Posts Tagged ‘blood alcohol level’

Jen and Tom were headed out of Waymart on Route 6 towards the Casey Highway. Tom was driving and the weather conditions were ideal. As Tom approached the entrance to the Casey Highway, he was suddenly struck broadside by Ernie who had been traveling up old Route 6 from Carbondale. Ernie was unfamiliar with the intersection and did not notice the stop sign. One of the things that reduced Ernie’s awareness was the fact that Ernie had been drinking most of the afternoon. It would later be revealed that Ernie was intoxicated and his blood alcohol level was over three times the legal limit.

ISSUE: Jen and Tom sustained moderate injuries but nothing significant enough that would ordinarily get them over the limited tort threshold which would allow them to bring suit to recover for their damages.

ANSWER: The couple made inquiry with an attorney and were correctly advised that because of the fact that Ernie was intoxicated, that the limited tort restriction no longer applied and both Jen and Tom would be allowed to proceed and make a claim against Ernie’s insurance company.

While the limited tort option does disallow law suits in many cases, unless there is serious bodily injury or impairment, there are exceptions. One is if the individual that caused the accident is intoxicated. Another would be if the negligent driver was licensed out of state or if the individual that is injured is a pedestrian.

Disclaimer: The above article is for instructive purposes only and each case is fact sensitive. Consultation with an attorney should be obtained instead of reliance upon the legal issues discussed in this column.

Jennifer was traveling east on Route 6 between Tafton and Milford, when all of a sudden and without warning Sleepy Sam, driving in the opposite direction, crossed the center line causing an almost head-on collision. The state police were quick to investigate and Sleepy Sam had a .06 blood alcohol level, according to the police report. Since the blood alcohol level was below .08, it was insufficient to charge Sam with driving under the influence.

It came out during litigation, though, that Sam was taking special medication which had specific instructions on it that it was NOT to be taken with alcohol. As it turned out, the medication along with the alcohol, as all the medical experts agreed, would have impaired Sam’s ability to drive.

Issue: Will the combination of the medication and the alcohol be admissible in evidence?

Answer: Yes. Pennsylvania law defines “driving under the influence” to include not only alcohol but also a controlled substance and/or a combination of both. Even if Sam was not aware of the effects of the combination, he would be liable for the effects of the same.

Disclaimer: The above article is for instructive purposes only and each case is fact sensitive. Consultation with an attorney should be obtained instead of reliance upon the legal issues discussed in this column.

Jennifer was traveling east on Route 6 between Tafton and Milford, when all of a sudden and without warning Sleepy Sam, driving in the opposite direction, crossed the center line causing an almost head-on collision. The state police were quick to investigate and Sleepy Sam had a .06 blood alcohol level, according to the police report. Since the blood alcohol level was below .08, it was insufficient to charge Sam with driving under the influence.

It came out during litigation, though, that Sam was taking special medication which had specific instructions on it that it was NOT to be taken with alcohol. As it turned out, the medication along with the alcohol, as all the medical experts agreed, would have impaired Sam’s ability to drive.

Issue: Will the combination of the medication and the alcohol be admissible in evidence?

Answer: Yes. Pennsylvania law defines “driving under the influence” to include not only alcohol but also a controlled substance and/or a combination of both. Even if Sam was not aware of the effects of the combination, he would be liable for the effects of the same.

Disclaimer: The above article is for instructive purposes only and each case is fact sensitive. Consultation with an attorney should be obtained instead of reliance upon the legal issues discussed in this column.