Drunk Driving Injuries
Common injuries in Ohio drunk driving accidents include:
Fatal Drunk Driving Accidents
If you are the surviving family member of someone who passed away due to fatal injuries in a drunk driving accident, your family may be able to file a wrongful death claim. Filing a wrongful death action may be the best option for your family to bring the liable party to justice.
Can You Sue a Bar or Restaurant After a Drunk Driving Crash?
Sometimes. Ohio’s dram shop law lets an injured person hold a bar, restaurant, or store responsible in limited situations, generally when it knowingly served someone who was visibly intoxicated, or knowingly sold alcohol to a minor, and that person’s intoxication caused the crash. These claims matter because a business usually carries far more insurance than an individual driver. Our Ohio dram shop lawyers investigate where the driver was drinking, using receipts, video, and witnesses.
Private hosts are treated differently. Ohio generally does not hold a social host responsible for serving an adult guest who later drives drunk, but a host who gives alcohol to someone under 21 can face liability in some cases. For more on when party hosts liable for drunk drivers can be sued, see our article.
Ohio Drunk Driving Liability
Establishing liability is essential in drunk driving accident claims. Although you might assume that the drunk driver is solely responsible for your damages, you may be surprised to learn that multiple parties could share fault.
Drunk Driving: Proving Negligence
For your drunk driving accident claim to be successful, your attorney must prove the defendant’s negligence. In drunk driving accident claims, drivers have violated their duty of care when operating a vehicle under the influence of drugs or alcohol. A breach in the duty of care, when responsible for causing an injury victim’s injuries and subsequent damages, is considered negligence.
Evidence of Intoxication
Proof that the other driver was drunk often comes from the criminal investigation: breath and blood test results, field sobriety test notes, and officers’ observations in the police report. Dashcam and bodycam video can show how the driver looked and acted at the scene. Receipts, bar tabs, and witness statements can show how much the driver drank and where. Your lawyer can request these records and, if needed, work with experts who can explain what a test result means about the driver’s impairment at the time of the crash.
Drunk Driving Accident Insurance Claims
In most situations, you will first file a third-party claim against the drunk driver’s auto insurance company. If your claim is approved, you can negotiate a settlement with the insurer to cover your property damage, medical bills, lost wages, and more if necessary. It’s best to have an attorney help you.
You may think the process for filing an insurance claim against a drunk driver’s insurance company to be more straightforward if you believe they were intoxicated at the time of the accident. However, insurance companies will look for any opportunity to reduce what they pay, even when the case involves a drunk driver. They may suggest you share the blame or even that you contributed to or exaggerated your injuries.
Common Drunk Driving Accident Defenses
Common defenses the drunk driver or other parties use to challenge a claim include:
- Your injuries were not caused by the drunk driving accident but in another way
- You are partially at fault for causing your injuries
- The driver was not under the influence at the time of the accident
- The defendant’s chemical blood alcohol test results were mishandled
Drunk Driving Accident Settlements
It can also be tricky to provide the necessary information to the insurer without providing information they don’t need and aren’t entitled to. Additionally, you don’t have to take the first settlement offer, and you should never settle for less than you deserve. An experienced attorney will negotiate with the insurance company to maximize your settlement.
Many insurance companies want to avoid trials related to drunk drivers. Your attorney can use this as leverage for a better settlement offer.
Drunk Driving: Damages & Compensation
When you are injured in a car crash because the other driver was negligent by driving under the influence, they may be found liable for your various damages. Your lawyer can represent you in pursuit of compensation for all your physical, emotional, and financial losses. Through an insurance claim or personal injury lawsuit, KNR will fight hard for you to recover your:
- Medical expenses: This includes emergency care, hospital stays, surgery, therapy, and future treatment.
- Lost income: You may recover wages you missed while healing and future earnings you lose.
- Pain and suffering
- Disability: If your injuries limit what you can do for life, that loss can be compensated.
- Disfigurement: Scars, burns, and other lasting changes to your appearance can be part of your claim.
- Mental anguish: Fear, anxiety, and emotional distress after the crash can be compensated.
- Loss of consortium
If you cannot reach a satisfactory settlement, you’ll need to file a civil case against the drunk driver. Through a lawsuit, you’ll be able to seek compensatory damages and, in some circumstances, punitive damages.
