Being injured by a drunk driver is a harrowing experience, leaving those injured dealing with physical pain, emotional distress, and financial strain. In Ohio, where alcohol-impaired driving contributes to significant accidents annually, understanding your legal rights and knowing the steps to take can help you secure compensation for your losses. This guide outlines a step-by-step approach to protect your health, rights, and financial future after such an incident.

Step 1: Prioritize Medical Attention

Your health and safety should always come first. Even if injuries seem minor, seek immediate medical evaluation. Some conditions, such as internal bleeding or concussions, may not show symptoms right away but can worsen over time.

• Document Injuries: Keep detailed records of medical diagnoses, treatment plans, and prescriptions.
• Follow Medical Advice: Adhering to your healthcare provider’s instructions helps prevent complications and strengthens your case.

According to the Ohio Department of Public Safety, alcohol-related crashes accounted for nearly 4,000 injuries in 2022. Prompt medical care not only safeguards your well-being but also serves as essential evidence in any legal proceedings.

Step 2: Contact Law Enforcement

Reporting the accident to local law enforcement is required under Ohio law, especially when there are injuries or significant property damage. Officers will document the scene and may perform a sobriety test or breathalyzer on the driver suspected of being impaired.

• Request a Police Report: The official report includes critical details about the crash, which are often vital in proving the at-fault driver’s negligence.
• Collect Officer Information: Take note of the responding officer’s name and badge number in case you need to follow up.

Step 3: Gather Evidence at the Scene

If it’s safe to do so, collect evidence to support your claim. While the police will document the crash, your firsthand records can offer additional insights.

• Photograph the Scene: Capture images of vehicle damage, road conditions, skid marks, and traffic signs.
• Get Witness Contact Information: Eyewitness statements can corroborate your account of the accident.
• Exchange Details: Obtain the other driver’s insurance and contact information but avoid discussing fault at the scene.

Step 4: Notify Your Insurance Company

In Ohio, you are required to report accidents to your insurer promptly. This is especially important if you plan to file a claim under your uninsured or underinsured motorist coverage, which may apply if the drunk driver lacks adequate insurance.

• Provide Accurate Information: Stick to the facts when describing the incident.
• Avoid Speculation: Do not admit fault or downplay your injuries, as this could impact your claim.

Step 5: Consult an Experienced Attorney

Ohio’s legal system offers victims of drunk driving accidents several pathways to pursue compensation, but navigating these options alone can be overwhelming. Consulting a personal injury attorney ensures your rights are protected.

• Assessing Liability: An attorney can help identify all liable parties, including the driver, a bar that over served alcohol (under Ohio’s dram shop laws), or even a vehicle owner who negligently entrusted their car to an impaired driver.
• Maximizing Compensation: Attorneys can calculate damages, which may include medical bills, lost wages, pain and suffering, and punitive damages.

Insight: Ohio permits punitive damages in drunk driving cases to penalize egregious misconduct, making it especially critical to pursue legal action in these scenarios.

Step 6: Understand Ohio’s Comparative Negligence Rule

Ohio follows a modified comparative negligence system, meaning you can recover damages even if you were partially at fault, provided your share of the blame is 50% or less. For example:

• If your total damages are $100,000 and you are found to be 20% at fault, you can still recover $80,000.
• If your fault exceeds 50%, you cannot recover compensation.

Working with an attorney ensures that fault is allocated fairly and that you’re not wrongfully assigned a disproportionate share of the blame.

Step 7: File a Claim or Lawsuit

Once your attorney gathers evidence and calculates damages, they may negotiate a settlement with the drunk driver’s insurance company. If negotiations fail, filing a lawsuit might be necessary.

• Statute of Limitations: In Ohio, personal injury claims must be filed within two years of the accident.
• Court Proceedings: Be prepared for depositions, discovery, and potentially trial if the case doesn’t settle out of court.

Protecting Yourself From Drunk Drivers in Ohio

While you cannot control others’ actions, you can take steps to reduce your risk of encountering impaired drivers:

• Avoid Peak Hours: Late evenings and weekends are when drunk driving incidents are most common.
• Stay Alert: Watch for erratic driving behaviors, such as swerving or sudden braking.
• Report Suspicious Drivers: If you see someone suspected to be driving under the influence, call 911 immediately.

Conclusion

Being injured by a drunk driver in Ohio is a traumatic experience, but taking the right steps can help you protect your health, rights, and financial future. From seeking immediate medical attention to consulting an attorney and understanding Ohio’s legal framework, every action you take can strengthen your case and pave the way for a fair resolution.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Ohio car accident claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.