Most everyone understands that it is a criminal offense to drive while drunk in Greater Cincinnati and elsewhere in the state. However, it is less well known that drunk drivers are also liable to pay for any damage they cause in a collision.
Just because a person is intoxicated does not mean that they are not responsible for their actions. A criminal verdict for driving under the influence is evidence of negligence that proves they are at fault in a civil case. All injured people have the right to demand compensation for their losses.
Our dedicated legal team can help if you have suffered injuries due to a drunk driving car accident in Cincinnati. Contact O'Connor, Acciani, & Levy to speak with a Cincinnati drunk driving accident attorney today.
Cincinnati car accident attorneys have the experience and knowhow to get the compensation you're entitled too.
Drunk Driving as Evidence of Negligence
Many car accident cases rely on examining the two drivers’ actions to distribute blame for a crash. One major exception to this rule is the concept of negligence per se. This facet of personal injury cases allows a court to find that a defendant is at negligent if they were breaking the law at the time it occurred.
Driving while drunk is undoubtedly a prime example. If the police arrest the intoxicated motorist for drunk driving following the collision, you should be sure to obtain a copy of this police report. It can serve as valuable evidence moving forward in the claim.
This is because if a criminal court later convicts the driver, it may not order them to compensate you for your losses. Instead, you must still pursue a separate civil case.
However, you must be sure to act quickly. There is a strict statute of limitations on when a court will entertain a civil lawsuit. According to Ohio Revised Code § 2305.10, plaintiffs have only two years to file a claim.
Our Greater Cincinnati attorneys can help you take legal action against the at-fault party in your drunk driving auto collision well within this time frame.
Potential Sources of Compensation
While demonstrating that a drunk driver was at-fault for your Cincinnati accident is certainly a major part of the process, a claim is not complete unless it establishes a full account of your losses and connects them to the incident.
The core of the claim is typically the physical injuries you have suffered. In fact, the case cannot move forward unless there is some sort of injury. This harm does not need to be life-threatening, but it does usually require medical treatment.
A defendant will be liable to pay for all medical costs associated with treating the physical or emotional harm you sustain.
You can also make a claim for any other economic losses endured in the incident. If the wreck forces you to miss time at work or causes you to be so injured that you can no longer hold employment, the defendant is responsible for reimbursing you for these losses.
A case can make a claim for any mental anguish or loss of quality of life you experience. In short, these civil cases aim to restore you as much as possible back to the position you were in before the crash.
Common Drunk Driving Accident Injuries the Court May Award Compensation For
When a drunk driving accident occurs, the resulting injuries can be severe and life-altering. Courts recognize the profound impact these injuries have on victims and often award compensation to cover medical expenses, lost wages, pain and suffering, and other related costs. Here are some common injuries for which the court may award compensation:
Traumatic Brain Injuries (TBI)
Traumatic brain injuries are one of the most serious consequences of drunk driving accidents. These injuries can lead to long-term cognitive impairment, emotional difficulties, and physical disabilities. Victims may require extensive medical treatment, rehabilitation, and lifelong care.
Spinal Cord Injuries
Spinal cord injuries often result in partial or complete paralysis, drastically altering the victim’s quality of life. These injuries require immediate and long-term medical intervention, including surgeries, physical therapy, and adaptive equipment.
Broken Bones and Fractures
Drunk driving accidents frequently cause broken bones and fractures, particularly in the arms, legs, ribs, and pelvis. Recovery can involve surgeries, physical therapy, and significant time away from work, leading to lost income and financial strain.
Internal Injuries
Internal injuries, such as damage to organs, internal bleeding, and punctured lungs, are common in severe accidents. These injuries are often life-threatening and require emergency medical attention, surgery, and extensive follow-up care.
Soft Tissue Injuries
Soft tissue injuries include damage to muscles, ligaments, and tendons. Whiplash is a common example, causing neck pain and reduced mobility. Although these injuries may seem minor, they can lead to chronic pain and long-term health issues.
Emotional and Psychological Injuries
The trauma of a drunk driving accident can lead to emotional and psychological injuries, including post-traumatic stress disorder (PTSD), anxiety, and depression. Compensation may be awarded for mental health treatment and the impact on the victim’s overall well-being.
