What is Subrogation & How It Affects Car Accident Settlements
Posted in: Car Accidents
A DUI (driving under the influence) accident occurs when an impaired driver causes a collision due to consuming alcohol, drugs, or other substances that compromise their ability to operate a vehicle safely. These accidents are entirely preventable but often lead to devastating consequences for victims and their families. Our experienced Columbus car accident lawyers are here to help.
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Some of the different types of injury see it, and drunk driving accidents in and around Columbus, OH include:
If you are the surviving family member of someone who passed away due to fatal injuries sustained and a Columbus-area drunk driving accident, you may have to file a wrongful death claim.
Under Ohio law, alcohol impairment is defined as having a blood alcohol content (BAC) of 0.08% or higher for drivers aged 21 and older, and 0.02% or higher for drivers under 21. However, even a BAC below the legal limit can impair judgment, reflexes, and coordination, increasing the risk of accidents.
DUI accidents are not limited to alcohol impairment. Drugged driving also poses a significant danger, involving the use of prescription drugs, illegal substances, or even over-the-counter medication that affects reflexes, perception, or judgment. Whether the driver is impaired by alcohol or drugs, the results can be catastrophic, impacting lives across Columbus and surrounding areas.
Under Ohio law (ORC 4399.18), dram shop liability allows victims of DUI accidents to hold establishments accountable if they knowingly serve alcohol to someone who is visibly intoxicated or underage, and that person causes an accident. This law applies to bars, restaurants, liquor stores, and other vendors, emphasizing the responsibility of businesses to serve alcohol responsibly and prevent harm to others.
Dram shop laws ensure that negligent establishments can be held accountable for their role in enabling intoxicated individuals to put others at risk. If you’ve been injured in a DUI accident in Columbus, understanding dram shop liability can help you recover all the compensation you deserve.
Columbus consistently experiences a high volume of alcohol-related crashes, contributing to Ohio’s total of over 400 DUI-related fatalities annually. Franklin County leads in impaired driving incidents, with many accidents occurring on high-traffic routes such as I-270, I-70, and major city streets like High Street and Broad Street.
Neighborhoods like Short North and Downtown Columbus also see increased risks due to their concentration of bars and nightlife.
Taking these steps can help ensure your safety while also building a strong foundation for any legal or insurance claims you may need to pursue.
After a DUI accident in Columbus, your first move is typically to file a claim with the at-fault driver’s insurance company. While this may seem straightforward, it’s important to proceed carefully.
Insurance companies often aim to minimize payouts by disputing liability, downplaying the extent of your injuries, or suggesting you share responsibility for the accident. This is why you should never rush to accept an initial settlement offer with legal help, as it may not fully account for your medical bills, lost wages, pain and suffering, and other damages.
Having an experienced attorney can help you navigate the claims process, ensuring that your claim is backed by solid evidence, such as police reports, chemical test results, and eyewitness accounts.
If the insurance company refuses to offer a fair settlement or disputes the at-fault driver’s impairment, pursuing a lawsuit may be necessary. To win a personal injury lawsuit, you and your attorney must prove that the other driver was intoxicated, that their impairment caused the accident, and that the crash resulted in your injuries and financial losses.
A lawsuit allows your attorney to access additional evidence through discovery, including subpoenas for bar records, video footage, and expert testimony. While most cases settle before going to trial, filing a lawsuit sends a clear message that you are serious about obtaining the full compensation you deserve.
Proving that a driver was impaired and caused your accident and injuries requires a combination of evidence and legal skill.
Columbus attorneys rely on various methods to establish intoxication or impairment, including:
By collecting and presenting evidence, attorneys can establish that the impaired driver’s negligence directly led to the accident, helping victims pursue the compensation they deserve.
If you were injured in a car crash caused by a drunk driver in Columbus, the at-fault driver may be held liable for your physical, emotional, and financial losses.
Whether through an insurance claim or lawsuit, an experienced attorney can fight to recover compensation for:
If an insurance settlement cannot be reached, you may need to pursue a civil lawsuit against the impaired driver. Compensatory damages aim to restore your losses, covering medical bills, vehicle repairs, and lost income. In some cases, punitive damages may also be awarded. These are intended to penalize the driver for their reckless behavior and deter future drunk driving incidents.
While the impaired driver is often found at fault in a DUI accident, liability is not automatic. Your attorney must prove that the driver’s impairment caused the accident and your resulting injuries.
Columbus has implemented various initiatives to reduce DUI accidents, including increased DUI checkpoints, public awareness campaigns like “Drive Sober or Get Pulled Over,” and partnerships with rideshare companies to offer discounted or free rides during holidays. These efforts aim to curb impaired driving and keep local roads safer.
Yes, KNR represents clients not only in Columbus but also in surrounding counties, including Franklin, Delaware, Pickaway, Fairfield, and Licking counties. No matter where your DUI accident occurred in Central Ohio, KNR is here to help.
No, you do not need to wait for the driver’s criminal charges to be resolved before pursuing your civil case. Your attorney can start building your DUI accident claim immediately after the crash, ensuring critical evidence is preserved and your rights are protected.
Yes, passengers injured in a car driven by a drunk driver may sue the driver for damages. However, the defense might argue that the passenger shares some responsibility for getting into the car with an impaired driver. It’s crucial to have an experienced DUI accident attorney to establish liability and maximize your compensation.
If you were injured by a drunk driver in Columbus, KNR can help you recover the compensation you need. Our attorneys will hold the impaired driver accountable and work to secure the resources necessary for your recovery.
At Kisling, Nestico & Redick, we guide clients through every step of the legal process with experience and dedication. Contact us today at (614) 487-8669 or fill out our online form for a free consultation. We proudly serve Columbus, Franklin County, and surrounding areas.
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