Drunk Driving Accident Lawyer in Reading, PA

A Former Berks County Prosecutor on Your Side

When a driver gets behind the wheel impaired, the consequences can be devastating. Under Pennsylvania law, operating a vehicle with a blood alcohol concentration at or above 0.08 percent is illegal, and that violation is treated as direct evidence of negligence in a civil injury claim. The personal injury attorneys at Emkey Law Firm represent people harmed by drunk drivers in Reading and throughout Berks County, and we bring a distinct advantage to every case.

Daniel P. Emkey spent time as a prosecutor with the Berks County District Attorney’s Office. That background means he knows how police reports are written, how BAC results are documented, and how toxicology findings are used to build a case. We apply that same lens to civil claims, using the evidence generated during a DUI investigation to establish fault and seek compensation on your behalf.

If you were hurt in a DUI accident in Berks County, don’t wait to get help. Call Emkey Law Firm at (610) 200-6103 to schedule a complimentary, confidential consultation. We’re available 24/7.

Why Berks County Injury Victims Work with Us

Choosing an attorney after a serious crash matters. Several things set our approach apart from a general personal injury practice.

Former Prosecutor Perspective
Daniel P. Emkey’s time in the Berks County District Attorney’s Office gave him direct familiarity with how local law enforcement documents impaired driving cases. He knows what the opposing side looks for and where the gaps appear.

Direct Attorney Access
Your case doesn’t get passed to a paralegal. You work directly with your attorney from the first call through resolution.

Early Evidence Preservation
Police reports, dashcam footage, and surveillance video don’t last forever. We get involved quickly to document conditions and secure records before they disappear.

Local Court Knowledge
We know the Berks County Court of Common Pleas and the practices of the Reading Police Department. That familiarity shapes how we prepare and negotiate every claim.

Daniel P. Emkey holds an Avvo 10.0 Top Lawyer rating and is a member of the American Institute of Criminal Law Attorneys. Our staff is available around the clock to take your call.

How Impairment Establishes Fault Under Pennsylvania Law

A driver is negligent when they act carelessly or recklessly in a way that directly causes harm to someone else. Violating a traffic law, including a DUI statute, is treated as evidence of that negligence under a legal theory called negligence per se. In practice, a drunk driver who causes a crash starts the civil case in a weak position.

Proving impairment typically relies on the evidence gathered at the scene: the police report, breathalyzer or blood test results, field sobriety observations, and any toxicology analysis. These same materials that support a criminal DUI charge can anchor a civil negligence claim.

Pennsylvania follows a modified comparative negligence rule. An injured person can still recover compensation as long as they’re found less than 51 percent at fault for the crash. If some share of fault is assigned to the victim, the final award is reduced by that percentage. This rule makes it important to build a complete factual record from the start.

Dram Shop Liability: When a Bar or Restaurant Shares Responsibility

The drunk driver isn’t always the only party who can be held accountable. Pennsylvania’s dram shop law, codified at 47 P.S. Section 4-493, allows injured victims to pursue a civil claim against a bar, restaurant, or other licensed alcohol vendor that served alcohol to a visibly intoxicated person or to a minor who then caused a crash.

A dram shop claim is a separate civil action from the criminal DUI case against the driver. It requires its own evidence: surveillance footage from inside the establishment, point-of-sale receipts showing the number and timing of drinks, and witness accounts from staff or other patrons. That evidence often isn’t retained for long. Businesses may overwrite security footage within days or weeks, and prompt action after a crash can make the difference between a viable claim and a dead end.

Schedule a Free Consultation After a Drunk Driving Accident

We offer complimentary, confidential case evaluations so you can understand your options without any financial pressure. Our personal injury representation is handled on a contingency basis, meaning you pay nothing unless we recover compensation for you. We also offer night, weekend, and offsite appointments to work around your schedule and circumstances.

Ready to talk through your claim? Contact Emkey Law Firm at (610) 200-6103. We serve Reading, Pennsylvania, Wyomissing, and communities throughout Berks County, and we’re available 24/7 to take your call.