Drunk drivers cause a significant number of Pennsylvania car accident injuries and fatalities each year.
Public service campaigns and Pennsylvania law make clear that drunk driving is illegal and not tolerated in the Commonwealth. Given the strong public policy against drunk driving, should you be allowed to sue if ayou have limited tort insurance a drunk driver hits you?
In Pennsylvania, you may have the right to sue a drunk driver for car accident injuries even if you have limited tort coverage and you may be entitled to full tort damages in certain circumstances.
There is an exception in PA limited tort law that allows a person covered by limited tort option car insurance to recover full tort damages in certain circumstances. Specifically, the injured party may recover damages for pain and suffering, as well as other damages, if the driver responsible for the accident was convicted of or accepted responsibility for Accelerated Rehabilitative Disposition (ARD) for driving under the influence of alcohol or a controlled substance.
It is not enough that the person was arrested for drunk driving or even that the person was found to have a blood alcohol content above the legal limit of 0.08%. Instead the law requires that the either driver accept responsibility or be convicted.
If you know someone with limited tort coverage in PA who was hurt by a drunk driver, please share this page with that person so that he or she can understand his or her potential recovery.
