Loophole in DUI law would be eliminated by proposal

Written by Ben Allen and Radio Pennsylvania | Mar 9, 2015 8:48 AM

(Harrisburg) -- If a driver dies in a drunk driving crash, anyone else injured in the accident is only eligible for limited compensation under current Pennsylvania law.

A proposal by one state lawmaker wants to change that.

Democratic Representative Gerald Mullery of Luzerne County says he never encountered the issue when he was in private practice, as an attorney.

But a resident of his district brought it to his attention when the driver of the car that injured her couldn't enroll in the accelerated rehabilitative disposition program because he had died.

"Since they weren't entered into an ARD program or convicted because they had passed in the accident, she was still limited to the limited tort option," says Mullery.

Mullery's bill would remove the loophole if the deceased driver's blood alcohol count exceeds the legal limit or controlled substances are found in their system.

Those who are enrolled in the ARD program or are convicted of drunk driving charges are already exposed to all potential financial penalties, which include pain and suffering.

32 percent of all traffic deaths in Pennsylvania in 2013 occured in alcohol-related crashes.

Published in News

Tagged under , , ,

back to top

Give Now

Estate Planning

Support for WITF is provided by:

Become a WITF sponsor today »

Smart Talk

National Edward R. Murrow Awards

DuPont Columbia Awards

Support Local Journalism

Latest News from NPR

Support for WITF is provided by:

Become a WITF sponsor today »