If you are injured by an intoxicated driver, you have the right to file an intoxicated drivers lawsuit to recover damages and losses. The driver need not be convicted of driving under the influence (DUI) before a civil lawsuit can be filed.
To decide whether you have intoxicated drivers lawsuit claim for damages against a reckless driver, you just need to answer the following questions:
A driver with a blood alcohol content (BAC) of 0.08% or higher can face a DUI charge. This legal limit is established to make it easier for law enforcement to charge those that are intoxicated to a certain level.
However, a driver that has a BAC of between 0.05% and 0.08% is considered driving while ability impaired (DWAI). Although it carries slightly less significant penalties, DWAI is still a crime.
Do you have a legal standing to file a wrongful death claim? You do if you are one of the following:
An intoxicated drivers lawsuit could either be a lawsuit for negligence or wrongful death. In either case, the victim may recover the following:
In an intoxicated drivers negligence case, you need to prove specific elements, including the following:
As a general rule, all drivers owe other drivers and pedestrians the duty to operate a vehicle in a manner that will avoid injuring others.
In civil litigation, pointing to the evidence of the accident itself should be enough to demonstrate that a breach occurred. Hiring an intoxicated driver’s accident attorney can help you prove these cases successfully.
You need to prove that the defendant’s conduct is the factual and legal reason why you were injured. In other words, no one else, including yourself, could have primarily contributed to your harm. This is where it gets tricky and where your intoxicated drivers accident attorney will come in.
You are not allowed to use the legal system unless your injuries manifest into recognizable economic or non-economic damages. This includes, among others, medical costs, property damage, or pain and suffering.
However, in drunk driving situations, plaintiffs can simply demonstrate that the conduct was unreasonable because it is against the law. Thus, the law presumes that the drunk driver was negligent as long as the following elements are present:
Laws against drunk driving are meant to protect other drivers, pedestrians, and passengers. Therefore, if defendants drink and drive and then crash into and harm others, they are liable to compensate the victim in an intoxicated drivers accident lawsuit or claim. After all, they broke the law and harmed people in a manner expressly prohibited by law. This policy is actually helpful as it saves claimants a lot of time during the trial. Instead of arguing over whether the defendant’s conduct was wrongful or not, the claimant can show that the conduct caused your injuries or damage.
You can also file a wrongful death claim if your relative or loved one died because of a drunk driver. However, you need to prove the following points to get maximum compensation in an intoxicated drivers lawsuit.
Expect the defendant to raise defenses to avoid liability to pay compensation. Some of the common defenses that people would use to prevent an intoxicated drivers settlement include:
The victims need to argue that the police stop, which led to the DUI, was not properly maintained. As a result, the officer lacked probable cause for the accident.
Defendants often argue that either the field sobriety test or breathalyzer test was not accurately completed. They would normally claim that the machine was malfunctioning, the officer did not know how to administer it, or there were outside factors that tampered with the breathalyzer test.
Defendants point to police, administrative, or other errors to justify their release or exonerate them from civil punishment. They would also cite some intervening force or event to explain away the incident instead of their drinking and driving.
The following documentary and testimonial evidence can help build a strong case for you.
The officers who responded to the accident caused by an intoxicated driver’s negligence need to file a formal report. This report will likely contain the most crucial details, such as the results of any field sobriety tests or breath tests conducted in the aftermath. The police report will help you prove that the driver who struck you was impaired.
Several parties might have seen what happened, including other motorists and their passengers, cyclists, and pedestrians. If any of those parties testified to seeing the at-fault party driving erratically before the crash, it would really help strengthen your claim.
Accident reconstruction experts will determine how the accident occurred by checking out the photos and videos of the wreckage. This evidence plays an important role in convincing the insurance adjuster that the driver who struck you was drunk.
Most modern vehicles are now equipped with event data recorders or black boxes. From seat belt engagement to brake application, these devices log more than a dozen operational variables. Therefore, if the black box data shows that the motorist who hit you was driving recklessly before the accident or failed to take any evasive maneuvers whatsoever to avoid the collision, the reckless or intoxicated driver’s negligence makes them liable.
Your medical records, such as your health insurance statement, hospital logs, and x-ray images, will serve as the foundation of your damages claim. To mitigate disputes regarding causation, you need to visit a doctor as soon as possible after the accident. Additionally, it will help reduce the risk of complications since some impact injuries can get considerably worse the longer they are left untreated.
