Someone made a reckless choice to drink and drive, and now your family is paying the price. Our Philadelphia drunk driving accident lawyers fight for fair compensation and hold every responsible party accountable.
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How Can a Philadelphia Drunk Driving Accident Lawyer Help You and Your Family Move Forward?
A drunk driver chose to get behind the wheel, and that choice changed your life. You may be dealing with serious injuries, mounting hospital bills, and a sense of anger for paying the price for someone else's recklessness. Those feelings are valid, and you deserve more than a system that treats this like just another car accident.
The Philadelphia drunk driving accident lawyers at the Rothenberg Law Firm take these cases personally. A crash caused by an impaired driver is not a mistake or an unfortunate accident. It is the result of a decision that puts every person on the road in danger. We are here to hold every responsible party accountable and fight for full and fair compensation for you and your family.
You do not have to fight this battle alone. Our team is ready to listen, answer your questions, and guide you through what comes next.
Contact us at (800) 624-8888 or through our online contact form for a free case review.
Visit our Philadelphia office: 1420 Walnut St, Philadelphia, PA 19102 | (215) 330-6551
Your rights matter, and we are here to fight for them
Can You Sue a Drunk Driver for Injuries in Pennsylvania?
Yes, you can file a civil lawsuit against a drunk driver in Pennsylvania to recover compensation for your injuries, even if the driver also faces criminal charges. These are two separate legal actions that move through the courts independently.
The criminal case is handled by the District Attorney's office. It focuses on penalties like jail time, fines, and license suspension. A criminal conviction, however, does not put money in your pocket or pay your medical bills.
The civil case is your claim. It is filed by your attorney on your behalf to recover compensation for medical expenses, lost wages, pain and suffering, and other losses caused by the crash. Your civil claim does not depend on whether the driver is convicted under Pennsylvania's DUI laws. Even if the criminal charges are reduced or dismissed, you may still have a strong civil case.
A DUI conviction or acceptance into Pennsylvania's Accelerated Rehabilitative Disposition (ARD) program can actually strengthen your civil claim. It removes the limited tort restriction on your policy, giving you full rights to pursue all types of damages.
Who Can Be Held Liable for a Drunk Driving Accident in Philadelphia?
Drunk driving accident claims often involve more than just the impaired driver. Pennsylvania law allows victims to pursue compensation from multiple sources, and identifying every responsible party is one of the most important things your lawyer does.
| Potentially Liable Party | Legal Basis |
|---|---|
| The drunk driver | Negligence and reckless conduct for driving while impaired |
| A bar or restaurant | Pennsylvania's dram shop law if they served a visibly intoxicated patron or a minor |
| A social host | Liability if they knowingly served alcohol to a minor who later caused a crash |
| An employer | Vicarious liability if the drunk driver was operating a company vehicle or acting within the scope of employment |
What Is a Dram Shop Claim in Philadelphia?
Dram shop claims can be a critical source of compensation, especially when the drunk driver's personal auto insurance is not enough to cover serious injuries. These claims allow you to pursue damages from an establishment, such as a bar, restaurant, or nightclub, that overserved the driver who caused your accident.
Pennsylvania requires only $15,000 per person in minimum liability coverage, so the drunk driver may not have enough insurance to pay for your injuries and losses. A bar or restaurant's commercial insurance policy, by contrast, often carries limits of $1 million or more.
If someone was overserved at a bar in Center City, Northern Liberties, or Fishtown and then caused a crash, both the driver and the bar may share legal responsibility. Our lawyers move quickly to gather surveillance footage, credit card receipts, and witness accounts before that evidence disappears.
What Compensation Can You Recover After a Drunk Driving Accident in Pennsylvania?
Drunk driving accident claims often carry higher compensation potential than other car accident cases because Pennsylvania law allows punitive damages when the at-fault driver's conduct was reckless or outrageous.
| Damage Type | What It Covers |
|---|---|
| Economic damages | Medical bills, surgery costs, rehabilitation, lost wages, future earning capacity, property damage |
| Non-economic damages | Physical pain, emotional distress, anxiety, loss of enjoyment of life, scarring and disfigurement |
| Punitive damages | Additional compensation meant to punish extreme recklessness and send a message that drunk driving carries real consequences |
Pennsylvania does not cap economic or non-economic damages in drunk driving cases. Punitive damages are also available, though they are typically paid by the driver personally rather than covered by insurance.
