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Do You Need to Prove Fault in a Drunk Driving Accident in Ohio?

A man drinking alcohol giving his car keys to a women.

Drunk driving accidents are a tragic reality on our roads. In Ohio, these incidents can result in devastating consequences for all those involved. If you’ve been injured in a drunk driving accident, it’s important to understand the legal process and what’s required of you to prove fault.

Working with an experienced Cincinnati car accident lawyer can help ensure that your rights are protected and that you receive the compensation you deserve. In this blog post, we’ll explore what it takes to successfully navigate a drunk driving accident claim in Ohio.

You Always Have to Prove Fault in a Car Accident Claim

One of the key aspects of any car accident claim is proving fault. This means demonstrating that someone else’s negligence or recklessness caused the crash and your injuries.

In Ohio, this requires showing that the other driver breached their duty of care to operate their vehicle safely and that this breach directly caused your injuries. This can be a complicated process, especially in cases involving drunk driving.

Your attorney will need to gather evidence such as witness statements, police reports, and medical records to build a strong case for fault. It’s important to work with an experienced lawyer who knows how to navigate these complex legal issues.

Remember that even if you were partially at fault for the accident, you may still be able to recover damages under Ohio’s comparative negligence principle. This means that your compensation may be reduced by your percentage of fault but you can still receive some financial relief for your losses.

Your Lawyer Will Use the Driver’s BAC as Part of the Evidence

If you’ve been involved in a car accident caused by a drunk driver, one of the most critical pieces of evidence that your Cincinnati car accident lawyer will use to help prove fault is the driver’s blood alcohol concentration (BAC) level. In Ohio, it is illegal for drivers to operate a vehicle with a BAC at or above 0.08%.

Your lawyer will work to obtain this evidence during the discovery phase of your case and may use it to argue that the other driver was negligent and acted recklessly by getting behind the wheel while intoxicated.

It’s important to note that even if the other driver’s BAC level was below Ohio’s legal limit, their impairment could still have played a significant role in causing the accident. Your attorney can investigate further and may be able to demonstrate how their impaired driving contributed to or directly caused your injuries.

Proving fault in a drunk driving accident case requires extensive investigation and skilled legal representation. Working with an experienced Cincinnati car accident lawyer who understands these types of cases can give you peace of mind knowing that you are building a strong case and fighting for fair compensation for your damages.

You Need to Prove Your Economic Damages

Being involved in a drunk driving accident can result in numerous economic damages, which you may be entitled to recover with the help of a Cincinnati car accident lawyer. These damages typically include medical bills, lost wages, and property damage.

To prove your economic damages, it is important to keep accurate records of your expenses related to the accident. This includes bills from healthcare providers, receipts for prescriptions or medical equipment needed during recovery, and documentation of any missed work due to injury.

A car accident lawyer still has to prove fault if the other driver was drunk.

It’s also crucial that you don’t settle too quickly after an accident before fully understanding the extent of your injuries and potential future costs. Your attorney can help you assess what types of compensation are appropriate based on your individual circumstances.

If your case goes to trial, providing evidence of these economic damages will be pivotal in demonstrating why you deserve compensation. A skilled lawyer will know how best to present this information effectively in front of a judge or jury.

You Have to Demonstrate That the Drunk Driving Accident Caused Your Injuries

If you’re involved in a drunk driving accident, it’s not enough to just prove that the other driver was under the influence. You also have to demonstrate that their actions caused your injuries.

This can be challenging, especially if you had pre-existing injuries or conditions. Insurance companies may try to argue that your injuries were unrelated to the accident or were exacerbated by something else.

To build a strong case for causation, your lawyer will gather evidence such as medical records and expert testimony. They may also use witness statements and police reports to show how the accident occurred and how it led directly to your injuries.

It’s important to seek medical care as soon as possible after a drunk driving accident. Even if you believe you are only slightly injured, you may have suffered an injury that will show symptoms later.

However, the delay in getting treatment will give the drunk driver’s insurance company grounds to cast doubt on the cause of your injuries. The adjuster can deny your claim and continue to hold on to this defense in court. Ultimately, it comes down to who has a more believable story in the eyes of the jury: you or the insurance company.

You Will Likely Be Found Partly at Fault for the Crash

What you must remember about car accidents is that fault is rarely one-sided. In fact, in a drunk driving accident case in Ohio, the victim may also be found partly at fault for the crash. This means that even if you were hit by a drunk driver and suffered injuries as a result, you may still be considered partially responsible for what happened.

Why is this so? Well, there are certain things that drivers are expected to do while on the road. For example, they should always wear their seatbelts and follow traffic laws. If you failed to do these things when the accident occurred, then you could be held accountable for some of the damages.

Ohio Comparative Negligence Principle Protects Your Right to Recover Damages

Despite the fact that you may be partly at fault for the crash Ohio’s comparative negligence principle gives you the right to seek damages. The only rule for eligibility is being less than 50% at fault for the accident.

Also, your total damages will be reduced by your percentage of fault. For example, if your damages amount to $10,000 and you were 10% at fault, you will collect $9.000.

Let an Experienced Cincinnati Car Accident Lawyer Win Your Settlement!

In Ohio, drunk driving accidents can have devastating consequences for victims and their families. If you or a loved one has been injured in a crash caused by an impaired driver, it’s important to take steps to protect your legal rights. While proving fault in these cases may seem straightforward, there are many complexities involved that require the expertise of an experienced Cincinnati car accident lawyer.

By working with a skilled attorney at Young, Reverman & Mazzei, you can ensure that all aspects of your claim are thoroughly investigated and pursued. From gathering evidence related to the driver’s BAC levels to demonstrating economic damages and proving causation of injury, an attorney can help build a strong case on your behalf.

Contact us today to schedule a free case review!

Jay A. Bolotin is a partner at the injury law firm of Young, Reverman & Bolotin. Serving the people of Indiana, Kentucky, and Ohio, Jay dedicates his career to helping clients in the tri-state area obtain financial compensation after suffering serious injuries. He focuses his practice on cases involving car accidents, trucking accidents, dog bites and animal attacks, and other types of personal injury incidents.

Years of Experience: More than 25 years
Registration Status:: Active
Bar Admissions: Illinois, Kentucky, Ohio, Indiana, and Cincinati Bar Association