Lawsuit in Fatal DUI Bicycle Accident Settled
The family of a bicyclist who was killed two years ago after being hit by a drunk driver in a bicycle accident in Pennsylvania, has entered into a settlement with the driver and the restaurant blamed for selling alcohol to her even after she was intoxicated. According to this news report the fatal bicycle accident occurred Feb. 11, 2007 when the woman was driving after celebrating her birthday at a local restaurant with family members. Her blood alcohol content (BAC) was more than three times the legal limit, which is 0.08 percent in Pennsylvania. Last year, the woman pleaded guilty to homicide by vehicle and was sentenced to six years in state prison.
The lawsuit, filed in Lancaster County Court, asked for $100,000 in damages from the defendants. The lawsuit alleged that the restaurant sold liquor to the driver and her husband even after they were visibly intoxicated and failed to make sure that they had an alternative way to get home so neither one of them would have to drive. But attorneys for the restaurant argued that the woman did not appear intoxicated when she was at the restaurant.
Pennsylvania dram shop liability laws usually cover places of business that serve alcohol including liquor stores, bars, restaurants and clubs. These laws impose liability on businesses when they serve alcohol to someone underage or an individual who is already intoxicated who then goes on the break the law or cause an auto accident in Philadelphia that injures themselves or others. These cases are complicated because the indicators of intoxication can be contested as they were in this particular case.
If you are dealing with a drunk driving case, it is in your best interest to first consult with a skilled Pennsylvania auto accident lawyer who has had experience and a successful track record dealing with such dram shop cases. The personal injury attorneys at Cherry, Fieger & Marciano very well understand the repercussions of cases involving intoxication. We understand there is a lot at stake here. Our firm has the resources and experience it takes to get the best possible compensation in your case. Call us today for a free consultation and case evaluation.
