all case costs, including expert witnesses, medical record fees, and court filing costs. If we don’t win your case, you don’t owe us anything for these expenses.
This arrangement lets you afford quality legal representation regardless of your financial situation. We only get paid when you get paid.
Free Consultation With a Reading Drunk Driver Accident Lawyer
You don’t have to handle a drunk driving accident claim alone. Our legal team offers free consultations to discuss your case and explain your options.
During your consultation, we listen to what happened and answer all your questions. We explain Pennsylvania law in plain English and tell you honestly whether you have a strong case.
There’s no pressure and no obligation. We want you to make an informed decision about your legal rights.
DUI Accident FAQs
Can I Sue a Drunk Driver Even With Limited Tort Insurance?
Yes, drunk driving is a specific exception to Pennsylvania’s limited tort restrictions. You can pursue pain and suffering damages even if you chose limited tort coverage to save money on premiums.
Are Punitive Damages Available Against Drunk Drivers in Pennsylvania?
Yes, courts may award punitive damages in drunk driving cases to punish reckless behavior. These damages are separate from compensation for your medical bills and other losses.
Do I Have to Wait for Criminal Charges Before Filing My Injury Claim?
No, your civil injury case is completely separate from any criminal prosecution. We can start working on your compensation claim immediately while the criminal case proceeds.
Can I Sue the Bar That Served the Drunk Driver?
Yes, Pennsylvania’s Dram Shop Act allows claims against establishments that serve visibly intoxicated patrons. We must prove the business knew or should have known the person was drunk when they continued serving alcohol.
What If the Drunk Driver Had No Insurance or Fled the Scene?
Your own Uninsured/Underinsured Motorist coverage should cover your damages in this situation. We help you navigate these claims and explore all available insurance policies.
How Much Do Wilk Law Personal Injury & Car Accident Lawyers Charge?
We work on contingency fees, meaning you pay no attorney fees unless we win your case. Initial consultations are always free, and we advance all case costs.