What If the Drunk Driver Is Underage?
It’s frustrating enough when the person who causes your car accident is a drunk driver. But if that driver is also under the legal drinking age, the situation becomes even more complex. You might wonder who is truly responsible and how you can recover the compensation you need for your injuries.
In cases involving an underage drunk driver, liability can extend beyond the young person behind the wheel to include the adults who may have provided them with alcohol or the vehicle.
Key Takeaways for Underage Drunk Driver Accident Liability
- Liability in an underage drunk driving accident can involve multiple parties, not just the minor who was driving.
- Pennsylvania’s Dram Shop and Social Host Liability laws may hold adults or businesses accountable for providing alcohol to the underage driver.
- The parents of the underage driver could potentially be held responsible under certain circumstances, such as negligent entrustment of their vehicle.
- Victims may be able to pursue compensation for medical expenses, lost income, and pain and suffering from all liable parties.
- A thorough investigation is critical to identifying every person or entity that contributed to the accident.
Who Can Be Held Responsible in an Underage Drunk Driving Accident?
After a crash, one of the first questions people ask is, “Who pays for my injuries?” When an underage driver is at fault, the answer isn’t always simple. The concept of legal responsibility, or “liability,” broadens.
While the driver is certainly a primary focus, Pennsylvania law allows victims to look at the entire chain of events that led to the crash. This means identifying every person or business whose negligent actions contributed to an intoxicated minor getting behind the wheel. A detailed investigation is often necessary to uncover all the parties who share in the underage drunk driver accident liability.
The Underage Driver’s Liability
The most direct source of liability is, of course, the underage driver. Any driver who causes an accident through carelessness can be held negligent. Negligence is a legal term that simply means someone failed to act with reasonable care, and that failure caused harm to others. For an underage drunk driver, this is even more clear-cut.
In Pennsylvania, it is illegal for anyone under 21 to consume alcohol. It is also illegal for anyone to drive with a Blood Alcohol Concentration (BAC) of .08% or higher. For drivers under 21, the limit is much stricter at .02%. Because the driver was breaking multiple laws by drinking and driving, their actions are often considered negligence per se. This is a legal principle, meaning the act itself is automatically considered negligent because it violates a safety law. This can make proving the driver’s fault more straightforward.
Compensation from the driver is typically sought through their auto insurance policy. In many cases, a teenager is covered under their parents’ policy, which would be the primary source for recovery.
Can the Driver’s Parents Be Held Liable?
This is a common and important question. In Pennsylvania, parents are not automatically responsible for their children’s actions just because they are parents. However, there are specific situations where they can be held financially accountable for the damages their child caused.
- Negligent Entrustment: This applies if parents lend their car to their child when they knew, or should have known, that the child was likely to be a reckless or unsafe driver. For example, if they were aware their teen had a history of drinking or reckless driving, giving them the keys could be seen as negligent entrustment.
- Social Host Liability: If the parents hosted a party and knowingly served or allowed minors to consume alcohol, they could be held directly liable for a resulting crash. This falls under Pennsylvania’s social host liability laws, which we’ll discuss more below.
- Signing for a Driver’s License: In Pennsylvania, a parent or guardian must consent for a minor to get a driver’s license. Under state law, this means the adult who signed the application can be held jointly liable for any damages the minor causes while driving.
These scenarios show how parental actions, or inactions, can create a direct link of responsibility for the harm caused by their child.
Pennsylvania’s Laws on Providing Alcohol to Minors
A crucial part of any underage drunk driving case is figuring out where the minor got the alcohol. Pennsylvania has specific laws designed to hold people accountable for irresponsibly providing alcohol, especially to those who are underage. These are known as Dram Shop and Social Host Liability laws. Understanding the difference is key to exploring all avenues for compensation.
Dram Shop Liability
The Pennsylvania Dram Shop Act holds businesses with liquor licenses accountable for serving alcohol irresponsibly. A licensed establishment, like a bar, restaurant, or beer distributor, can be held liable for injuries caused by a patron if they served alcohol to someone who was either:
- Visibly intoxicated
- Under the age of 21
For example, if a bartender served drinks to a 19-year-old who then caused a crash on the Schuylkill Expressway, the bar could be held partially responsible for the victim’s injuries. The same applies if they continued serving a visibly drunk adult who then caused an accident. This law recognizes that alcohol vendors have a duty to the public to serve responsibly. You can review the specifics of this law under Title 47 P.S. Section 4-493(1).
Social Host Liability
What if the alcohol didn’t come from a bar but from an adult at a party? This is where social host liability comes into play. In Pennsylvania, an adult (someone 21 or older) who knowingly provides or furnishes alcohol to a minor can be held liable for any harm that minor causes as a result of being intoxicated.
This is a common scenario in underage drinking cases. Imagine a college student hosts a party in a neighborhood near Temple University and provides beer to their 19-year-old friend. If that friend later drives and causes a serious collision, the adult who hosted the party and provided the beer could be a defendant in a personal injury lawsuit. This law ensures that private individuals, not just businesses, are held accountable for enabling underage drinking and driving.