Compensatory damages are meant to make you whole. They will cover the cost of repairing or replacing your vehicle, your past and future medical expenses, lost income due to being out of work, and pain and suffering.
Punitive damages may also be available, as explained below.
Punitive Damages in DUI Crash Cases
Punitive damages are meant to punish especially reckless conduct and discourage others from doing the same thing, rather than to repay a loss. In Ohio, they require proof of actual malice, such as a conscious disregard for the safety of others that is likely to cause serious harm. Ohio courts have allowed juries to consider punitive damages in drunk driving cases, especially when a driver chose to drive while badly impaired. They are not automatic, they are capped in most cases, and an insurer may not cover them. Our article on punitive damages after a DUI accident explains when they come into play.
Drunk Driving Crashes in Ohio Cities
Drunk driving crashes happen in every part of the state, from rural highways to big-city nightlife districts. In Columbus, our Columbus DUI accident lawyers handle crashes across the city and Franklin County. Our Cincinnati car accident lawyers handle drunk driving crashes throughout the city and the rest of Hamilton County. We also handle drunk driving cases in Cleveland, Akron, Toledo, Dayton, and the rest of the state. Wherever the crash happened, KNR has an office nearby and handles drunk driving cases statewide.
How a Drunk Driving Accident Lawyer Can Help
Your drunk driving accident attorney at Kisling, Nestico & Redick can handle all of the legal details of your case while you focus on recuperating.
How Our Ohio Drunk Driving Accident Lawyers Help
- Gathering compelling evidence to prove drunk driving and liability in your case
- Preparing claims to be filed with the appropriate insurance companies
- Negotiating with the insurance company on your behalf
- Going over your drunk driving accident damages to calculate the value of your claim
- Obtaining the defendant’s blood alcohol test results to be used as evidence at trial
- Working with accident reconstructionists to prove liability
We use every available resource so you can recover physically and financially after a car accident.
Drunk Driving Accident FAQs
Can I sue a drunk driver if they were criminally charged?
Yes. A criminal case and an injury claim are separate. You can pursue compensation whether the driver is charged, convicted, or never charged at all, and a conviction can be strong evidence in your case.
Can I sue the bar that served them?
Possibly. Ohio’s dram shop law allows claims against a bar, restaurant, or store in limited situations, generally when it knowingly served someone who was visibly intoxicated or knowingly sold alcohol to a minor, and that intoxication caused the crash. A lawyer can investigate where the driver was drinking.
Are punitive damages available?
Sometimes. Ohio allows punitive damages when a defendant acted with actual malice, such as a conscious disregard for the safety of others. Driving while badly impaired can support a punitive damages claim, but they are not automatic and are capped in most cases.
What if the drunk driver had no insurance?
If the driver had no insurance or not enough, your own uninsured and underinsured motorists coverage may pay. A dram shop claim against a bar that overserved the driver may be another source of recovery.
How long do I have to file?
Most injury claims in Ohio must be filed within two years of the crash, and wrongful death claims generally within two years of the death. Do not wait for the criminal case to end; the deadline keeps running. Call 1-800-HURT-NOW to talk with a lawyer.
Do I have to wait until the driver is convicted?
No. You do not have to wait for the drunk driver’s criminal case to end before pursuing your claim. Your attorney can start working on your civil claim right after the crash.
What if the driver was high on marijuana or other drugs?
Driving under the influence of marijuana or other drugs is a crime in Ohio, which sets legal limits for certain drugs in a driver’s blood or urine. A driver impaired by drugs can be held responsible in a civil claim the same way as a drunk driver. Our article on the dangers of driving on marijuana has more.
Can a passenger in a car driven by a drunk driver sue?
Yes, passengers may be able to sue a drunk driver for their injuries. The defense may argue that a passenger who knew the driver was drunk shares some of the blame, which can reduce the recovery, so it is important to have an experienced attorney on the case.
Injured by a Drunk Driver in Ohio? Call KNR.
If a drunk driver hurt you or a loved one, you deserve justice. You cannot control whether criminal charges are brought against the driver, but you can ensure you receive what you and your family need to move forward. At KNR, we will advise you, review all your legal options, and fight to secure the maximum amount of compensation possible.
Get your free, no-risk consultation. Call 1-800-HURT-NOW today.
