What Is Drunk Driving and How Does It Impact Your Claim?
Drunk driving refers to operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, though even lower levels of alcohol in the bloodstream can impair judgment, coordination, and reaction time. When a driver is impaired by alcohol or drugs, they are more likely to make mistakes that lead to accidents. These mistakes can range from failing to stop at a traffic light, weaving in and out of lanes, to running red lights, or even causing head-on collisions.Dan Ryan
Attorney
Thomas Ryan
Attorney
Elizabeth Fitzgerald
Attorney
Our objectives remain clear in every case we pursue: To give every client, without delay, excuse or equivocation, our full attention, sound advice and forceful representation.
If you are injured by a drunk driver, you have the right to file a personal injury claim to recover compensation for medical bills, lost wages, pain and suffering, and other related damages. In many cases, the driver’s insurance may not cover all of your costs, especially if the driver was underinsured or their coverage limits are too low. That’s why it’s essential to gather as much information as possible to ensure that all responsible parties are held accountable for your injuries.Steps to Take Immediately After an Accident Involving a Drunk Driver
If you have been involved in an accident caused by a drunk driver, there are several critical steps you should take to ensure your safety and protect your ability to recover compensation:- Call the Police Immediately: It’s vital to get law enforcement involved as soon as possible. The police will create an accident report that includes important details about the crash, including whether the other driver was impaired.
- Seek Medical Treatment: Even if you feel fine, it’s important to get checked out by a medical professional. Some injuries, like whiplash or concussions, may not show symptoms immediately but could cause serious long-term effects.
- Document the Scene: If possible, take pictures of the accident scene, your injuries, and any damage to your vehicle. If there were any witnesses, try to get their contact information as well.
- Consult a Personal Injury Attorney: Reach out to a lawyer who specializes in car accidents, particularly those involving drunk drivers. They will help you understand your legal rights and guide you through the claims process.
Understanding Bar Liability in Drunk Driving Accidents
While a drunk driver is primarily responsible for the crash, there are other potential parties who may share some of the blame. Under Ohio’s “dram shop” law, bars, taverns, and restaurants can be held accountable for serving alcohol to a visibly intoxicated individual. This is known as dram shop liability. If the drunk driver involved in your accident consumed alcohol at a bar or restaurant before the crash, the establishment may be held liable for their actions. The attorneys at Ryan Injury Attorneys treat you like family. They are extremely professional, kind, respectful and intelligently know the law. Highly recommend. They are well above par.- Zora S.
Great service and very professional. They actually make themselves available when you call. I will be referring Ryan to all of my friends and colleagues.- Lashawn H.
In the case of Browns games, many fans choose to stop by a local bar or restaurant before heading to the stadium. If they are served alcohol while visibly intoxicated or underage, and then go on to cause a crash, the bar may be considered responsible for its role in the event. This adds another layer to your personal injury claim.How Does Dram Shop Liability Work?
Dram shop laws allow injured parties to file claims against bars or restaurants that overserve alcohol. However, there are certain conditions that must be met in order for a dram shop claim to be successful:- The Person Was Served Alcohol While Intoxicated: It must be shown that the individual responsible for the accident was visibly intoxicated when they were served alcohol.
- The Alcohol Consumption Led to the Accident: It must also be demonstrated that the intoxicated person’s consumption of alcohol directly led to the crash. This includes showing that their impaired judgment and driving ability were the causes of the collision.
- The Bar or Restaurant Is Responsible: You will need to prove that the bar or restaurant had a duty to stop serving alcohol to the individual and that they failed in this responsibility.
Potential Damages in a Drunk Driving and Bar Liability Case
When pursuing a claim for injuries sustained in a drunk driving accident, the damages you can recover depend on the specifics of your case. Some of the most common types of damages include:- Medical Expenses: You can seek compensation for hospital bills, surgery costs, physical therapy, and any ongoing medical treatment needed for your injuries.
- Lost Wages: If your injuries prevent you from working, you may be able to recover lost wages and future earnings if your ability to work is impacted long-term.
- Pain and Suffering: In addition to tangible damages like medical bills, you can seek compensation for the emotional and physical pain caused by your injuries.
- Property Damage: If your car or other property was damaged in the accident, you can seek reimbursement for repair costs or the full replacement of your vehicle.
- Punitive Damages: In some cases, if the drunk driver or bar acted particularly egregiously, you may be awarded punitive damages as a form of punishment.
