NEW CASTLE, PA – Victims of drunk driving accidents in Pennsylvania may be entitled to compensation that goes well beyond what their own auto insurance will cover, with potential claims against the impaired driver, the driver’s insurer, and in some cases the establishment that served the alcohol. New Castle drunk driving accident attorney Lawrence M. Kelly of Luxenberg Garbett Kelly & George P.C. (https://www.lgkg.com/pennsylvania-car-accident-lawyer/drunk-driving-motor-vehicle-collision/) explains the legal options available to those injured by impaired motorists.

According to New Castle drunk driving accident attorney Lawrence M. Kelly, the Pennsylvania Department of Transportation reports that alcohol-related fatalities declined from 308 in 2023 to 244 in 2024, but thousands of people across the state are still injured by impaired drivers every year. The firm has represented drunk driving accident victims throughout Lawrence County and Western Pennsylvania for more than four decades.

New Castle drunk driving accident attorney Lawrence M. Kelly notes that Pennsylvania uses a “choice” auto insurance system under 75 Pa.C.S. § 1705, which affects the type of compensation available after any car accident. Drivers select either limited tort or full tort coverage when purchasing insurance. “Full tort coverage allows you to pursue all damages including pain and suffering, while limited tort restricts recovery for non-economic damages unless injuries meet a serious injury threshold,” Kelly explains.

Attorney Kelly emphasizes that an important exception applies in drunk driving cases. Under Pennsylvania law, limited tort restrictions may not apply when the at-fault driver is convicted of Driving Under the Influence or accepts Accelerated Rehabilitative Disposition. This means even drivers who selected limited tort coverage may recover full tort damages when an impaired motorist is involved.

Multiple parties may share legal responsibility after an alcohol-related collision. The drunk driver is the primary party responsible, and a civil claim against them is separate from any criminal DUI prosecution. Under 75 Pa.C.S. § 3802, Pennsylvania generally prohibits driving with a BAC of 0.08% or higher, with a 0.04% threshold for commercial drivers and 0.02% for drivers under 21.

Pennsylvania’s dram shop law allows victims to hold a bar, restaurant, or licensed establishment liable when it serves alcohol to a visibly intoxicated person or a minor who then causes a crash. The state’s social host liability is more limited, applying only when a private individual knowingly serves alcohol to a minor under 21. Joseph A. George of LGKG investigates every potential source of liability, particularly when the impaired driver’s own insurance is insufficient to cover serious injuries.

“Drunk driving collisions in Pennsylvania may give rise to punitive damages in addition to compensatory damages,” Kelly observes. Punitive damages are designed to punish the impaired driver for particularly reckless conduct rather than to compensate the victim for actual losses. In Pennsylvania, punitive damages generally are not insurable when based on the defendant’s own misconduct, meaning the drunk driver typically pays them personally.

Pennsylvania imposes a two-year statute of limitations on personal injury and wrongful death claims under 42 Pa.C.S. § 5524, with the clock beginning on the date of the accident or, for wrongful death cases, the date of death. The firm handles cases throughout Butler County, Allegheny County, Beaver County, Mercer County, and surrounding communities from offices in New Castle, Ellwood City, Beaver Falls, Butler, Cranberry Township, and Pittsburgh.

For those injured by impaired drivers in Lawrence County and the surrounding region, consulting with an experienced car accident attorney can help identify every potential source of compensation and protect their legal rights throughout the claims process.

About Luxenberg Garbett Kelly & George P.C.:

Luxenberg Garbett Kelly & George P.C. is a New Castle-based personal injury and workers’ compensation firm representing accident victims throughout Lawrence County and Western Pennsylvania. Led by attorneys Lawrence M. Kelly and Joseph A. George, the firm handles motor vehicle accident claims throughout Butler County, Allegheny County, and surrounding communities. For consultations, call (724) 658-8535.

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Email: lmkelly@lgkg.com

Website: https://www.lgkg.com/

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Company Name: Luxenberg Garbett Kelly & George P.C.
Contact Person: Lauren Kelly Gielarowski
Email: Send Email
Phone: (724) 658-8535
Address:315 N Mercer St
City: New Castle
State: Pennsylvania 16101
Country: United States
Website: https://www.lgkg.com/

 

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