As a cyclist, you are likely aware of the risks of sharing the road with cars. Still, even with precautions, accidents can happen. If you are hit by a driver who’s under the influence, knowing what to expect can help you cope with the aftermath of such a traumatic experience.
Drunk driving in Pennsylvania
Pennsylvania treats drunk driving accidents very seriously. State law defines driving under the influence (DUI) as operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher.
When a drunk driver causes an accident, especially one involving injury, the law imposes strict penalties. These can include jail time, fines and license suspension.
Your rights as an injured cyclist
If a drunk driver hits you, you may have the right to seek compensation for your injuries. In Pennsylvania, you can recover damages for:
- Medical bills, including emergency care and follow-up visits
- Lost wages if you cannot work during recovery
- Pain and suffering due to your injuries
- Bicycle repairs or replacement
- Punitive damages if the driver’s actions were especially reckless
Pennsylvania follows a modified comparative negligence rule. If the driver claims you were partly at fault, your compensation could decrease. Establishing the drunk driver’s responsibility can be vital.
Evidence that strengthens your case
After a bicycle accident, gather these key pieces of evidence:
- Police reports showing the DUI arrest details
- Blood alcohol test results
- Photos of the accident scene and your injuries
- Medical records documenting your treatment
- Witness statements about the driver’s behavior
- Bar receipts or surveillance footage, if available
This documentation can help you build a strong personal injury case against the drunk driver.
Why you need legal representation
Insurance companies know drunk driving cases carry higher settlement values. They will fight harder to minimize your payout. The drunk driver’s insurance company will likely deploy experienced lawyers to protect its interests.
You benefit from having someone equally experienced on your side. Working with a skilled attorney who understands Pennsylvania’s drunk driving laws and knows how to maximize your compensation can make a significant difference.