Drunk Driving Accident Lawyers in Dayton
Call Us If a Drunk Driver Hit You
Although everyone knows that drunk driving is unacceptable and dangerous, it remains a prevalent problem in all 50 states. In 2017, the Ohio State Highway Patrol reported 379 fatal crashes related to operating a vehicle while impaired (OVI). Many more serious injuries also occurred in drunk driving crashes.
When you or a loved one suffers a serious or fatal injury due to a drunk driver, you need a lawyer to aggressively fight for you. Our attorneys at The Attkisson Law Firm have represented car accident victims across Ohio for decades. We understand the challenges you face in the aftermath of a serious crash. We uphold your rights to the fullest extent of the law to pursue damages for your suffering.
Prioritizing Your Wellbeing & Recovery
Accidents caused by drunk drivers can include hit-and-runs, head-on crashes, fender benders, and more. Severe injuries can result, requiring significant recovery efforts and disrupting the lives of you and your family.
Catastrophic injuries in a drunk driving accident can include:
- Broken bones
- Traumatic brain injury (TBI)
- Spinal cord injuries
- Loss of a limb and amputation
When your injuries require considerable rehabilitation, recovery time, and potentially the loss of your employment, we can efficiently work to recover the full amount of damages available to you.
Can You Sue If You Get Hit by a Drunk Driver?
After a drunk driving accident, victims often face extensive treatment—and enormous medical bills. When their injuries prevent them from returning to work, victims and their families face even tougher financial challenges. While nothing can undo the pain and suffering you have experienced, you do have the option of seeking fair financial compensation for your losses.
After a drunk driving accident, victims are often able to file lawsuits against the drunk driver or another liable party. A civil drunk driving accident claim is different than a criminal case; while a criminal OVI case can result in certain penalties—like jail time, fines, and driver’s license suspension—the purpose of a civil case is to compensate the victim for his or her economic and non-economic damages.
By bringing a lawsuit against the drunk driver’s insurance company, you can seek compensation for the following damages:
- Current and future medical expenses
- Emergency medical care costs
- Lost income/wages and future earnings
- Lost or reduced earning capacity due to disability
- Pain and suffering
- Lost quality of life
In some cases, our attorneys can also pursue punitive damages. In contrast to the compensatory damages outlined above, punitive damages are not meant to compensate the victim for damages but, rather, to punish the at-fault party. Punitive damages are somewhat rare and are only available in cases in which the defendant displayed a willful or wanton disregard for others or acted with egregious negligence.
Are Drunk Drivers Always at Fault?
It might seem that drunk drivers are always to blame when they are involved in motor vehicle accidents. But believe it or not, drunk drivers are not automatically at fault in the eyes of the law.
To bring a civil claim or lawsuit against a drunk driver, you will likely need to prove all the following elements:
- Duty of Care: The duty of care refers to the responsibility of another party to act with reasonable care to avoid causing you harm.
- Breach: The breach of the duty of care involves any action or inaction that violates the duty of care or, in other words, put others at risk of foreseeable harm.
- Causation: Proving causation involves demonstrating that the other party’s breach of the duty of care was the proximate cause of your injuries/damages.
- Damages: Lastly, to bring a civil claim or lawsuit, you must prove that you suffered measurable economic and/or non-economic damages.
In some cases, the rule of negligence per se may come into play. Under this rule, the breach of the duty of care is automatically assumed because the other party was driving while impaired. Because of this, you only need to prove that the other party was operating a vehicle while intoxicated and that this was the proximate cause of your injuries/damages.
Under Ohio’s rule of modified comparative fault, you could be found partially at fault for the accident. If you are less than 51% to blame, you can still seek compensation for your damages, but if you are more than 51% at fault, you are prohibited from filing a civil claim or lawsuit against the drunk driver.
Experience in Complex Accident Cases
Whether the at-fault driver fled the accident scene or failed to produce adequate insurance coverage, we can still pursue compensation for you through uninsured or underinsured motorist coverage. After a crash, we can file an insurance claim, investigate the cause of the accident, and protect your rights through negotiation, litigation, or both.
We will not back down easily and will leverage our experience, long track record of substantial settlements, and commitment to your case to pursue justice and financial relief for you. If your loved one suffered a fatal injury due to a drunk driver, we can pursue damages for you and your family through a wrongful death claim instead.
Let Us Shoulder Some of Your Burden
Managing the aftermath of a serious accident is challenging enough. Let us bear the weight of the legal process after a crash caused by a drunk driver. Schedule a free initial consultation at one of our offices to chat with a Dayton drunk driving accident attorney.