Leeson & Leeson would be my first stop for whatever legal issue I was encountering. Highly recommended.
Allentown Drunk Driving Accident Lawyer
When Winning Is the Only Option
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Drunk Driving Accident Attorney in Allentown
A drunk driving crash can leave you or your loved one with serious injuries, medical bills, and uncertainty about what comes next. When someone chooses to drive after drinking in Allentown, they put every person on the road at risk. If you or your family has been affected, working with an Allentown drunk driving accident lawyer can help you pursue accountability and financial recovery from the responsible parties.
The attorneys at Leeson & Leeson represent people throughout Allentown who have been harmed by drunk drivers. Our goal is to hold negligent drivers and other responsible parties accountable while supporting clients through every step of the process. If you’ve been impacted by a drunk driving crash in Pennsylvania, you can contact our firm for a free consultation.
Real People, Real Results:
Client Testimonials
Highly recommended.
Abbe F.
He is the best attorney I [have] ever known.
Mr. Joseph was very knowledgeable and a pleasure to work with. Answered all my questions and was easy to contact and replied to all my questions in timely competent manner. Also his staff is very nice and polite. I would highly recommend Leeson & Leeson law office for any further needs . He is the best attorney I ever know.
Sunny Q.
...he is a good person as well as a good attorney.
“Most thought my case was too small to bother with but Attorney Leeson offered to help me because he is a good person as well as a good attorney… He kept me informed throughout the process and walked me through issues that were confusing… I’m very grateful that he agreed to help me and you can feel confident choosing him.”
Laura Accetta, PA
Theodore Roosevelt once said "speak softly but carry a big stick." The Leeson lawyers embody this principle to perfection.
“The Leeson & Leeson firm has a long-storied history of intelligent and sophisticated lawyers and aggressive and tough litigators. Theodore Roosevelt once said “speak softly but carry a big stick.” The Leeson lawyers embody this principle to perfection… I highly recommend Leeson & Leeson for anyone who wants an attorney who is of a high order of integrity and legal intelligence.”
Francis Macri, PA
Key Takeaways Involving Drunk Driving Accident Claims in Allentown, PA
- Understanding your rights after a drunk driving accident is crucial for protecting your interests
- Pennsylvania’s dram shop laws may hold establishments liable for overserving intoxicated patrons
- Victims can pursue both criminal restitution and civil compensation simultaneously
- Evidence preservation is critical in the immediate aftermath of a drunk driving crash
- Pennsylvania’s comparative negligence rule allows you to seek compensation even if you were partially at fault, as long as the other driver was more responsible for the crash
What Makes Drunk Driving Accidents Different from Other Car Crashes?
Not every car accident is the same. When alcohol plays a role, the circumstances and legal consequences shift in important ways. These cases often involve additional evidence, multiple layers of liability, and the possibility of criminal charges running parallel to a civil claim.
Criminal vs. Civil Proceedings
A drunk driver often faces criminal charges, but that process is separate from a civil claim for damages. Criminal charges may result in jail, fines, or license suspension. A civil claim focuses on financial recovery for injured victims. The two processes can run at the same time, but the criminal case does not replace your right to seek damages in civil court.
Enhanced Evidence Requirements
Drunk driving accidents often involve specialized evidence such as blood alcohol concentration (BAC) test results, arrest records, and toxicology reports. These pieces of information are critical to proving the driver’s impairment and connecting it to the crash.
Multiple Liable Parties
While the drunk driver is often the main defendant, others may also be responsible. For example, a bar in downtown Allentown could be liable under Pennsylvania’s dram shop laws if they served alcohol to a visibly intoxicated patron who then caused the crash.
Higher Potential Damages
Courts sometimes allow victims of drunk driving crashes to pursue punitive damages. Unlike damages meant to cover losses, punitive damages punish reckless conduct and discourage others from making similar choices.
How Does Pennsylvania Handle Drunk Driving Cases?
Pennsylvania has specific laws for drivers under the influence, along with penalties aimed at reducing impaired driving. These laws are strict, reflecting the serious risks of driving drunk.
Pennsylvania’s DUI Laws and Penalties
A DUI in Pennsylvania can lead to license suspension, heavy fines, mandatory treatment programs, and even jail time. Penalties increase with prior offenses or a high BAC reading.
Blood Alcohol Content (BAC) Thresholds
- 0.08 percent BAC: Legal limit for most drivers
- 0.04 percent BAC: Limit for commercial vehicle operators
- 0.02 percent BAC: Limit for drivers under 21 years old
Implied Consent Laws
By driving on Pennsylvania roads, you automatically agree to chemical testing if arrested for suspected DUI. Refusing a test can result in an automatic license suspension, regardless of whether the driver was impaired.
