Being hit by someone under the influence is already traumatic, but what if the drunk driver fled the scene of the accident? You’re left with injuries, damage, and no one taking responsibility. While it might feel like there’s no clear path forward, Pennsylvania law gives victims legal options, even in these tough situations.
Read on to learn about the unique issues in drunk driving hit-and-run accidents and the steps to take if you’re affected. If a drunk driver caused a crash that hurt you or someone you love, the right information and support can make all the difference. Contact a car accident lawyer near you now for a free consultation. They can review your case and advise you on the best course of action. They can also advocate for you at every turn to help you obtain maximum compensation.
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The Devastating Impact of Drunk Driving Hit-and-Run Accidents
Drunk driving crashes are already some of the most damaging types of accidents. Add in a hit-and-run, and the results are even worse. Victims often deal with severe injuries, expensive hospital bills, lost paychecks, and ongoing care needs. When the driver vanishes, those costs fall directly on the victim at first before any coverage or compensation kicks in.
Families also deal with the emotional strain of feeling like justice hasn’t been served. It’s especially frustrating when the person responsible runs off instead of helping. These situations may leave victims angry, scared, and unsure of what to do next.
Legal Complexities When Alcohol and Hit-and-Run Charges Combine
Hit-and-run cases that involve alcohol come with layers of legal complications. The driver may face charges for both crimes. This creates two tracks: a criminal case and a civil case. Each moves at its own pace, and the outcomes don’t always match.
At the same time, collecting evidence becomes harder. Blood alcohol content might not be tested if the driver isn’t caught right away. That means extra effort is needed to prove both the crash and the driver’s condition.
Victims Have Legal Options Despite Challenging Circumstances
Even when the driver leaves the scene, injured victims still have options. If police can track down the person, you can seek compensation through their insurance or a lawsuit. If not, your own insurance policy might cover your costs under uninsured motorist benefits.
The legal process can help you find answers and financial relief. A skilled attorney can step in to investigate, deal with insurers, and push for accountability.
What Makes a Drunk Driver Hit-and-Run Case Different?
When alcohol and hit-and-run crimes mix, the result is a tougher, messier case. Several factors make these accidents stand apart from other personal injury claims.
Dual Criminal Charges Face the Driver
In Pennsylvania, driving under the influence is a crime. So is leaving the scene of a crash. When a driver does both, they face multiple charges. Under 75 Pa. C.S. § 3802, anyone operating a vehicle with a blood alcohol content (BAC) of 0.08% or more can be charged with DUI. Leaving the scene adds another offense under § 3744-3745, depending on injury or damage.
Each crime comes with separate penalties. A driver could lose their license, spend time in jail, pay fines, and even face felony charges if someone was hurt or killed.
Evidence Collection Becomes More Complex
If the driver disappears, police lose the chance to test their BAC right away. That missing evidence makes it harder to prove intoxication later. Officers must rely on witness accounts, surveillance footage, and circumstantial evidence like open containers in the car.
Victim's Burden of Proof Increases
The person hurt in the crash has to prove what happened and who caused it. Without the driver present, that job gets harder. An attorney might need to reconstruct the accident or interview multiple witnesses to build a case. This takes time and effort.
Understanding Hit-and-Run Laws in Pennsylvania
Knowing what the law says helps explain why these cases are taken so seriously and why penalties are often steep.
- Definition of Hit-and-Run: Under Pennsylvania law, a driver must stop after a crash involving injury, death, or property damage. Failing to do so counts as a hit-and-run.
- Required Actions After an Accident: Drivers must stop, give help if needed, and provide their name, address, vehicle info, and insurance details. If someone is injured, calling 911 is required.
- Penalties for Leaving the Scene: Penalties depend on the outcome of the crash. For property damage only, it’s usually a misdemeanor. If someone gets hurt or dies, charges can rise to a felony with jail time and license suspension.
- How Alcohol Involvement Escalates Charges: When alcohol is involved, charges stack. A driver may face DUI, aggravated assault while DUI, and hit-and-run charges all at once. Each adds to the potential sentence.
What Should You Do Immediately After a Hit-and-Run Accident?
You can protect your health and legal rights by taking the right steps after a crash, even if the other driver runs.
Seek Medical Attention First
Even if injuries seem minor, get checked out. Some injuries don’t show symptoms right away. A medical record also creates a link between the crash and your condition.
Document Everything at the Scene
If you’re able, take photos of your vehicle, debris, skid marks, and anything else that could help. Jot down what you remember, like the other car’s make, model, color, or license plate.
Report to Police and Insurance
Call the police immediately and file a report. Then contact your insurer to let them know what happened. Waiting too long could hurt your claim.
Preserve Evidence for Your Case
Hold onto all medical bills, repair estimates, and photos. These items help your attorney or insurance adjuster evaluate your losses.
How Do Police Investigate Drunk Driver Hit-and-Run Cases?
Police face added hurdles when a driver disappears after a crash. But several tools help them track down suspects and build a case.
