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 can serve as 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 seasoned car accident attorney today.
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. Additionally, 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.
Speak with an Attorney to Discuss Your Rights after a Drunk Driving Car Accident in Cincinnati
Our trusted attorneys can lead the way in pursuing compensation from negligent motorists after drunk driving car accidents in Cincinnati. We will 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.