Pennsylvania DUI Injury and DUI Accident Laws

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PA DUI Accident

There are two types of DUI accident casesin PA:

  1. DUI accidents that causes property damage, and
  2. DUI accidents that cause injury (Aggravated Assault by Vehicle while DUI)

A DUI accident that causes property damage

When it comes to DUI charges in PA, sentencing enhancements are one of the main concerns and main reasons that you need an experienced attorney like those at the McShane Firm. Sentencing enhancements occur when the district attorney seeks to increase your potential punishment in your DUI case. The worst part about it is that you are eligible for this type of enhancement even if the accident is clearly not your fault. So, for example, if someone runs a stop sign and you have the right of way with the accident clearly not your fault, the enhancement still applies.
Several sentencing enhancements can affect your DUI charges in PA including

  • increased fines,
  • increased jail time, and
  • additional license suspension periods.

Make sure you protect yourself and your rights under criminal and civil law when you are charged with a DUI in PA by contacting The McShane Firm and obtaining proper representation.

Aggravated Assault by Vehicle while DUI

A DUI accident with injuries with serious bodily injury is an Aggravated Assault by Vehicle while DUI, This isn’t an enhancement. In fact, it is a totally separate and distinct criminal charge. It is a second-degree felony according to DUI laws in PA.

The maximum sentence, if convicted, is 10 years in jail and up to $25,000 in fines.

According to DUI laws in PA, the district attorney must prove beyond reasonable doubt that:

  1. you committed the crime of DUI,
  2. the person’s injury was defined as serious bodily injury under the law, and
  3. the direct and proximate cause of the serious bodily injury was the DUI.

When selecting which attorney to hire, please consider:

  • Can you call anytime and talk to a live person?
  • Do they offer payment plans with no credit checks?
  • Will your attorney be attentive and explain what’s going on?

At The McShane Firm, we answer yes to all of these questions. We strive to provide you with a great customer service experience during this tough time.

What is serious bodily injury for Aggravated Assault by Vehicle while DUI charges?

SBI or serious bodily injury is “serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.” Sometimes people and prosecutors try to claim whiplash or some other soft tissue injury qualifies as SBI. This, of course, can be easily challenged.

Agg-Assault-DUI
Agg Assault DUI: sometimes people fake their injury to try to get a lot of money

Agg Assault DUI defenses

Besides the traditional defenses to DUI that we go after, Agg Assault while DUI cases usually get a lot more complicated. The major questions surrounding these types of cases usually surround how the government trues to prove beyond a reasonable doubt that the DUI was the direct AND proximate cause of the SBI. If we can break that causal chain, then the government loses their case. Your chances of going to jail decrease. The possibility of having a felony on your record is zero. Other factors outside of impairment that can cause accidents include:

  • Texting while driving
  • Distractions in the car
  • Fatigue or sleepiness
  • Spilling something
  • poorly constructed sight lines
  • improperly graded roads
  • poor road conditions
  • poor weather conditions
  • the other driver not having their headlights or tail lights on at night
  • falling objects in the road
  • animals in the road
  • people in the road
  • the other driver being drunk or high
  • the other vehicle being unroadworthy
  • the person injured wearing all dark clothing on a rural road with no overhead lighting
  • the person injured walking in the road
  • and the list goes on and on.

We’ve seen it all. That’s why you need an attorney like The McShane Firm who has extensive accident scene reconstruction training and has handled hundreds upon hundreds of these cases.
 

Penalties for DUI Accidents and DUI Charges in PA

DUI charges in PA are serious offenses in the eyes of Pennsylvania law. Because the main goal of PA drunk driving laws is to keep the roadways safe—and driving under the influence of drugs and/or alcohol impede on that safety—many DUI cases in Pennsylvania are prosecuted to the fullest extent of the law. Oftentimes, the drunk driver is responsible for both criminal and civil liabilities connected with the accident including when someone is injured or property is damaged.

What is The McShane Difference?

  • We take time to understand your personal needs and goals. Then we cater our legal strategy to fit you.
  • We care about you. We listen and return phone calls. We will take time to explain things so you are not left anxious in the dark.
  • We will make this as easy as possible. We will try to minimize the number of times you have to be in court which means less disruption of your work and family life.

Does this sound like what you are looking for in an attorney? If yes, then take the next step and call (717) 657-3900.

Restitution in DUI Accident or Injury cases in PA

Restitution is the legal theory where the injured party is supposed to be made whole. The idea behind it is that they are the victim of a crime and the perpetrator ought to pay them back. Unfortunately, when money is involved such is in the case of DUI accident cases, people lie. Many times, people try to turn the accident or injury into a financial jackpot. They claim damages that don’t exist. They make insurance claims but try to double dip by getting both the insurance settlement and also the loss from you. We won’t stand for their attempted theft.

Civil lawsuits for Property Damage or Injury cases

Civil liability connected with DUI accident cases in Pennsylvania can be debilitating as well. Injured victims or family members of deceased victims usually file civil court cases to collect settlements for damages including emotional damage, lost wages, medical expenses, pain and suffering and property damage. Do not let your DUI charges in PA leave you with unnecessary consequences and increased charges. Let The McShane Firm represent you, protect your rights, and understand civil and criminal liabilities connected to PA drunk driving laws.

Our Clients are entitled to a Bill of Rights which states:

  • Our clients have the right to expect, we will be proactive in communication. You will hear it from us first. We will return all phone calls, texts and emails promptly.
  • Our clients have the right to expect plain speaking, straight shooting. No B. S.
  • Our clients have the right to expect us to do it right the first time, every time.
  • Our clients have the right to expect us to be on time and professionally prepared for all court appearances, and all meetings.
  • Our clients have the right to expect that they will be fully informed at all times.

This is our promise to you. Call today to get us on your side: (717) 657-3900.

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