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House of Representatives
Session of 2015 - 2016 Regular Session

MEMORANDUM

Posted:	January 7, 2015 02:35 PM
From:	Representative Gerald J. Mullery
To:	All House members
Subject:	Tort Claims: DUI Victims

In the near future, I plan to introduce legislation amending Title 75 (Vehicles), Section 1705 (Election of Tort Options), of the Pennsylvania Consolidated Statutes in order to close a loophole that prevents victims of DUI accidents from receiving full tort coverage if the driver dies as a result of the accident. Under current law, a victim of an accident where the driver was under the influence of alcohol or a controlled substance is able to receive full tort coverage, if the driver is convicted of a DUI or accepts Accelerated Rehabilitative Disposition (ARD). However, if the driver dies as a result of the accident, the victim does not receive full tort coverage even if the driver’s blood shows he or she was driving under the influence. Therefore, current law does not provide the same benefits to all victims of DUI accidents. Drinking and driving is one of the top safety issues faced by Pennsylvanians.In 2013, there were 11,041 alcohol-related crashes in Pennsylvania, and deaths in these crashes accounted for 32 percent of the total traffic deaths in the state.Of all the alcohol-related deaths, 77 percent were the drunk drivers themselves. In order to combat this serious issue, it is necessary that Pennsylvania continues to maintain an aggressive posture with regard to drinking and driving that will hopefully deter future offenders.However, as long as this problem persists, it is our responsibility to give as much assistance as possible to the victims of these incidents.My legislation seeks to further help victims of DUI accidents, and close this unfair loophole. As such, I urge you to join me in co-sponsoring this important piece of legislation.Thank you.

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