Initial Scene Investigation and Evidence Collection
Officers will gather physical evidence like broken glass, paint chips, and car parts. They’ll also talk to witnesses and look for traffic cameras nearby.
Vehicle and Driver Identification Methods
If someone caught a license plate number or described the car, police use that to find the registered owner. From there, they can check alibis and get statements.
Technology and Witness Assistance in Tracking Perpetrators
Surveillance footage from nearby businesses and homes often plays a big role. So do witness videos from smartphones. Social media tips and anonymous calls can also lead to a break.
Timeline Challenges in Drunk Driving Cases
If too much time passes, blood alcohol levels drop, which makes DUI charges harder to prove. That’s why early investigation matters so much.
What Compensation Can You Recover?
Victims of drunk driver hit-and-run crashes may qualify for several types of financial recovery.
- Medical Expenses (Current and Future): Covers ER visits, surgeries, rehab, prescriptions, and long-term care.
- Lost Wages and Diminished Earning Capacity: If you missed work or can’t return to your job, you can claim lost income.
- Property Damage to Your Vehicle: Includes repair or replacement costs.
- Pain and Suffering Damages: Compensates for physical pain and the emotional toll of the crash.
- Punitive Damages in Drunk Driving Cases: Courts sometimes award extra money to punish reckless drivers.
- Uninsured Motorist Coverage Options: If the driver isn’t caught, your own insurance might help. Pennsylvania drivers can carry uninsured motorist protection for this reason.
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What Are the Biggest Challenges in Drunk Driving Hit and Run Cases?
Not every hit-and-run case involving alcohol gets resolved quickly. Here’s why.
Delayed Alcohol Testing Complications
When the driver isn’t found right away, proving they were drunk gets harder. Alcohol leaves the bloodstream fast.
Identifying Unknown Drivers
If no one saw the crash or got the plate number, identifying the driver might take longer, or not happen at all.
Insurance Coverage Gaps
Sometimes the driver has no insurance, or too little to cover your losses. In those cases, your own policy may be the only way to recover damages.
Statute of Limitations Concerns
Pennsylvania gives victims two years from the crash date to file a personal injury lawsuit. If you miss that deadline, you likely lose your right to compensation.
How Can a Personal Injury Attorney Help Your Case?
Legal help can change the outcome in a drunk driving hit-and-run case. A good lawyer doesn’t just file paperwork; they work every angle of your case.
Conducting Independent Investigations
Attorneys don’t rely solely on police reports. They may revisit the scene, talk to more witnesses, or hire private investigators.
Working with Accident Reconstruction Experts
Specialists can rebuild how the crash happened and support claims about speed, direction, and force of impact.
Negotiating with Insurance Companies
Insurers may try to minimize your payout or delay action. An attorney can push back and argue for a fair settlement.
Pursuing All Available Compensation Sources
This might include your own policy, the other driver’s policy, or even third parties if someone else contributed to the crash.
Coordinating with Criminal Proceedings
Your lawyer can keep track of the criminal case and use helpful evidence in your civil claim. Even if the driver takes a plea deal, their actions can still support your lawsuit.
Why Time Is Critical in Hit-and-Run Cases
Waiting too long to act can harm your case in more ways than one.
- Evidence Preservation Urgency: Skid marks fade, debris gets cleaned up, and video gets erased.
- Witness Memory Deterioration: People forget key details fast. Prompt interviews are more reliable.
- Insurance Claim Deadlines: Policies may require notice within days. Missing that window gives the insurer an excuse to deny your claim.
- Legal Filing Requirements and Deadlines: As mentioned, Pennsylvania allows you only two years to file a personal injury lawsuit. Missing that deadline usually means no payout, no matter how strong your case is.
Frequently Asked Questions About Drunk Driving Hit-and-Run Cases
Can I still file a lawsuit if the drunk driver is never found?
Yes. If you have uninsured motorist coverage, you can make a claim with your own insurance company. That claim still needs proof of the other driver’s fault.
Will the criminal case against the driver help my civil case?
It can. A conviction or guilty plea may support your civil claim, but you still have to prove your damages separately.
What if the driver was found but claims they weren’t drunk?
Blood tests, witness statements, and other clues can help prove intoxication, even without a confession.
How long do I have to file a personal injury claim?
In Pennsylvania, you have two years from the date of the crash to file your lawsuit. Some exceptions apply, but they’re rare.
Let Our Attorneys Help When a Drunk Driver Flees the Scene in PA
Drunk driver hit-and-run cases don’t follow a simple script. They require investigation, planning, and aggressive action. That’s where The Oakes Firm comes in. Our legal team knows what it takes to build a strong case and hold the right people accountable.
We offer free consultations to hear your story and explain your legal options. If you choose to move forward, we’ll get to work right away preserving evidence, contacting witnesses, and demanding fair treatment from insurance companies.
Don’t wait. The clock is ticking on evidence and legal deadlines. Contact a personal injury lawyer at The Oakes Firm today and find out how we can help you pursue the compensation you deserve with the personal care your situation demands.