Criminal Court Process
When a driver is charged with DUI, the criminal case moves through arraignment, hearings, and possible trial. The outcome of that case can influence but not control your civil case. For example, a guilty plea in criminal court strengthens a civil claim, but even without a conviction, you may still prove liability in civil court.
What Compensation Can I Recover After a Drunk Driving Accident?
The aftermath of a drunk driving crash often involves long-term consequences. Victims may face hospital bills, missed paychecks, ongoing pain, and disrupted lives. A civil claim seeks to address these losses.
Medical Expenses and Future Care Costs
The cost of medical care after a drunk driving accident can add up quickly. Emergency room visits, surgeries, hospital stays, and prescription medications are just the beginning. Many victims also need ongoing treatment, such as physical therapy, chiropractic care, or counseling. In more severe cases, accident victims may require long-term rehabilitation, adaptive equipment, or in-home care.
Future care is especially important to consider. For example, a spinal injury sustained in a crash on Lehigh Street may require years of rehabilitation or even lifelong assistance. Your claim can include both the medical bills you’ve already received and the projected cost of future treatment.
Lost Wages and Diminished Earning Capacity
Missing work after a crash often means a sudden drop in income at the exact time medical bills are climbing. Compensation for lost wages can cover the paychecks you’ve already missed. But in many cases, injuries affect your ability to return to your previous job or to work at the same capacity as before.
If you can’t return to your trade, profession, or career because of permanent injuries, your claim may also include diminished earning capacity. For instance, a construction worker injured in a DUI accident near Tilghman Street may no longer be able to handle the physical demands of the job. That loss of future income can be calculated and included in a settlement or verdict.
Pain and Suffering Damages
Not every loss shows up on a medical bill or a paycheck. The law recognizes that the personal impact of an accident can be just as significant as financial costs. Pain and suffering damages address the physical pain you experience, the emotional struggles that follow, and the changes to your quality of life.
For example, if you can no longer enjoy activities you once loved, or if you deal with ongoing anxiety every time you get behind the wheel, those losses matter. Pain and suffering damages attempt to reflect the real human impact of being harmed by someone else’s reckless decision to drive drunk.
Punitive Damages in Pennsylvania
Punitive damages are different from other types of damages. They aren’t designed to repay you for a loss. Instead, they punish the wrongdoer and send a message that reckless conduct like drunk driving will not be tolerated. In Pennsylvania, punitive damages may be awarded if the driver’s actions show extreme disregard for the safety of others.
Property Damage Recovery
A drunk driving crash often leaves your car heavily damaged or completely destroyed. Property damage claims cover the cost to repair or replace your vehicle. They can also include personal belongings lost or destroyed in the crash, such as a laptop, phone, or child’s car seat.
Who Can Be Held Liable Besides the Drunk Driver?
Responsibility does not always end with the impaired driver. Pennsylvania law allows other parties to be held accountable if their actions contributed to the crash.
Dram Shop Liability in Pennsylvania
Bars, restaurants, and other licensed establishments can be held responsible under the state’s dram shop law if they serve alcohol to someone who is visibly intoxicated and that person causes an accident.
Social Host Responsibility
If a private host provides alcohol to a minor who later causes a crash, the host may share liability for damages.
Employer Liability for Employee DUI Accidents
An employer could be liable if a worker causes a crash while intoxicated during the scope of employment, such as a delivery driver in Allentown’s business district.
Vehicle Owner Liability
If the vehicle owner knowingly allowed an intoxicated person to drive their car, they may also bear responsibility.
What Evidence Do I Need in a Drunk Driving Accident Case?
Building a strong case requires thorough evidence collection. Each type of evidence plays a role in proving impairment, fault, and the extent of your losses.
Police Reports and BAC Test Results
Official police records and breath or blood test results are often the foundation of a drunk driving case.
Witness Statements and Surveillance Footage
Eyewitnesses and video from nearby intersections, such as those in West End or along Union Boulevard, can provide valuable details about the driver’s behavior.
Medical Records and Expert Testimony
Your medical documents and expert opinions help demonstrate the connection between the crash and your injuries.
Cell Phone and GPS Data
Technology sometimes reveals whether a driver’s route or behavior matches signs of intoxication.
How Long Do I Have to File a Claim in Pennsylvania?
Timing matters in every accident case. Waiting too long can cost you the chance to recover damages.
