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KaplunMarx DUI Injuries
Driving under the influence (DUI) accidents can have catastrophic consequences, leading to serious injuries and even death. If you or a loved one has been involved in a DUI accident in Pennsylvania or New Jersey, it's important to seek the help of one of our personal injury attorneys.
At KaplunMarx, our legal team has extensive experience handling DUI injury cases and has a proven track record of successfully holding drunk drivers accountable and securing fair settlements for victims.
According to the National Highway Traffic Safety Administration (NHTSA), in 2019 there were 10,142 people killed in drunk driving crashes in the United States, accounting for 29% of all traffic fatalities. This highlights the importance of holding drunk drivers accountable for their actions and the need for experienced legal representation.
Our legal team will work tirelessly to gather evidence, negotiate with insurance companies, and build a strong case on your behalf. We understand the impact that a DUI accident can have on your life and will fight for your rights to ensure that you receive the compensation you deserve.
In addition to representing clients in DUI injury cases, KaplunMarx is also committed to promoting awareness about the dangers of drunk driving. We believe that education and prevention are key to reducing the number of DUI accidents and saving lives.
Don't hesitate to get the help you need. Contact us today for a free consultation and let us help you get the justice and compensation you deserve. Our experienced legal team is here to help you navigate the complex legal process and ensure that drunk drivers are held accountable for their actions.
Why You Should Talk To Us First
✓ 98% Success Rate - Attorneys with a track record that shows they personally care about every case and go the extra mile every time.
✓ No upfront costs - we front all of the legal fees and get paid on performance. In fact, we don't get paid unless you win
✓ We are local and we KNOW Pennsylvania's system - Just because a firm gets a license to practice law here and buy up a bunch of bill boards around town doesn't mean that they have real experience fighting cases in PA's legal system every day. We are a locally based firm with attorneys that focus on Pennsylvania injury cases. We eat, drink and breath this every day.
✓ We are not intimidated by litigation- We do not allow insurance carriers to strong arm, intimidate or stagnate claims. We will not hesitate to take them to court to fight for you when needed.
✓ No shortcuts - we go the extra mile to make sure that you get the highest compensation possible rather than settling right away as many injury firms do.
✓ We focus on you, not on getting the most cases in town like the guys on the billboards.
✓ Proprietary methods of case management for your very best client experience and ensure greater odds of success compared to high volume, low-touch firms.
✓ Talk directly to your attorney instead of getting passed off on case managers (if you've ever been through a car accident case, you'll know how valuable this is).
✓ We're consistently rated 5 stars by clients and have over 450 5-star reviews for a reason.
✓ No cost consultations we'll help you find out if you have a case. If you don't, we'll help point you in the right direction. Win-win.
✓ We get results without compromising service - It's not easy to find a firm that provides our brand of one-on-one service but which has the resources to get results that smaller practices may not be able to.
Despite widespread awareness campaigns and harsh criminal penalties for driving under the influence of alcohol, drunk driving is still one of the biggest risks to motorists in PA. If a driver is reckless or careless enough to get behind the wheel while they are impaired, they have a far greater risk of causing a serious accident and devastating damage to other people involved.
Civil cases based on car crashes caused by a drunk driver need to be handled with care and conviction, which is why retaining experienced drunk driving accident attorney can be beneficial.
Being hit by a drunk driver in may change your tort status giving you full tort, meaning the best rights to recover for pain and suffering. If you suffered an injury due to an intoxicated driver, consider talking to our drunk driving car accident lawyers about how you could potentially proceed with civil litigation to seek restitution for your damages.
How Could a Criminal Charge Affect a Civil Case?
In Pennsylvania, anyone who operates a motor vehicle with a blood alcohol concentration (BAC) of 0.08 percent or greater may be charged with driving under the influence (DUI). Depending on a person’s BAC at the time of arrest, any previous record of DUI offenses, and other aggravating factors, punishments upon conviction may range from fines and probation to several years’ imprisonment and permanent loss of their license.
If a driver involved in an accident is cited for DUI in the aftermath, a drunk driving car crash attorney could cite the police report or a criminal conviction for that offense as evidence of negligence in an ensuing civil case. Since all drivers in Pennsylvania are expected to act reasonably and safely while driving on public roads, driving while intoxicated would constitute a negligent breach of that duty if it results in a catastrophic accident. A conviction or a diversionary program for a DUI driver is an automatic exception to your tort election in Pennsylvania, meaning you will be deemed full tort if the person is convicted or enters a diversionary program. Additionally, a DUI driver may be liable for punitive damages due to their actions in relation to your car crash – all aspects that a car accident lawyer will evaluate on your behalf.
While a civil defendant may be found liable based on overwhelming evidence, the standard of proof for criminal cases is considerably stricter. In practice, this means that regardless of what order the cases occur in, a finding of civil liability in a DUI car accident claim typically has no bearing on the outcome of a criminal case for a DUI charge.
Recovering Losses After a DUI Crash
PAis a no-fault car insurance state, which means that in order to recover for damages following a vehicle crash, a claimant must first pursue recovery through their own insurer to the fullest extent their coverage allows before they can file suit against a third party. Unfortunately, this means that unless certain circumstances apply, people injured in car accidents caused by drunk drivers can only seek restitution for economic damages like medical bills and lost wages, and not non-economic damages like loss of consortium and physical pain.
