Scranton Drunk Driving Accident Attorney
Every two minutes someone in the United States gets hurt in an accident involving a drunk driver. Every day, 27 people die from these crashes, and 93 percent of the time the driver had no prior DUI arrests or convictions. Pursuing litigation against at-fault drunk drivers for accidents can shed light on this issue and potentially prevent future car accidents. The attorneys at Rosenbaum & Associates are here to offer legal counsel to victims of drunk driving accidents and their families.
Proving Fault in a Drunk Driving Accident
Blood alcohol content (BAC) tests often prove fault in a drunk driving crash. If the police suspect a person of driving drunk at the time of a crash, they will order a breathalyzer or another alcohol test. The results of the test will go on record. If a driver has a BAC of 0.08 percent or higher in Pennsylvania, he or she is legally too drunk to drive. This limit drops to 0.04 percent for commercial drivers, and 0.02 percent (zero tolerance) for drivers under the age of 21.
A driver can “pass” a BAC test and still be found guilty of drunk driving if police have other evidence of the driver’s impairment. Just one drink can be enough to hinder driving ability and cause swerving, dangerous lane changes, rear-end collisions, and failure to stop at lights and stop signs. Proving fault for a drunk driving crash may involve:
- Reviewing police dashboard camera footage of the arrest.
- Reviewing any available highway or security camera footage.
- Interviewing eyewitnesses to the accident.
- Interviewing witnesses who saw the defendant drink before driving.
- Using the police officer’s testimony of how the defendant acted during arrest.
- Hiring an expert witness to testify on the plaintiff’s behalf.
- Recreating the crash in front of a judge or jury.
The right team of attorneys can do whatever it takes to help prove a drunk driver’s fault after a harmful accident. Rosenbaum & Associates takes drunk driving very seriously, and strives to help citizens of Pennsylvania who have suffered catastrophic injury or expensive property damage because of a driver’s dangerous mistake. You and your family deserve high-quality legal representation after a drunk driving crash. You deserve the assistance of Rosenbaum & Associates.
Pennsylvania Dram Shop Laws
In most drunk driving cases, the impaired driver is liable for any injuries or damages the accident causes. In some cases, however, a third party may also be responsible. Pennsylvania has dram shop laws that may come into play after a drunk driving accident. Dram shop laws allow accident victims to hold a third party alcohol provider responsible – a bartender, bar owner, or social host – in certain situations:
- The vendor served, sold, or furnished alcohol to a person who was visibly intoxicated.
- The vendor served, sold, or furnished alcohol to a person who was under the age of 21.
- The vendor served, sold, or furnished alcohol to a person who was “insane.”
Contact an Experienced Scranton DUI Lawyer
If a third party is partially responsible for a drunk driving accident, the plaintiff can pursue compensation from both parties – the drunk driver and the third party alcohol vendor or provider. In Pennsylvania, comparative negligence laws allow the courts to assign fault to multiple parties. For more information about dram shop and other drunk driving laws in the state, contact Rosenbaum & Associates. Our Wilkes-Barre/Scranton lawyers are here for drunk driving accident victims. Contact us today to schedule your free consultation.