Legal Question in DUI Law in Pennsylvania

Re: more legal action?

As far as further criminal action, the District Attorney's Office (the Commonwealth) may appeal the decision if they agree with you that the Judge erred in any way. This is not as unusual as it once was and you may want to discuss that with the D.A.'s Office.

As far as a civil matter, with a DUI and a passenger death there are some questions about the defense of Assumption of risk. Recent cases in the Superior Court seem to favor a view that the question is one of comparative negligence but the Supreme Court hasn't directly addressed the issue.

Re: more legal action?

You most likely under the appropriate set of facts would have a case against the driver of the vehicle. In any event you should discuss the matter with an attorney. If you would like to discuss the matter further do not hesitate to contact me.

Re: more legal action?

sue the driver and their insurance company.

Re: more legal action?

DEFINITELY. In any drunk driving fatality such as this you should consider a cause of action against (1) the driver and his insurance company; and (2) any bar or host of a party that overserved the driver. Time is of the essence in this matter, so you should contact me as soon as possible.

Re: more legal action?

Feel free to e-mail me directly at my e-mail: [email protected]. Let's try to discuss this matter tomorrow.