December is a season of constant celebration throughout Pennsylvania, culminating in the high-energy festivities of New Years Eve. While many people look forward to gathering at local bars or private residences to ring in the new year, this period also brings a predictable and dangerous increase in traffic accidents. At Anapol Weiss, we frequently represent victims who have been injured in what is known as the late-night crash pattern. This phenomenon occurs when a surge of drivers enters the roadway after holiday parties, often while impaired by alcohol.
Understanding the Late-Night Crash Pattern
The late-night crash pattern refers to a specific window of time when the risk of a serious collision is at its highest. During the month of December, and specifically on New Years Eve, this pattern typically begins in the late evening and reaches its peak between midnight and 4:00 AM on January 1. As bars reach closing time and house parties conclude, a large number of vehicles are on the road simultaneously.
Several factors make these late-night crashes particularly severe. Drivers may be dealing with reduced visibility due to the winter season and darkness. When you add the effects of alcohol, such as slowed reaction times and impaired judgment, the results are often high-speed collisions. Because impaired drivers frequently fail to brake before a crash, the force of the impact often leads to life-altering injuries for innocent motorists.
Pennsylvania Dram Shop Liability for Bars
If you are hit by a driver who was drinking at a commercial venue like a tavern or restaurant, the driver is not the only party who may be held responsible. Pennsylvania law includes a statute known as the Dram Shop Act. This law allows victims to seek damages from a business if that business served alcohol to a person who was visibly intoxicated.
Visible intoxication is the legal requirement for a Dram Shop claim in Pennsylvania. It means that the server or bartender provided alcohol to a patron who was showing outward signs of impairment. These signs can include slurred speech, a lack of physical coordination, or bloodshot eyes. If a licensed establishment continues to serve a patron who is clearly drunk, and that patron later causes an accident, the business may be held financially liable for the victims' medical bills and other losses.
Social Host Liability and Private Parties
Many New Years Eve celebrations take place at private homes. In Pennsylvania, the rules for social hosts differ from those for businesses. For events involving guests who are 21 or older, the courts generally hold the individual drinker responsible for their own actions rather than the person who hosted the party.
However, there is a major exception regarding minors. If a host provides alcohol to a person under the age of 21, that host can be held legally responsible for any injuries caused by the minor’s intoxication. In Pennsylvania, the act of serving a minor is considered negligence by itself. If an underage driver leaves a house party in December and causes a collision, the host of that party may face a civil lawsuit for the resulting damages.
Similar Post: Pennsylvania Personal Injury Claims: Understanding Deadlines to Protect Your Rights
Why Pursuing a Claim Against Multiple Parties is Necessary
In a serious crash, the driver who caused the accident might have a small insurance policy that cannot cover the full cost of your recovery. This is common when victims suffer from permanent disabilities or require long-term medical care.
By investigating where the driver was drinking before the crash, we can determine if a bar or a host is also at fault. Commercial establishments typically carry much larger insurance policies than individual drivers. Holding these businesses accountable also serves as a deterrent, encouraging bars to follow better safety protocols and prevent over-service in the future.
The Impact of the Limited Tort Waiver
Many Pennsylvania residents choose the limited tort option on their car insurance to reduce their premiums. Normally, this choice limits your ability to sue for pain and suffering. However, Pennsylvania law provides a specific exception for accidents involving drunk drivers.
If the person at fault is convicted of a DUI or enters a diversionary program like ARD, the limited tort restriction is usually waived. This means you can pursue full compensation for your physical pain and emotional distress, even if you originally selected the limited tort option. This is a critical legal protection for victims of holiday crashes.
Frequently Asked Questions
Can I sue a bar if the driver was only there for one drink?
Yes. If the driver was already visibly intoxicated when they arrived and the bar served them even one more drink, the bar can be held liable for any accident that follows.
What should I do if the driver fled the scene of the accident?
You should still contact the police and your insurance company. If the driver is found later, we can investigate where they were drinking. If they are not found, you may be able to seek recovery through the uninsured motorist coverage on your own policy.
How do I prove a person was visibly intoxicated at a party or bar?
Evidence can include testimony from other people who were at the venue, receipts showing how many drinks were purchased, and surveillance footage from the bar or nearby businesses. We also look at the timeline of the evening to show how much alcohol was consumed.
Similar Post: Importance of Evidence Preservation in Personal Injury Lawsuits
What if I was also drinking but was hit by another drunk driver?
You can still file a claim. Pennsylvania uses a rule called comparative negligence. As long as you were not more than 50 percent responsible for the accident, you can still recover damages, although the amount may be reduced based on your level of fault.
Is there a deadline for filing a lawsuit after a New Years Eve crash?
In Pennsylvania, the statute of limitations for personal injury claims is two years from the date of the accident. Because evidence like bar video can be erased quickly, it is best to speak with a personal injury attorney as soon as possible after the event.
Can a company be sued for an accident after an office holiday party?
If the company hired a professional catering service with a liquor license, that caterer could be liable under Dram Shop laws. If the company hosted the party themselves without a license, the rules regarding social host liability would apply.
Get the Help You Need After a Holiday Crash
If you or a loved one were injured by a driver leaving a party or bar this December, do not try to handle the insurance companies alone. The attorneys at Anapol Weiss have the experience to investigate the source of the driver's intoxication and fight for the full compensation you deserve. Contact us today at 215-735-1130 for a free consultation.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.