Furthermore, Pennsylvania Consolidated Statutes Title 42, §7102 allows a court to proportionately reduce a plaintiff’s total recoverable compensation if they are found partially at fault for their injuries, even if a drunk driver bears most of the fault for the accident. Once retained, a qualified DUI car crash attorney in could work on a claimant's behalf to contest allegations of comparative fault and maximize recoverable damages.
Millions of people consume alcoholic beverages at bars, clubs, and restaurants every day. These businesses are responsible for making sure that their customers are of legal age prior to serving them alcohol. But, what happens when the customer walks out of the establishment after consuming alcohol?
Some people believe that bars, clubs, and restaurants are no longer responsible for their customers after they’ve left, but that’s not always the case. Sometimes, these businesses can be held liable for injuries caused by an intoxicated customer even after the customer is gone.
What Are Pennsylvania’s Dram Shop Laws?
Each state has its own dram shop laws, which outline the responsibilities and legal obligations of bars, restaurants, and other businesses that serve alcohol. The dram shop liability laws in Pennsylvania state that any establishment that serves alcohol to someone who is visibly intoxicated can be held liable for damage caused by the intoxicated individual.
For example, let’s say a bar continues to serve alcohol to someone who has already had a lot to drink. The customer is slurring his speech and struggling to walk in a straight line, which are both signs that he is intoxicated.
Then, this person gets into a car accident on his way home and seriously injures the other driver involved. Since the bar served alcohol to the driver after he was visibly intoxicated, the business could be held liable if the victim files a personal injury claim.
Do Dram Shop Laws Protect Social Hosts in PA?
Bars, clubs, and restaurants are not the only parties that could be affected by dram shop laws. These laws also apply to people who host private parties where alcohol is served.
For example, if someone hosts a private dinner party for close friends and family, he cannot serve alcohol to someone who is visibly intoxicated. If he does, he is liable for injuries or damages that the intoxicated party causes.
Basically, social hosts and business establishments share the same legal obligations and liabilities when it comes to serving alcohol to guests or customers.
How Dram Shop Laws Can Affect Your Personal Injury Case
Dram shop and social host liability laws often come into play in personal injury cases involving drunk driving accidents. If you are injured in an accident with a drunk driver, one of the first steps is identifying the liable parties.
The drunk driver will most likely be held liable since driving while intoxicated is negligent. If the drunk driver was served alcohol while visibly intoxicated prior to getting in the accident, an establishment or social host could be held liable in your case as well.
Why does it matter who is liable for your injuries? Bars, restaurants, and clubs usually have better insurance coverage than the average driver since they have more to lose.
As a result, it’s possible that you will be able to recover more compensation from one of these establishments than you would be able to recover from the at-fault driver. Treating the injuries that are often sustained in accidents involving intoxication is not cheap, so it’s crucial to recover as much compensation as possible.
It’s true that victims can potentially recover more compensation when an establishment is partially at fault. However, an establishment or social host will not be held liable in every drunk driving accident case. Let our team review the details of your case to determine who should be held liable for your devastating injuries.
Have you been injured by someone who was under the influence of alcohol? If so, it’s in your best interest to contact a skilled personal injury attorney at KaplunMarx as soon as possible.
Speak with Our Drunk Driving Car Accident Lawyers Today
Suffering injuries and financial losses due to a drunk driver can be frustrating and scary. Fortunately, legal counsel is available to help you enforce your rights and pursue the compensation you deserve.
Talking to our dui accident attorneys may clarify your legal options for you and put you on the right path toward recovering fully from your accident. Call today to set up an initial meeting.
Choose The Top-Rated
Personal Injury Lawyers
in Pennsylvania and New Jersey
Our Lawyers Fight for Maximum Compensation
Our duty is to hold the insurance company responsible for the maximum amount of compensation owed to you. Studies have shown that hiring an experienced attorney can lead to more than 3.5x the amount of compensation! Our legal team is aggressive in court and compassionate with our clients. It's not your fault you are injured, and we want to make sure those at fault are held responsible.
We Work With Doctors to Lower Your Medical Bills
The local medical community has a good working relationship with us. The doctors we recommend are not only experienced in treating serious injuries, but many are willing to work with us to negotiate your medical bills down to put more money into your pocket.
We Make it Easier to Find Medical Treatment
Whether you have health insurance or not, our goal is to help you get in quickly with medical care professionals and specialists.
We Protect Our Clients' Rights
Insurance companies are notorious for using underhanded practices that lower your case's value or deny your claim altogether. So, when you hire us, we will act as a barrier between you and the insurance company, ensuring they can't contact you regarding your injuries without going through us first.
You Will Not Be Alone During This Process
We know the personal injury claims process is complicated. Our team is here to guide you every step of the way and answer your questions anytime.
Our Law Firm Has Stellar Reviews
What People Say
Providing clients with exceptional service is a core value at KaplunMarx personal injury law firm in Pennsylvania and New Jersey. Take it from our satisfied client testimonials.
"I went through a lot when I was in my accident. Ted was professional and concerned about how I was doing...
...The office staff is extremely friendly and quick to assist your needs. They not only contacted me for updates, they checked in on my wellbeing. I can't express how grateful I am for their kindness and professionalism. I've never seen an attorney's office that cares as much as they do for their clients. I highly recommend their office and personally vouch that Ted Kaplun is a great attorney to have."