Have you been injured by a drunk driver in Westlake, Ohio? A Westlake DUI accident lawyer at Wisehart Wright Trial Lawyers can investigate the crash and help you pursue compensation from those responsible. Contact us today at (419) 502-5821 to schedule a consultation and discuss your legal options.
Drunk driving accidents can leave victims facing serious injuries, medical expenses, lost income, and other losses. These crashes can also result in a criminal OVI case against the driver while the injured person separately pursues a civil claim for compensation.
Why Choose Wisehart Wright Trial Lawyers for a DUI Accident Case in Westlake, OH?
The Westlake personal injury attorneys at Wisehart Wright Trial Lawyers have 181 years of combined experience and have recovered more than $100 million for injury victims. Our attorneys have received professional recognition that includes Super Lawyers and Top 40 Under 40 honors, as well as membership in the Million Dollar and Multi-Million Dollar Advocates Forums..
Our Westlake car accident lawyers can help by:
- Investigating the crash and gathering evidence
- Reviewing police reports and impairment test results
- Identifying all potentially liable parties
- Documenting your injuries and losses
- Handling communications with insurance companies
- Negotiating for a fair settlement
- Taking your case to court when necessary
We can handle the injury claim while you focus on your recovery. Contact us today for a free consultation.
What Is Considered Drunk Driving in Ohio?
Ohio law calls drunk or drugged driving operating a vehicle under the influence, or OVI. Under Ohio Revised Code Section 4511.19, it is illegal to drive while under the influence of alcohol, drugs, or both.
For most drivers age 21 or older, a whole-blood alcohol concentration of 0.08% or higher can violate Ohio’s OVI law. A driver can also face an OVI charge based on impairment even without a prohibited alcohol concentration.
A driver can also face an OVI charge based on impairment even when a test does not show a blood alcohol level above the legal limit.
What Evidence Can Show That a Driver Was Impaired?
Police may collect evidence of drunk driving during the crash investigation. Some of this proof can also help with a personal injury claim.
Useful evidence may include:
- Police reports
- Breath, blood, or urine test results
- Body or dash camera footage
- Witness statements
- Field sobriety test records
- Photos and videos from the scene
- Receipts or records from a bar or restaurant
- Criminal court records
Evidence of impairment does not remove the need to show how the driver caused the crash. A lawyer can review both issues when building the injury claim.
Can You Sue a Drunk Driver After an Accident?
A person hurt by a drunk driver may have a personal injury claim against that driver. The claim is separate from any criminal OVI case brought by the state.
An injury claim may seek payment for:
- Medical bills
- Future medical care
- Lost wages
- Loss of future income
- Property damage
- Pain and suffering
- Lasting injuries or disability
A criminal conviction is not required before an injured person can bring a civil claim. The two cases have different goals and legal rules.
Can a Bar Be Liable for a Drunk Driving Crash?
In some cases, an injured person may have a claim against a business that served alcohol to the driver. Ohio’s Dram Shop Act allows certain claims against alcohol sellers.
For example, an off-premises claim may be possible when a liquor permit holder or employee knowingly sold alcohol to a noticeably intoxicated person or made a prohibited sale to an underage person, and the person’s intoxication later caused an injury.
These claims depend on the facts. Receipts, payment records, security video, and witness accounts may help show where the driver drank before the crash.
What If You Share Fault for the Accident?
Ohio follows a modified comparative fault rule. An injured person who is partly at fault may still recover damages if their share of fault is not greater than the combined fault of the other parties.
The person’s payment is reduced based on their share of fault. If they are more than 50% at fault, they cannot recover damages.
An insurance company may try to place some blame on the injured person even when the other driver was drunk. Crash photos, videos, witness statements, and other proof can help show what each driver did.
How Long Do You Have to File a DUI Accident Lawsuit in Ohio?
Ohio generally gives an injured person two years to file a lawsuit for bodily injuries caused by a car crash.
It can be helpful to start gathering evidence well before that deadline. Video may be deleted, witnesses may become harder to find, and other records can be lost.
A lawyer can also track the related criminal case and seek records that may help prove the injury claim.
What Should You Do After a DUI Accident?
Get medical care after the crash and report the accident to police. If possible, take photos of the vehicles, road, and other details at the scene.
Keep copies of medical bills, repair costs, and proof of missed work. You should also save any information you receive about the driver’s OVI case.
Avoid guessing when speaking with an insurance company about the crash. The insurer may use your statements when deciding fault or how much to offer.
Contact Our Westlake DUI Accident Lawyers Today for a Free Consultation
A drunk driving crash can lead to both a criminal case and a personal injury claim. The criminal case may punish the driver, while the injury claim can seek payment for the harm caused by the crash.
The Westlake DUI accident attorneys at Wisehart Wright Trial Lawyers can investigate the crash, identify potentially responsible parties, and help you pursue compensation for your injuries and losses. Contact us today for a free consultation to discuss your legal options after a drunk driving accident.