Your injuries may require long-term care at facilities like Temple University Hospital, Jefferson Hospital, or Penn Medicine. Our lawyers work with medical professionals to document the full scope of your treatment needs, including care you may need months or years from now.
What Is My Philadelphia Drunk Driving Accident Claim Worth?
Every claim is different, and no attorney can promise a specific dollar amount before reviewing the facts of your case. However, certain factors tend to increase the value of a drunk driving accident claim.
- Severity of your injuries: Traumatic brain injuries, spinal cord damage, broken bones requiring surgery, and internal organ injuries carry the highest claim values
- Long-term impact: Injuries that limit your ability to work, care for your family, or enjoy daily life are compensated separately from medical bills
- Punitive damage potential: A driver with a high blood alcohol concentration (BAC), a history of DUI offenses, or a driver who fled the scene may face punitive damages on top of standard compensation
- Dram shop liability: If a bar or restaurant is also liable, a second insurance policy becomes available for your claim
- Available coverage: Your lawyer reviews every policy that may apply, including the drunk driver's auto insurance, your own uninsured or underinsured motorist coverage, and any commercial liability policy
Our lawyers do not settle for the first offer. We evaluate the full impact of the crash on your life and fight for a result that reflects everything you have been through.
How Does Pennsylvania's Limited Tort Rule Affect Drunk Driving Accident Claims?
Pennsylvania's limited tort option normally restricts your ability to recover compensation for pain and suffering after a car accident. However, drunk driving crashes are one of the exceptions where that restriction does not apply.
If the at-fault driver is convicted of DUI or enters the ARD program, your limited tort election is lifted. You gain full tort rights and can pursue all types of damages, including pain and suffering, emotional distress, and loss of enjoyment of life.
This exception exists because Pennsylvania law recognizes that impaired driving is not just negligent. It is a conscious act of recklessness that puts innocent people at risk. Our drunk driving accident attorneys in Philadelphia make sure this exception is applied to your claim from the start.
Why Choose the Rothenberg Law Firm for Your Philadelphia Drunk Driving Accident Claim?
Allen L. Rothenberg, Esq., founded the Rothenberg Law Firm in Philadelphia in 1969. His wife, Barbara Rothenberg, Esq., joined the firm in 1978 and leads its Philadelphia office. Together, Allen and Barbara have built a family of lawyers, with seven of their children practicing law, all driven by the same commitment to treating every client like a member of their own family.
Since its founding, Allen and his legal team have recovered billions for injured clients, including a record-breaking judgment in excess of two billion dollars. Our case results reflect more than five decades of that family-driven dedication to Philadelphia and beyond.
A Proven Track Record of Recovering Billions
Our firm has recovered billions in compensation for injured clients across more than five decades of legal work. We bring that same determination to every drunk driving accident claim. Some of our auto settlements and awards include:
- $18 million for a traumatic brain injury caused by an auto defect
- $15 million for wrongful death due to an auto product defect
- $12.2 million for wrongful death caused by an automotive defect
- $1.5 million for a driver injured in a rear-end collision
- $1.4 million for multiple surgeries following a crash
- $1.25 million for spinal injury suffered in a car accident
- $1.21 million for neck injury sustained in a car accident
- $1.08 million for leg and arm fractures in an automobile accident
While these results do not guarantee outcomes, they represent the level of commitment we bring to every case.
Trial-Ready Legal Representation
We prepare every case as if it is going to trial. Insurance companies offer better settlements when they know your lawyer will not back down. Our personal injury attorneys have tried cases in the Philadelphia Court of Common Pleas and other courtrooms throughout the Delaware Valley.
Compassionate, Client-Centered Service
We know that a drunk driving crash is not just a legal problem. It is a life-altering event that leaves emotional scars alongside physical ones. Our team connects clients with medical professionals, counselors, and other support so you are not left dealing with the fallout alone.