Ethen Ostroff Law can help you connect with an experienced intoxicated driver’s accident lawyer who will go after the person or company that caused your injuries. If you have any inquiries or want to know how we can handle your intoxicated drivers lawsuit case and successfully get you maximum compensation, don’t hesitate to contact us.
What are you waiting for? Contact Ethen Ostroff Law now at 610-510-8883 ( by calling this number, you consent to receive SMS updates from Ethen Ostroff Law) or Submit Form to get free consultation.
Nicholas began his post-graduate career clerking for the Honorable Linda Rovder Fleming in the Cambria County Court of Common Pleas. From there, he quickly found his calling in workers’ compensation, personal injury, and Social Security disability law—areas where he could directly impact people’s lives in moments of crisis. He’s helped clients navigate complex legal claims, including securing a settlement exceeding $300,000.
Nicholas brings clear communication, genuine empathy, and an unrelenting drive to achieve the best outcomes for his clients. Whether he’s navigating a complex workers’ comp claim or pushing for a major settlement, he brings focus, dedication, and deep legal knowledge to every case.
He’s also a proud member of Pennsylvania Advocates for Justice and remains active in various professional legal organizations. Nicholas is licensed to practice law in Pennsylvania.
When he’s not fighting for the injured, Nicholas is enjoying time with his family, kicking a soccer ball around, hitting the golf course, or cheering on Pittsburgh’s local teams.
Joe Ring heads the workers’ compensation department at Ethen Ostroff Law, where he takes pride in fighting for injured workers.
Joe is a Philadelphia native and maintains deep roots in the area. As the grandson of a Philadelphia Firefighter, son of a Philadelphia public school teacher, and veteran of the United State Marine Corps, he was taught to value service, dedication, and hard work. He applies these values to every case and takes great satisfaction in representing hard-working clients with those same traits.
After obtaining his bachelor’s degree in history from St. Vincent College in Western Pennsylvania, he graduated from Villanova Law School in 2012 and, since then, has litigated hundreds of workers’ compensation hearings and trial depositions on behalf of both employers and injured workers. During this time, Mr. Ring has written articles and presented Continuing Legal Education courses on developments in Pennsylvania Workers’ Compensation Law. He is active in local professional organizations, and, in 2022, he served a Co-chairperson of the Philadelphia Bar Associations Workers’ Compensation Section.
Since coming to EOL in 2024, he has dedicated his practice entirely to helping injured workers navigate the system and obtain their rightful benefits.
Joe is licensed to practice in Pennsylvania.
Brandon Zanan heads the personal injury claim department with Ethen Ostroff Law.
Brandon’s education in both law and medicine assist him in expertly representing badly injured victims. Brandon has a Master’s Degree in Forensic Medicine from the Philadelphia College of Osteopathic Medicine, with a concentration in anatomy and pathology. With this knowledge, Brandon is skilled at analyzing medical records and understanding injuries that are common in personal injury claims. He uses this expertise in conjunction with listening carefully to each client’s needs, in order to fiercely advocate for clients and tell their stories when they would not otherwise have a voice.
Brandon’s background includes a variety of experience and skills in various areas of civil practice. He is the author and editor of numerous books for the George T. Bisel Publishing Company, including “Pennsylvania Damages” and the “Pennsylvania Vehicle Code Annotated,” two texts that are frequently relied on by lawyers and judges across Pennsylvania as authoritative resources on personal injury law.
Brandon is a member of the Pennsylvania and Montgomery Bar Associations. He is also a member of Pennsylvania Association for Justice, and has served as an executive board member of the Montgomery American Inn of Court.
He is admitted to practice in the Commonwealth of Pennsylvania, the United States District Courts for the Eastern District of Pennsylvania and Middle District of Pennsylvania, the State of New Jersey, the United States District Court for the District of New Jersey, and in the Commonwealth of Virginia. Brandon has represented many clients in motor vehicle, premises liability, animal bite, and products liability cases across Pennsylvania and New Jersey and has obtained outstanding results with millions of dollars recovered for his clients.
He has been named a Pennsylvania Rising Star from 2021 onward. The “Super Lawyers-Rising Star®”, list recognizes no more than 2.5 percent of attorneys in each state
Brandon currently lives in Malvern with his wife Rachel and their son Max.
Effective Date: July 10, 2024
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