Car accidents caused by alcohol impairment are a tragically common occurrence in the United States, with a staggering 13,524 deaths related to drunk driving crashes reported in 2022 alone. These accidents claim lives and leave survivors with severe or catastrophic injuries that alter the course of their lives. Those impacted and their families often struggle under the weight of physical pain, emotional trauma, and financial strain.
Victims have legal rights and can seek compensation in the aftermath of an alcohol-related car accident. Individuals who decide to drive while intoxicated should face accountability for their negligent behavior. Those harmed can pursue a personal injury claim or wrongful death lawsuit to seek justice and financial compensation for their losses.
If you or a loved one has been the victim of an alcohol-related car accident in Columbus, contact Rourke & Blumenthal at (614) 321-3212 for a consultation.
How Alcohol Impairs Driving Ability: A Closer Look
Understanding the impact of alcohol on driving ability is crucial to grasping the severity of drunk driving accidents. As alcohol levels rise in the bloodstream, brain function decreases, leading to diminished cognitive skills that are vital for safe driving.
Alcohol impairs critical driving skills such as:
- Reaction time
- Judgment
- Coordination
Even small amounts of alcohol can have a significant impact on driving. In Ohio, the legal limit for blood alcohol concentration (BAC) is 0.08%, but impairment begins long before reaching this threshold.
At a BAC of just 0.02%, individuals may experience a loss of judgment, affecting their ability to make sound decisions while driving. At the legal limit of 0.08%, drivers typically exhibit a decreased ability to detect danger, impaired vision, and slower reaction times—factors that can make controlling a vehicle safely nearly impossible.
Alcohol-impaired driving isn't just a risk to the individual—it endangers all road users. The decision to drive after consuming alcohol can have devastating consequences for the driver and for innocent victims who may be sharing the road with them.
Legal Consequences of OVI in Ohio: What Victims Need to Know
Operating a vehicle under the influence (OVI) of alcohol is a criminal offense governed by Ohio Revised Code § 4511.19. The penalties for drunk driving in Ohio are severe. They can include jail time, hefty fines, and the suspension of the driver’s license.
Still, while an OVI conviction can result in criminal penalties for the offender, it does not automatically guarantee compensation for the accident victims.
An OVI conviction can, however, strengthen a personal injury claim by providing evidence of the driver's negligence. A driver convicted of OVI has violated the law and breached their duty of care to others on the road, which can be powerful support for a victim’s claim.
Still, a personal injury case is not dependent on the offender’s conviction. Victims can still pursue compensation by using other evidence, such as witness testimony, police reports, and expert analysis, to establish negligence.
Seeking Compensation After an OVI-Related Accident: Your Rights
Victims of OVI-related accidents can seek compensation for the physical and emotional expenses and losses they have suffered.
This compensation can cover damages, including:
- Medical expenses
- Lost wages
- Pain and suffering
- Loss of earning capacity
The goal is to provide financial relief for the victims and help them rebuild their lives after a traumatic event.
The first step in filing a claim is to submit it to the insurance company of the party responsible. If negotiations don't result in an equitable settlement, filing a lawsuit to seek just compensation might be necessary. This process requires careful navigation, as insurance companies often try to minimize payouts or deny claims entirely.
The Crucial Role of a Personal Injury Attorney in OVI Cases
Navigating the complexities of an OVI-related personal injury case is not something you should have to face alone. Working with a skilled personal injury attorney is vital to protecting your rights and seeking the compensation you deserve. These cases are often complicated by legal nuances that require specific knowledge to address effectively.
An adept attorney can establish the driver’s fault by gathering and showcasing evidence like police documentation, medical records, and expert testimonies. Furthermore, they can oversee negotiations with insurance providers to pursue a just settlement encompassing the full extent of your losses.
Manage Your Case with Legal Help
Individuals who choose to drive drunk should be held liable for their actions in criminal and civil arenas. If you or someone dear to you has been injured by a drunk driver, you have the right to file a lawsuit against them to seek compensation for the resulting expenses and losses. Securing legal representation is about more than just financial compensation; it’s about pursuing justice.
At Rourke & Blumenthal, we recognize the challenges that victims and their families face in the aftermath of an OVI-related accident. Our experienced Columbus team is here to support clients through all stages of their cases.
Contact us at (614) 321-3212 or through our online request form for a consultation.