Hermitage, PA asked in Car Accidents and Civil Litigation for Pennsylvania

Q: My husband who was intoxicated walked in front of a car and sustained multiple life threatening injuries.

He was at the Americana Legion from approx 1pm till the time of the accident at 7pm. Can I go after the club for neglegence and over serving him

2 Lawyer Answers
Mark Scoblionko
Mark Scoblionko
Answered
  • Personal Injury Lawyer
  • Allentown, PA
  • Licensed in Pennsylvania

A: If your husband was served alcoholic beverages while in a "visibly intoxicated condition" there is potentially a meritorious case. However, your husband's comparative negligence would also be an issue.

You should promptly consult with a lawyer to evaluate this case and seek to identify witnesses. Additionally, the conduct of the driver should be assessed.

Peter N. Munsing
Peter N. Munsing
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA
  • Licensed in Pennsylvania

A: Possibly, as at some point he was visibly intoxicated. His medical bills would be covered first by any car insurance you have; if you have no car then by the medical on the car that hit him. As to the driver of the car they may or may not have fault depending on how it happened. If severe the police may have saved video if there was video around. Contact a member of the Pa. Assn for Justice in your area. If you need names of attorneys give me a call.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.