Filing a Claim for a Drunk Driving Accident in Ohio

According to the Ohio State Highway Patrol, there have been nearly 67,000 drunk driving crashes in Ohio since the start of 2020. This equates to nearly 1,000 drunk driving crashes per month, or more than 30 per day. As a result, if you find yourself needing to hire a Columbus personal injury lawyer to file a claim against a drunk driver, you are not alone.

For victims and family members who need to take legal action after a drunk driving accident in Ohio, hiring an experienced Columbus personal injury lawyer is the first step in the process. Keep reading to learn what you can expect once you hire an experienced lawyer to represent you.

The Process of Seeking Financial Compensation for a Drunk Driving Accident

Drunk driving is negligent driving. As a result, when drunk drivers cause serious or fatal car accidents, they can be held fully accountable under Ohio law.

As a practical matter, however, seeking financial compensation for a drunk driving accident typically does not involve filing a lawsuit against the drunk driver. Instead, in most cases, victims or their families will pursue one (or more) of the following claims:

• A claim against the drunk driver’s insurance company;
• A claim against an establishment that overserved the drunk driver; and/or,
• A claim against the drunk driver’s employer or rideshare company.

Determining Which Claim(s) You Can File

With this in mind, if you need to seek financial compensation for a drunk driving accident in Ohio, one of the first steps in the process will involve determining which claim(s) you are eligible to file. As we just discussed, there are three main possibilities:

1. A Claim Against the Drunk Driver’s Insurance Company

Since liability insurance is mandatory in Ohio, the drunk driver who hit you or your loved one should have insurance coverage. As a result, seeking financial compensation for the accident should involve filing a claim with the drunk driver’s insurance company.

We emphasize “should” because not all drunk drivers are insured. This is one reason why we generally recommend paying for uninsured/underinsured motorist (UIM) coverage if you are able to do so.

Under Ohio law, drivers are legally required to carry liability insurance of $25,000 per person and $50,000 per accident (plus $25,000 in property damage coverage). However, while some drivers are uninsured or underinsured, others opt to purchase additional coverage. Additionally, if you have a UIM policy—or if a member of your household has a UIM policy—you may be able to rely on this coverage in addition to the drunk driver’s coverage (or instead of the drunk driver’s coverage) if necessary. Your Columbus personal injury lawyer will be able to determine what auto insurance coverage is available to you.

2. A Claim Against an Establishment that Overserved the Drunk Driver

Bars, restaurants, and other establishments can be held liable for drunk driving accidents in some cases. Specifically, Ohio’s “dram shop” law allows drunk driving accident victims and their families to file claims against establishments that either:

• Knowingly sell alcohol to a “noticeably intoxicated person,” or,
• Knowingly sell alcohol to someone who is under age 21.

While proving that a bartender or server acted “knowingly” and proving that someone was “noticeably” intoxicated both present challenges, these are challenges that your lawyer may be able to overcome. From the bartender or server’s sworn testimony to surveillance camera footage and statements from eyewitnesses, various forms of evidence may be available.

Establishments that serve alcohol typically have commercial liability insurance that covers claims under Ohio’s “dram shop” law, and their coverage limits are usually much higher than the limits under drunk drivers’ auto insurance policies. As a result, seeking financial compensation under Ohio’s “dram shop” law will usually involve filing an insurance claim as well.

3. A Claim Against the Drunk Driver’s Employer or Rideshare Company

Some people drink on the job. When drunk drivers cause serious or fatal accidents while they are on the clock, their employers can often be held liable under Ohio law. Even though rideshare drivers aren’t considered rideshare companies’ employees, these companies can often be held liable for drunk driving accidents as well.

Here too, seeking financial compensation usually involves filing an insurance claim. Companies that employ drivers typically have liability insurance that covers accidents, and Uber and Lyft both have liability coverage that victims and families can pursue when they cannot fully recover their losses under rideshare drivers’ policies.

Once you hire a lawyer to represent you, one of your lawyer’s first priorities will be to conduct a comprehensive investigation. The focus of this investigation will be on gathering the evidence needed to determine which claim(s) you can file and proving your right to financial compensation.

Proving Your Right to Financial Compensation

Even when you clearly have a claim for a drunk driving accident in Ohio, recovering the financial compensation you deserve still requires proof. This proof will come in the form of the evidence that your lawyer gathers during his or her investigation.

In drunk driving cases, evidence of liability can take a variety of different forms. For example, depending on the circumstances involved in your (or your loved one’s) accident, your lawyer may be able to rely on evidence such as:

• The police report from the accident
• The drunk driver’s statements at the accident scene, on social media or under oath
• Eyewitnesses’ written statements and testimony
• Cell phone photos and videos from the accident scene
• Traffic or surveillance camera footage
• The drunk driver’s receipts, employment records, or rideshare history
• Internal records from a bar or restaurant, the driver’s employer or the driver’s rideshare company

Even these are just examples. To make sure your lawyer has the best opportunity to preserve the available evidence before it disappears, you should schedule a free initial consultation as soon as possible.

Documenting the Losses You Are Entitled to Recover

Along with proving your right to financial compensation, another key step in the process of filing a claim for a drunk driving accident in Ohio is proving how much you are entitled to recover. Under Ohio law, accident victims and their families are entitled to compensation for their financial and non-financial losses—both present and future.

Financial losses include medical expenses, other out-of-pocket costs, and lost earnings (and funeral and burial expenses in wrongful death cases). Non-financial losses include pain and suffering, emotional trauma, loss of consortium and companionship, and loss of enjoyment of life.

Documenting your losses also involves gathering several forms of evidence. In a typical case, this will include:

• Medical records
• Medical bills, statements and payment receipts
• Receipts for prescriptions and other expenses
• Employment records
• Testimony from friends and family members
• Testimony from medical and financial experts
• A log or journal documenting the day-to-day consequences of the accident

Here too, these are just examples. As you begin to gain a better understanding of the financial and non-financial impacts of your (or your loved one’s) drunk driving accident, your lawyer will work with you to ensure that he or she has all of the documentation necessary to seek the full compensation to which you are legally entitled.

Dealing with the Insurance Company(ies)

Typically, once your lawyer has sufficient evidence to determine which insurance claim(s) you can file, your lawyer will then begin the process of dealing with the insurance company(ies) on your behalf. This is indeed a process. Even in this scenario, the insurance companies will fight to avoid liability—and this means that you need to be prepared to fight for the compensation you deserve.

Insurance claims related to drunk driving accidents have two stages. The first stage involves establishing liability for the crash. If the insurance company accepts liability, then the second stage involves determining how much the insurance company is going to pay. When insurance claims get to the second stage without going to court, they will often settle. However, as a claimant, it is up to you to decide whether you are willing to accept any settlement offers that are on the table. Your lawyer will be able to help you make an informed decision.

Going to Court in Ohio if Necessary

If you don’t receive an acceptable settlement offer, the final step in the process will be to take your case to court. At this stage, your lawyer will rely on his or her experience to fight for a verdict that allows you to begin the process of moving on. Some cases also settle after trial begins, and if you receive a settlement offer during trial, your lawyer will help you make an informed decision about whether to accept in this scenario as well.

Need Help After a Drunk Driving Accident in Ohio? Contact Us for a Free Consultation with a Columbus Personal Injury Lawyer Today

Do you need to know more about filing a claim for a drunk driving accident in Ohio? If so, we strongly encourage you to contact us today. Call 888-444-7440 or contact us online to arrange a free consultation with an experienced Columbus personal injury lawyer as soon as possible.