To be clear about which side of these cases we’re on: this page is for people hit by drunk drivers. DUI crash victims hold two advantages ordinary crash victims don’t — the drunk driver’s conduct can support punitive damages, and Pennsylvania law can extend liability to the bar or restaurant that kept serving them.
What Makes DUI-Victim Cases Different
- Punitive damages become possible. Drunk driving is the classic conduct Pennsylvania courts treat as outrageous enough for punitive exposure — which changes settlement dynamics fundamentally.
- Dram shop liability. A licensed establishment that serves a visibly intoxicated person can share liability for the crash that follows — a second defendant, a second policy, and an investigation into receipts, video, and witnesses that must start immediately.
- Limited tort exceptions open. Being injured by a DUI driver is among the exceptions that free limited-tort policyholders to claim full damages.
- The criminal case runs parallel. The DUI prosecution helps but doesn’t control your civil claim — and restitution there rarely approaches full compensation. Our posts on PA drunk driving laws and impaired driving risks cover the backdrop; NHTSA data documents the carnage.
Frequently Asked Questions
The driver was convicted of DUI. Is my civil case automatic?
Strong, not automatic — the conviction powerfully supports liability, but damages, causation, and coverage still get built. And dram shop investigation shouldn’t wait for the criminal docket.
How do we prove the bar over-served them?
Receipts, surveillance video, witness accounts, toxicology math working backward from BAC — evidence that evaporates quickly, which is why the preservation letters go out in week one.
The drunk driver has minimal insurance. Is there any point?
Often yes — dram shop defendants, your own underinsured-motorist coverage, and punitive exposure change the math. Minimal liability limits are the start of the coverage map, not the end.
How long do I have to file?
Generally two years under Pennsylvania law — with a six-month written-notice requirement for claims against government entities and special rules for minors and late-discovered injuries. Evidence fades faster than any deadline.
What does hiring you cost?
No attorney’s fee unless we recover for you; the contingency percentage and case-cost handling are in the written fee agreement you review before signing. Consultations are free.
Ready to talk about your case? Call (215) 464-4600 or contact us online for a free, confidential consultation — contingency fee, no attorney’s fee unless we recover, costs explained in the written fee agreement.