According to the U.S. Department of Transportation, approximately 34 people die every day in drunk driving crashes. In 2023 alone, 12,429 people lost their lives in alcohol-impaired driving accidents. In Pennsylvania, 563 of the 1,179 traffic fatalities in 2022 were linked to impaired drivers. In New Jersey, 282 of the 685 traffic deaths involved a drunk or impaired driver.
These numbers don’t even account for the thousands who suffer life-changing injuries due to these crashes.
Can You Sue a Drunk Driver in Pennsylvania?
If you were hit by a drunk driver in Pennsylvania, you have the legal right to pursue a lawsuit—regardless of your auto insurance election. Normally, drivers with a “limited tort” insurance policy can only sue for pain and suffering if they prove their injuries are serious and life-altering. However, Pennsylvania law treats drunk driving accidents as an exception, automatically granting “full tort” status even if your policy is limited tort. This means there are no restrictions on your right to recover compensation for pain and suffering.
📌 Related Practice Area: Car Accident Lawyers in Philadelphia
Compensatory and Punitive Damages for DUI Victims
In addition to standard compensatory damages (like medical bills and lost wages), victims of drunk drivers may also be entitled to punitive damages. These damages are designed to punish egregious conduct and deter similar behavior.
To obtain punitive damages in Pennsylvania, your attorney must prove the drunk driver acted with outrageous conduct, reckless indifference, or willful disregard for others’ safety. This goes beyond simple negligence—requiring evidence that the driver’s behavior created a serious and unjustifiable risk of harm.
What if the Drunk Driver Is Uninsured or Flees the Scene?
If the at-fault driver is uninsured, underinsured, or leaves the scene of the crash, you can still seek compensation through your own auto insurance—if you carry uninsured or underinsured motorist coverage.
- Uninsured motorist coverage (UM) protects you if the other driver has no insurance or cannot be identified (such as in a hit-and-run).
- Underinsured motorist coverage (UIM) applies if the drunk driver has insurance, but their policy limits are too low to cover the full extent of your injuries.
These coverage options are critical in DUI cases, where reckless drivers often lack sufficient insurance to cover major injuries.
How Do You Prove the Driver Was Under the Influence?
The most straightforward way to establish that the other driver was intoxicated is through the police report and criminal investigation. Driving under the influence is a criminal offense, and the investigation will typically include:
- Breathalyzer or blood test results
- Arrest records or citations
- Eyewitness accounts
- Dashcam or surveillance footage
All of this evidence can support your personal injury claim and bolster your pursuit of both compensatory and punitive damages.
What Compensation Can You Recover in a DUI Crash?
A successful claim can help you recover damages for:
- Physical pain and emotional suffering
- Medical expenses (past and future)
- Rehabilitation and long-term care costs
- Lost wages and loss of earning capacity
- Punitive damages (if applicable)
Your attorney will build your case using medical records, billing statements, employment records, and testimony from medical and economic experts.
Contact an Experienced Drunk Driving Accident Attorney Today
At Thistle Law Firm, we understand the devastating consequences of drunk driving accidents. Our team has years of experience helping victims recover full compensation for their injuries. If you or a loved one was injured in a DUI crash, call us at 215-568-6800 for a free consultation. We’re here to fight for your rights and hold negligent drivers accountable.