Drunk driving accidents are devastating and often leave victims and their families grappling with severe physical, emotional, and financial hardships. In the Commonwealth of Pennsylvania, these car accidents are compounded by the legal complexities surrounding liability. Pennsylvania's Dram Shop Law plays a crucial role in determining who can be held accountable when a drunk driver causes harm. This article explains how the law works, who may be held liable, and why hiring an experienced accident injury lawyer is essential.

What Is Pennsylvania's Dram Shop Law?

Pennsylvania's dram shop law allows victims of drunk driving accidents to pursue legal claims against establishments that overserve alcohol. Bars, restaurants, and other establishments licensed to sell alcohol can be held accountable if they serve alcohol to visibly intoxicated individuals who then cause injury.

The name “dram shop” originates from an old term for establishments that sold alcohol by the dram, a unit of liquid measure. Today, this law is a vital tool in protecting public safety and holding negligent establishments accountable for their role in drunk driving car accidents.

How Does Dram Shop Liability Work in Pennsylvania?

Under Pennsylvania law, an establishment can be found liable if it serves alcohol to someone who is:

• Visibly Intoxicated: Common signs may include slurred speech, impaired coordination, or aggressive behavior.
• A Minor: Serving alcohol to anyone under 21 is strictly prohibited and a clear violation of the law.

If a visibly intoxicated patron or underage drinker causes a car accident, the establishment that served them alcohol may be held partially or fully liable for the damages and harm caused.

For example, imagine a bartender in Luzerne County serves multiple rounds of strong cocktails to a patron who is stumbling and slurring their words. That individual then drives home and rear-ends another vehicle, causing serious injuries. In this scenario, the injured party may pursue legal action against both the drunk driver and the establishment that overserved them.

Who Can Be Held Liable in a Drunk Driving Accident?

In Pennsylvania, liability in drunk driving accidents may extend beyond the driver. The following parties/entities can potentially be held accountable:

• The Drunk Driver: The individual who operated the vehicle under the influence is primarily responsible.
• The Licensed Establishment: Bars, clubs, or restaurants that serve alcohol irresponsibly.
• Private Hosts: Social hosts can also face liability if they serve alcohol to minors.

Establishing liability often requires detailed investigation, such as including gathering evidence such as surveillance footage, eyewitness testimony, and receipts from the establishment. This underscores the importance of working with a skilled accident injury lawyer.

How to Prove Dram Shop Liability in Luzerne County?

To hold an establishment liable under Pennsylvania's Dram Shop Law, victims need to prove:

• The Establishment Served the Drunk Driver: Receipts, witness statements, and surveillance footage can be used to show where the individual was drinking.
• The Patron Was Visibly Intoxicated or Underage: Clear signs of intoxication or proof of underage drinking must be demonstrated.
• The Overservice Directly Contributed to the Accident: Victims must establish a causal link between the overservice and the crash.

Given these challenges, working with an experienced legal team is critical. Lawyers can help gather evidence, navigate complex legal processes, and build a strong case for compensation.

Damages Available in Drunk Driving Cases

Victims of drunk driving accidents can pursue compensation for various damages, including:

• Medical Expenses: Costs related to emergency care, surgeries, medications, and ongoing treatment.
• Lost Wages: Compensation for any time missed from work or diminished earning capacity.
• Pain and Suffering: Refers to monetary compensation for physical pain, emotional distress, and loss of enjoyment of life.
• Property Damage: Costs to repair or replace a damaged vehicle or other property.
• Punitive Damages: In cases of extreme negligence, courts may award punitive damages to deter similar conduct.

An experienced lawyer can assess the full scope of damages and ensure victims are not shortchanged by insurance companies or other parties.

The Role of a Luzerne County Personal Injury Lawyer

Dram shop liability cases require extensive legal knowledge and investigative resources. A lawyer specializing in drunk driving accidents can:

• Conduct a thorough investigation to gather critical evidence.
• Identify all liable parties to maximize compensation.
• Negotiate with insurance companies for a fair settlement.
• Represent clients in court if litigation becomes necessary.

Victims often face significant hurdles, from medical bills to emotional trauma. A dedicated legal team can shoulder the legal burden, allowing clients to focus on recovery.

CONTACT US TODAY

If you or a loved one have been injured as the result of a drunk driver, call Sklarosky Law today at (570) 283-1200 or use our online contact form and tell us about your potential case.  Car accident claims can be complex and challenging.  Do not wait, call us today so that we can help you obtain the financial compensation you may be entitled to.