What Kind of Compensation Can You Pursue After an Accident?
Being injured in an accident caused by an underage drunk driver can turn your life upside down. You may be facing mounting medical bills, time off work, and significant pain. The goal of a personal injury claim is to recover compensation, legally known as “damages,” to help make you financially whole again. The compensation you may be able to pursue often falls into several categories.
- Economic Damages: These are the tangible, calculable financial losses you have suffered. They include things like all past and future medical bills, lost wages from being unable to work, and the cost to repair or replace your vehicle.
- Non-Economic Damages: These damages are meant to compensate you for the non-financial harm the accident caused. This includes your physical pain and suffering, emotional distress, scarring or disfigurement, and loss of enjoyment of life.
- Punitive Damages: In some cases of extreme recklessness, punitive damages may be awarded. These are not meant to compensate the victim for a specific loss but rather to punish the wrongdoer and deter similar conduct in the future. Drunk driving accidents, especially those involving egregious behavior, are situations where punitive damages might be considered.
Calculating the full value of your claim requires a careful review of your current losses and a projection of your future needs related to the accident.
How a Philadelphia Personal Injury Lawyer Can Help with Underage Drunk Driver Accident Liability
Navigating the complexities of underage drunk driver accident liability on your own can be incredibly difficult, especially while you are trying to heal. The number of potentially responsible parties—the driver, their parents, a social host, or a business—requires a deep investigation that can be challenging for a victim to handle alone. This is where an experienced attorney can make a significant difference.
Accidents involving alcohol-impaired driving remain a serious problem nationwide. Unraveling the specific circumstances of an underage DUI crash requires a focused approach.
A lawyer can handle all aspects of your case, allowing you to focus on your well-being. This includes:
- Conducting a Full Investigation: An attorney can work to uncover every detail of the accident, including subpoenaing records, interviewing witnesses, and determining exactly where the minor obtained the alcohol.
- Identifying All Liable Parties: Based on the investigation, a lawyer can identify every person and entity that shares responsibility for your injuries, maximizing your potential sources for recovery.
- Calculating Your Total Damages: This involves not just adding up your current bills but working with medical and financial professionals to understand the long-term costs of your injuries.
- Handling All Communications: An attorney will manage all communication and negotiations with the various insurance companies involved, protecting you from tactics they might use to minimize your claim.
Having a dedicated advocate on your side ensures that all potential avenues for compensation are explored and that your rights are protected throughout the entire process.
FAQs: Underage Drunk Driver Accident Liability
Here are some answers to common questions about underage drunk driver accident liability.
What if the underage driver was driving a friend’s car?
If the underage drunk driver was driving a car owned by someone else, the vehicle owner’s insurance policy would likely be the primary source of coverage. Additionally, the owner could potentially face a claim for negligent entrustment if they knew or should have known that the person they lent their car to was a minor likely to drink and drive.
Does it matter if the social host who provided the alcohol was also a minor?
This complicates the situation, but it doesn’t eliminate liability. While a minor social host may not have significant assets or insurance, their parents could potentially be held responsible, especially if the party took place at their home and they were aware of underage drinking.
Can I still file a claim if the underage driver was not criminally convicted?
Yes. A personal injury claim is a civil matter, which is entirely separate from any criminal charges the driver may face. The standard of proof is lower in a civil case, meaning you can still succeed in your claim for compensation even if the driver is acquitted or never charged criminally.
How long do I have to file a lawsuit in Pennsylvania?
In Pennsylvania, the statute of limitations for most personal injury claims is two years from the date of the accident. It is crucial to act within this timeframe, as failing to do so will likely result in your case being permanently barred.
What if my own insurance covers my medical bills initially?
Your own insurance, particularly if you have Personal Injury Protection (PIP) or health insurance, will often pay for your initial medical treatment. However, this does not prevent you from pursuing a claim against the at-fault parties to recover all of your damages, including reimbursing your own insurer and recovering compensation for your pain and suffering.
What if I am partially at fault for the accident?
Pennsylvania follows a legal rule known as modified comparative negligence. This means you can still recover compensation for your injuries, as long as your percentage of fault is not greater than the combined fault of the other parties involved (meaning you are 50% or less responsible). However, your final compensation award would be reduced by your percentage of fault. For example, if you were found to be 10% at fault, your total recovery would be reduced by 10%.
Contact Our Philadelphia Personal Injury Lawyers Today
When a reckless act by an underage drunk driver causes you harm, you deserve accountability and a chance to rebuild your life. The legal journey can be complicated, but a trusted lawyer can guide you through the process. At Leonard Hill – Personal Injury Lawyers And Car Accident Lawyers, we are committed to providing compassionate and determined advocacy for injury victims. We have spent our careers holding negligent parties accountable and fighting for the full compensation our clients deserve.
If you or a loved one has been injured, contact us today at (215) 567-7600 or through our online form for a free consultation. Let us listen to your story and explain how we can help you on the path to recovery.