Drunk Driving Accidents Lawyer in Mentor, OH
HELPING VICTIMS FIGHT FOR COMPENSATION
Driving while under the influence of drugs or alcohol has been a leading cause of motor vehicle accidents in Ohio year after year. According to OSHP’s Crash Dashboard data, there were over 8,300 alcohol-related accidents in Ohio in 2023. Unfortunately, at least 314 of these accidents resulted in a fatality.
If you have been the victim of an accident caused by a drunk driver, you may be entitled to compensation for your damages. Learn how a personal injury attorney may be able to help you make sure your rights as a victim are protected and the steps you should take to initiate a claim. The Piscitelli Law Firm represents injured clients in Mentor, OH, and surrounding areas. Contact us to discuss your case.
WHAT IS CONSIDERED DRUNK DRIVING IN OHIO?
In Ohio, it is illegal to operate a motor vehicle while impaired by drugs or alcohol. In Ohio, a driver is considered to be legally impaired when their blood alcohol content (BAC) is at 0.08% or higher. It doesn’t take much to become legally impaired – in fact, a BAC of 0.08 is equivalent to approximately two to three drinks for a 180-pound male.
Drivers who operate a motor vehicle with a BAC of 0.08 or higher may be charged with an OVI (Operating a Vehicle while Intoxicated) offense. Penalties for an OVI conviction can include jail time, license suspension, and fines. In addition, drinking alcohol is illegal for individuals who are younger than 21. If an underage driver is caught with a BAC of just 0.02%, which usually corresponds to just one or two drinks for the average person, they may be charged with an underage OVI.
WHO IS FINANCIALLY LIABLE FOR MY INJURIES AFTER A CRASH CAUSED BY A DRUNK DRIVER?
Drunk driver accident victims may be entitled to compensation for various damages, including physical injuries, property damage, lost wages, and pain and suffering. This is usually obtained by filing an insurance claim against the drunk driver’s auto insurance company, as all Ohio drivers are required to have insurance coverage for their vehicles. However, some drivers may be underinsured, meaning the limits of their policy may be insufficient to cover all of your damages, and some drivers carry no insurance at all.
If this is the case, you may need to seek damages recovery by filing a personal injury lawsuit against the drunk driver. In the lawsuit, you must prove that the driver acted with negligence and that their negligence was the direct cause of the accident and your injuries. A lawsuit may also be necessary in cases where the at-fault driver’s insurance company is acting in bad faith and refusing to approve your claim or pay a fair settlement. If you have been hurt by a drunk driver, it is best to contact an experienced drunk driving accident lawyer to talk about your case.
WHAT ARE OHIO’S DRAM SHOP LAWS, AND HOW DO THEY IMPACT A DRUNK DRIVING CASE?
Ohio’s Dram Shop Act is a law that makes establishments with a liquor license (such as bars and restaurants) liable for serving alcoholic beverages to individuals who are already intoxicated or who are underage. According to the Dram shop laws, if an individual is served alcohol at a bar in spite of showing signs of intoxication and then gets behind the wheel of their vehicle and causes a motor vehicle crash, the establishment can be held financially responsible for losses and injuries caused by the accident.
The dram shop laws are not limited to liquor license holders. In fact, if a driver is served alcohol at a private party, such as a wedding or graduation, the host of the party may also be held liable. Because of Ohio’s Social Host Liability laws, the same responsibilities assigned to businesses are extended to private hosts who overserve guests at a party or social event. Hosts could also be held liable for serving alcoholic beverages to underage individuals.
The impact of Ohio’s dram shop laws on a drunk driving accident case can be significant. If the injured victim can prove that the driver was served alcohol at a bar, restaurant, or a private party, the establishment or host may also be liable for the injured victim’s medical bills, lost wages, and pain and suffering. In some cases, this can provide an additional source of compensation for the injured victim, meaning the victim may have a claim against the drunk driver as well as the business or individual who served the drunk driver. Ask an attorney about whether your case qualifies for a claim under Ohio’s Dram Shop Act.
WHY DO I NEED TO FILE A CLAIM IF THE DRUNK DRIVER IS ALREADY FACING CHARGES?
Filing a personal injury civil lawsuit against the drunk driver is a way for victims to recover damages compensation regardless of whether the driver is facing criminal charges or not. This is because criminal cases are usually focused on punishing the offender rather than compensating the victim for any damages they may have suffered.
In addition, criminal penalties are not meant to cover the medical bills, lost wages, and pain, suffering, and mental distress that the victim may have endured. The drunk driver is convicted, and the victim is still left paying for the bills the drunk driver’s negligence has caused. A civil lawsuit allows the victim to hold the offender financially liable for their actions and to recover compensation for any damages they may have suffered.
If you or someone you love was severely injured in a motor vehicle accident caused by a drunk driver, the Piscitelli Law Firm is ready to help you fight back. Contact our office in Mentor, OH, to discuss your case.