Nationally Recognized for Excellence
Our commitment to clients has earned recognition from organizations, including:
- Super Lawyers Selected Attorneys
- Best Lawyers Recognized Attorneys
- Best Law Firms Rankings
- AV Preeminent Attorney Rating (Martindale-Hubbell)
- Million Dollar Advocates Forum Membership
- Multi-Million Dollar Advocates Forum Membership
- National Trial Lawyers Recognition
- Top 1% of U.S. Lawyers Recognition (Litigator Awards)
- Client Champion Awards
- Avvo Client's Choice Award
A Contingency Fee Arrangement That Protects You
You pay nothing up front. We only collect a fee if we recover compensation for you. That structure removes the financial barrier that keeps many people from getting the legal help they deserve.
Ready to talk about your claim? Contact us at (800) 624-8888 or through our online contact form for a free consultation.
Visit our Philadelphia office: 1420 Walnut St, Philadelphia, PA 19102 | (215) 330-6551
Ask the Rothenberg Law Firm About Drunk Driving Accidents in Philadelphia
Q: Can I still recover compensation if the drunk driver who hit me was not convicted of DUI?
A: Yes, you may still recover compensation even if the drunk driver avoids a criminal conviction. Your civil claim uses a lower standard of proof than the criminal case. Your car accident attorney only needs to show that the driver was negligent and that their negligence caused your injuries, which is a separate question from whether the state can prove DUI beyond a reasonable doubt.
Q: Can a bar in Philadelphia be sued if it overserved the driver who hit me?
A: Yes, Pennsylvania's dram shop law may allow you to sue a bar or restaurant that served alcohol to a visibly intoxicated patron who then caused your crash. This is especially valuable because commercial liability policies often carry much higher limits than the driver's personal auto insurance.
Q: What if the drunk driver who hit me had no insurance?
A: You may still have a path to compensation through the uninsured motorist coverage on your own auto policy. Your lawyer can also pursue a dram shop claim against a bar or restaurant if the driver was overserved, adding another source of recovery.
Q: How long do I have to file a drunk driving accident lawsuit in Philadelphia?
A: Pennsylvania's statute of limitations gives you two years from the date of the accident to file a personal injury lawsuit. However, critical evidence like bar surveillance footage and witness memories can fade quickly, so contacting a lawyer as soon as possible protects your claim.
Frequently Asked Questions About Drunk Driving Accident Claims in Pennsylvania
Q: Is a drunk driving accident case worth more than a regular car accident case?
A: In many cases, yes. Drunk driving accident claims often carry higher compensation potential because Pennsylvania allows punitive damages when the at-fault driver's behavior was reckless. Punitive damages are awarded on top of your medical bills, lost wages, and pain and suffering.
Q: Can passengers injured by a drunk driver file their own claim?
A: Yes, passengers injured in a drunk driving crash can file their own injury claim against the impaired driver. Passengers may also have claims against a bar that overserved the driver, or against their own auto insurance for additional coverage.
Q: What evidence does a lawyer use to prove a drunk driving accident claim?
A: A drunk driving accident attorney gathers police reports, BAC test results, field sobriety test records, hospital records, witness statements, bar surveillance footage, credit card receipts from the establishment, and any available dashcam or traffic camera footage. Strong evidence from multiple sources helps build a case that insurance companies cannot easily dismiss.
Q: Can I recover compensation if a family member was killed by a drunk driver in Philadelphia?
A: Yes, Pennsylvania law allows surviving family members to file a wrongful death action after a fatal drunk driving crash. While no amount of money can lift the pain of needlessly losing a loved one, a wrongful death claim can eliminate some of the financial stress during a difficult time. The claims cover funeral costs, lost financial support, and the emotional loss of a loved one. A separate survival action may also recover compensation for the pain and suffering your loved one experienced before passing.
Talk to a Philadelphia Drunk Driving Accident Lawyer Who Truly Cares About Your Recovery
You did nothing wrong, and you should not have to bear the cost of someone else's reckless decision. Our lawyers at the Rothenberg Law Firm have spent over 50 years in Philadelphia standing beside families like yours. We are ready to listen, answer your questions, and make this fight our own.
Contact us at (800) 624-8888 or through our contact form for a free consultation. We charge no fee unless we win.
Visit our Philadelphia office: 1420 Walnut St, Philadelphia, PA 19102 | (215) 330-6551