Statute of Limitations for Personal Injury Claims
Pennsylvania law gives you two years from the date of the accident to file a personal injury lawsuit. This deadline also applies to wrongful death claims if a drunk driver killed a close family member. If the at-fault driver worked for a government agency, you must file a formal notice of claim within six months under 42 Pa. C.S.A. § 5522.
Discovery Rule Exceptions
In rare cases, the time limit may be extended if injuries were not immediately apparent.
Claims Against Government Entities
If the at-fault driver worked for a government agency, you must file a notice of claim within six months, which shortens your timeline.
Preserving Your Right to Sue
Taking early action protects your ability to hold all responsible parties accountable.
What Should I Do Immediately After a Drunk Driving Accident?
The moments following a drunk driving crash matter for your health and your case. Taking the right steps protects your well-being and your legal rights.
Ensuring Safety and Seeking Medical Care
Move to a safe location if possible, and get medical attention right away. Even injuries that feel minor may worsen later.
Documenting the Scene
Take photos of the vehicles, road conditions, and any visible injuries. Capture details like street signs near locations such as Hamilton Street.
Reporting to Authorities
Always call the police. An official report creates an important record of the crash and the driver’s condition.
Avoiding Common Mistakes
Don’t accept blame, don’t discuss settlement at the scene, and don’t post about the accident on social media.
How Our Attorneys Can Help
Legal representation makes a difference in building a strong case and protecting your rights. The attorneys at Leeson & Leeson provide support at each step.
Thorough Case Investigation
We review police reports, interview witnesses, and consult experts to build a complete picture of what happened.
Dealing with Insurance Companies
Insurance adjusters often try to reduce payouts. Our attorneys push back to demand accountability from the insurer and the at-fault party.
Maximizing Your Compensation
We carefully document every loss, from medical expenses to lost income, so your claim reflects the true impact of the crash.
Trial Representation When Necessary
If the insurance company refuses a fair resolution, our attorneys are prepared to present your case in court.
Frequently Asked Questions About Allentown DUI Accident Claims
Can I Still Recover Compensation If I Was Partially at Fault for the Accident?
Yes. Pennsylvania follows a comparative negligence rule, which means your damages may be reduced based on your percentage of fault, but you can still pursue recovery as long as you were less than 51 percent at fault.
Will the Criminal Case Against the Drunk Driver Affect My Civil Claim?
The criminal case and your civil case are separate. A criminal conviction helps your civil case, but even without one, you may still prove liability in civil court.
How Much Is My Drunk Driving Accident Case Worth?
The value depends on factors like medical bills, lost wages, and the severity of injuries. Each case is unique, and no exact number applies to every situation.
What If the Drunk Driver Doesn't Have Insurance or Enough Coverage?
You may still have options through your own uninsured or underinsured motorist coverage. An attorney can review your policy and explore other potential sources of recovery.
How Long Does It Take to Resolve a Drunk Driving Accident Case?
The time needed to resolve a claim depends on several factors, including the severity of your injuries and the complexity of the case. Our focus remains on securing a fair and just outcome for you, regardless of the timeline required to achieve it.
What Happens If the Drunk Driver Who Hit Me Fled the Scene?
Even if the driver leaves the scene, you still have options. Law enforcement will investigate to identify and locate the driver. Additionally, your own insurance policy may provide coverage through its uninsured motorist (UM) provision. It is important to report the hit-and-run to the police immediately and then consult an attorney to explore all avenues for compensation.
How Does a DUI Accident Affect a Wrongful Death Claim in Pennsylvania?
If a drunk driver’s actions lead to a fatality, surviving family members may file a wrongful death lawsuit to recover damages. These damages can include funeral and burial expenses, lost income the deceased would have provided, and loss of companionship. The driver’s intoxication serves as powerful evidence of the recklessness that caused the death, which can also support a separate survival action for the victim’s pain and suffering before they passed.
Do I Need to Talk to the Drunk Driver's Insurance Company?
You are not obligated to provide a recorded statement to the other driver’s insurance adjuster. Their goal is often to find information that minimizes the value of your claim. You should direct all communication from the at-fault driver’s insurer to your attorney, who can handle these discussions on your behalf to protect your rights.
Contact Our Drunk Driving Accident Lawyers in Allentown Now
Time plays an important role in drunk driving cases. Evidence can disappear quickly, and strict deadlines apply under Pennsylvania law. Don’t wait to get legal guidance. Leeson & Leeson offers free, no-obligation consultations to review your case and explain your options.
Call our Allentown personal injury lawyers at (610) 691-3320 today to get started with a free evaluation of your case.
