Limited Tort Exception: Driving Under the Influence (“Drunk driver”)
Motorists bound by “limited tort” in PA may lose the right to sue for pain and suffering from a motor vehicle accident, unless an exception applies. These include:
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- A passenger in a commercial vehicle, such as a bus or ridershare,
- when the injuries involve a serious impairment of an important bodily function, or,
- the crash-related injury causes permanent and serious disfigurement.
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But there exists another important exception: the driver causing the accident was (a) drunk — or driving under the influence of a controlled substance while otherwise impaired — and (b) found guilty or admitted into a similar criminal program.
Statutory Language For the Drunk (or Impaired) Driving Exception –§1705(d)(1)(i)
The statute in Pennsylvania governing limited tort is straight-forward. The law — set forth in §1705(d)(1)(i) — clearly delineates the “impaired driving” exception, as follows:
(1) An individual otherwise bound by the limited tort election who sustains damages in a motor vehicle accident as the consequence of the fault of another person may recover damages as if the individual damaged had elected the full tort alternative whenever the person at fault:
(i) is convicted or accepts Accelerated Rehabilitative Disposition (ARD) for driving under the influence of alcohol or a controlled substance in that accident;
Thus, the statute covers more than “drunk driving.” It applies to driving under the influence of any controlled substance. Plus, the “drunk driving” exception comes into play if the defendant was either convicted or was accepted into the ARD program, which is something short of a conviction.
Drunk Driving Claims and Recent Verdict (Substantial) in Pennsylvania
The drunk driving (or impaired operator) exception to limited tort covers a great number of motor vehicle accidents in PA. Unfortunately, the, the numbers of drunken crashes are rising. For example, in 2020, drunk drivers in PA caused 7,700 crashes. However, a year later, alcohol-related accidents increased to 9,220 in PA. Juries often “throw the book” at drunk drivers in court. For example, in a recent crash case, a jury entered a $5,600,000 verdict against a drunk driver, to whom Princeton Tavern had served alcohol.
Limitations to the Drunk Driving or “Impaired operator” Exception in Pennsylvania
One key limitation exists regarding the “drunk driving” (or impaired operator) exception to limited tort. The negligent defendant-driver must be found guilt, criminally, or be accepted into the ARD program (similar to a conviction). Importantly, it is not enough that the culprit had “smelled” of alcohol, after the crash. The same goes for slurred his speech, following the crash: it’s simply not enough. In fact, it’s not enough, even if the culprit admitted to drinking 10 shots of toquilla just before he caused the motor vehicle crash! Rather, his conduct must result in a conviction or admission to ARD, through the courts, for the drunk driving / impaired operator exception to apply.
Let’s Get Started
Contact a Pittsburgh lawyer at our firm for any injury claim, especially one involving full tort or limited tort where a drunk driver caused your car crash.
412.342.0992