Burns and Scarring
In some cases, drunk driving accidents result in fires or explosions, leading to severe burns and permanent scarring. Victims often face multiple surgeries, skin grafts, and long-term rehabilitation, in addition to the emotional trauma of disfigurement.
Amputations
Severe accidents may necessitate the amputation of limbs. This life-changing injury requires extensive medical care, prosthetics, and adjustments to daily living. The financial, emotional, and physical impacts are significant.
Victims of drunk driving accidents endure a wide range of injuries, each with its own set of challenges and required treatments. Courts consider these factors when awarding compensation, ensuring that victims receive the financial support they need to recover and rebuild their lives.
If you or a loved one has been injured in a drunk driving accident, it is crucial to seek legal assistance to understand your rights and pursue the compensation you deserve.
FAQ Section
What should I do immediately after a car accident in Cincinnati?
After a car crash, your safety is the top priority. Move to a safe location, call 911, and seek medical attention for any injuries. Document the accident scene with photos, gather witness contact information, and report the incident to your insurance company. Contact a Cincinnati car accident attorney to guide you through the next steps.
How much does a Cincinnati car accident attorney cost?
The cost of a car accident attorney varies, but many Cincinnati car accident lawyers work on a contingency fee basis. This means you only pay if they win your case. It’s advisable to discuss the fee structure during your free consultation.
What types of injuries can result from a car crash?
Car accidents can lead to a range of injuries, from minor cuts and bruises to severe injuries like traumatic brain injuries. Other common injuries include broken bones, whiplash, and internal injuries. It’s important to seek immediate medical attention to address any injuries and document them for your car accident claim.
How can a Cincinnati car accident attorney help with my car accident claim?
A Cincinnati car accident attorney can assist in many ways, including investigating the accident scene, gathering evidence, negotiating with the insurance company, and representing you in court if necessary. Their expertise ensures that you have the best chance of receiving fair compensation for your medical bills, lost wages, and other damages.
Can I handle my car accident claim without a lawyer?
While it’s possible to handle a car accident claim on your own, having an experienced Cincinnati car accident lawyer increases your chances of a favorable outcome. They understand the complexities of personal injury claims and can effectively negotiate with the insurance company on your behalf.
What should I expect during a free consultation with a Cincinnati car accident attorney?
During a free consultation, the attorney will review the details of your auto accident, assess the potential value of your claim, and explain the legal process. This is also your opportunity to ask questions about their experience, approach, and the cost of their services.
How long do I have to file a personal injury claim in Hamilton County?
In Hamilton County, the statute of limitations for filing a personal injury claim is generally two years from the date of the accident. However, it’s important to contact a Cincinnati car accident attorney as soon as possible to ensure all legal deadlines are met.
What can I be compensated for in a car accident claim?
Compensation in a car accident claim can cover various damages, including medical bills, lost wages, pain and suffering, and property damage. A Cincinnati car accident lawyer can help you determine the full extent of your damages and pursue the compensation you deserve.
What if the insurance company denies my claim?
If your claim is denied, a Cincinnati car accident attorney can help you understand the reasons for the denial and explore your options for appealing the decision. They can negotiate with the insurance company or take legal action if necessary to seek the compensation you are entitled to.
If you have further questions or need assistance with a car accident claim, don’t hesitate to contact a Cincinnati car accident attorney for a free consultation
Speak with an Attorney to Discuss Your Rights after a Drunk Driving Car Accident in Cincinnati
Our trusted Cincinnati personal injury attorneys can lead the way in pursuing compensation from negligent motorists after drunk driving car accidents in Cincinnati.
We work to gather evidence vital to the claim, stay informed of the status of any criminal charges faced by the defendant, and pursue the maximum compensation on your behalf.
Contact our firm today to learn more.
If you are involved in an accident caused by an impaired driver, it’s crucial to understand the complexities of your accident case and the potential for seeking punitive damages. The driver's breach of their duty to exercise reasonable care can significantly impact the outcome of your claim.
Navigating these complex legal matters requires the expertise of a seasoned attorney who can offer a no obligation consultation to discuss your options and help you pursue the justice and compensation you deserve.
