In addition to the criminal penalties against the drunk driver, you may have a civil case for damages against the drunk driver. It will be important to find out where the drunk driver had consumed the alcohol. If he was served alcohol while at a bar or restaurant or anywhere that has a license to furnish/sell alcoholic beverages, you may also have what is called a "Dram Shop" case against the business that served the drunk driver. There is a Pennsylvania Statute, citation 42 P.S. § 4-493; 4-491, et. seq. which covers this. This law states that if a business serves someone alcohol who is "visibly intoxicated" and the serving of that alcohol is a factual cause of injury to someone, the business is liable for damages.
It would also be important to find out if the business had prior violations. The Liquor Control Board has to provide this information upon request because it is public information. You can search a violation history on the business at their website here:
http://www.lcb.state.pa.us/webapp/Agency/SearchCenter/PublicLicenseeSearchDefault.asp
If you have any questions, or would like more information, feel free to contact us. Our firm is experienced in this area of the law and has successfully handled these types of cases.
Mayerson Schreiber McDevitt, P.C.
www.mayerson.com
610-948-4800
Injured? We work for your case. 610-792-3304
www.PAinjurycase.com
About Me
- David Schreiber
- I have been practicing law since 1994. From 1994-1998, I was a State's Attorney with the "Governor's Law Firm", called the Office of General Counsel. I represented the Commonwealth of Pennsylvania in Civil Actions, including winning cases on appeal before the Commonwealth Court. In 1998, I joined a local firm. I became a shareholder. I am now a Partner at Wolpert Schreiber P.C., focusing on injury law and insurance disputes. I am one of the few lawyers handling injury cases who has worked exclusively both as a lawyer for injured people and in house for a large law group defending those claims when I was with the "Governor's Law Firm". My work also includes Insurance Disputes and Contracts. I have successfully handled hundreds and hundreds of cases, including cases to jury verdict, in State and Federal Court. I am honored to help people who come to us to solve their problems. Our goal is to seek truth and accountability, while working as hard as possible for our clients. I have obtained millions of dollars in recoveries for clients over the years. We work for your case.