If you or a loved one has been hurt in an accident caused by a drunk driver, you could be dealing with serious injuries, vehicle damage, and forms of emotional distress like post-traumatic stress disorder (PTSD). At a time like this, you need the compassionate counsel and structure that only a drunk driving accident lawyer in Toledo can provide.
At Groth & Associates, we have over 100 years of combined experience handling impaired driving accident cases like yours. A Toledo car accident lawyer from our team will guide you through your claim and fight for the settlement you need to cover medical bills, repair your vehicle, and put this accident in the past where it belongs.
A Drunk Driving Accident Lawyer in Toledo Will Pursue Damages for You
After a drunk driving crash, you don’t automatically receive compensation. Instead, damages are negotiated through the settlement process. Your claim will be supported by medical records, proof of income loss, evidence from the crash investigation, and documentation showing how your injuries affect your daily life.
Insurance companies review this evidence to estimate the value of your claim. Most cases are resolved through settlement discussions rather than trial. During this process, both sides review evidence, calculate damages, and negotiate toward a financial resolution.
Our drunk driving accident attorneys in Toledo will gather compelling evidence and take a thorough approach to the claim preparation process. We’ll work tirelessly to negotiate a settlement that meets your needs. Depending on your injuries and losses, our Toledo personal injury lawyers may pursue any of the following damages for you:
- Current medical bills
- Emergency room costs
- Future treatment expenses
- Physical therapy costs
- Property damage or vehicle repair costs
- Lost wages
- Decreased earning ability
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Wrongful death damages, if your loved one passed away in a drunk driving crash
For a free legal consultation with a drunk driving lawyer serving Toledo, call (419) 930-3030
Steps to Take After a Drunk Driving Accident
The moments after a serious accident can be stressful and chaotic, especially when the at-fault driver is inebriated. That said, what you do next will affect your health, your safety, and your legal claim. Taking the right steps helps protect you and preserves the evidence needed to hold the impaired driver accountable for any injuries and losses you suffer.
Our Toledo drunk driving accident lawyers recommend taking the following steps after a crash with an impaired driver:
- Call 911 and wait for law enforcement to arrive
- Request an ambulance if you or other involved parties have suffered serious injuries
- Exchange contact and insurance information with all drivers involved
- Take photos of vehicle damage, road conditions, and visible injuries
- Get contact information from witnesses
- Avoid discussing fault at the scene
- Do not post about the accident on social media
- Keep copies of medical bills, repair estimates, and other records
- Speak with a personal injury lawyer before giving recorded statements
- Seek medical evaluation soon, even if injuries seem minor
- Follow all treatment recommendations and attend follow-up appointments
Personal Injury Lawyer Near Me (419) 930-3030
The Importance of Hiring a Toledo Drunk Driving Lawyer as Soon as Possible
You’ll want to hire an attorney soon after a drunk driving accident. In the weeks and months following your crash, evidence can disappear, memories may fade, and insurance companies will likely begin working to limit what they pay you. Bringing a lawyer in early helps protect your rights from the start and ensures your claim moves forward the right way.
It is also important to recognize that personal injury lawsuits have a statute of limitations. This means that you will need to file your lawsuit within a specific time period after the accident in order to be eligible for damages. In drunk driving accident lawsuits, the statute of limitations is governed by Section 2305.10 of the Ohio Code.
Under the law, you must file your lawsuit within two years from the date of the drunk driving accident that caused your injuries. Fortunately, if you reach out to our Toledo drunk driving accident attorneys soon, we’ll have the time we need to gather all available evidence and file your civil suit before the deadline.
Dealing With Insurance Companies After a Drunk Driving Accident
Insurance companies move quickly after a crash, and their main goal is almost always to protect their bottom line. Adjusters may seem helpful at first, but they are trained to gather information that limits what their company pays you. As a result, early settlement offers often fail to account for the full cost of medical care and the true impact of your injuries.
Having a lawyer handle interactions with the insurance company can change everything. Our drunk driving lawyers in Toledo will take care of negotiations and push back when insurers try to minimize your claim.
When you let your local full-service law firm handle insurance companies for you, you’ll be able to focus on resting and recovering from your injuries.
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Drunk Driving Facts and Figures
How much of a problem is drunk driving, and how often does it result in serious accidents and injuries? According to a fact sheet from the Centers for Disease Control and Prevention (CDC), the following statistics highlight the serious problem of driving under the influence in Ohio and across the country:
- In total, drunk driving accidents are responsible for nearly one-third (31%) of all traffic fatalities reported in the U.S.;
- About 20% of fatal accidents involving children are caused by alcohol impairment;
- Approximately 50% of all alcohol-related accidents in which children suffer fatal injuries involve a situation in which the child was a passenger in the drunk driver’s car; and
- Only about 1% of all drunk drivers are arrested for driving under the influence of alcohol or drugs each year, based on self-reported incidents of drunk driving.
Are some people at greater risk than others of being involved in a serious alcohol-related accident? The CDC identifies the following groups as being at the most risk of suffering serious injuries in a drunk driving collision:
- Young drivers and passengers: approximately 30% of drunk drivers involved in accidents are between the ages of 21 and 24, while nearly the same percentage of drivers responsible for alcohol-involved crashes are between the ages of 25 and 34;
- Motorcyclists: given that motorcyclists have less protection than automobile drivers and passengers, they tend to sustain more serious injuries in crashes, including those in which alcohol is a factor;
- Vehicle operators who have previous convictions for driving under the influence: according to the CDC, alcohol-impaired drivers who cause fatal crashes are “seven times more likely to have a prior conviction for OVI than were drivers with no alcohol in their system.”
Drunk driving is a serious problem that can lead to accidents that cause debilitating injuries and severe financial setbacks. If you or a family member has been hurt in a crash caused by an impaired driver, you have the right to seek compensation and justice. Reach out to our drunk driving accident attorney in Toledo for help.
Preventing Toledo Impaired Driving Accidents
What can we do to help prevent alcohol-related car accidents? The impetus for prevention is on both law enforcement officials and individuals, according to the CDC fact sheet. In general, the CDC recommends the following steps to prevent drunk driving crashes:
- Assign a designated driver if you are planning an outing with a group that will involve alcohol consumption;
- Do not allow friends to drive if they are intoxicated;
- If you have been drinking and cannot drive, call a taxi (or an Uber or a Lyft) to take you home; and
- Do not allow guests to drive away from a party at your home if they have consumed alcohol and are impaired.
What can law enforcement officials do? The CDC suggests the following:
- Enforcing drunk driving laws, or OVI laws;
- Maintaining a “zero tolerance” policy for underage drivers who have been drinking;
- Mandating that OVI offenders install ignition interlocks, even if they are first-time offenders;
- Regularly implement sobriety checkpoints; and
- Engage in community awareness efforts to prevent drunk driving.
While taking these steps can reduce the likelihood of drunk driving crashes, it won’t magically shield you against the negligence of other drivers. If another motorist causes you to suffer injuries and losses in an accident, it’s time to hire a skilled drunk driving accident lawyer in Toledo.
Drunk Driving Accident FAQs
How Do I Prove the Driver Who Hit Me Was Drunk?
Evidence is crucial to any personal injury case. Although you suffered terrible injuries in the crash, you need to show that the driver who hit you didn’t use reasonable care while driving, and that requires evidence.
If the police arrested the driver, we can seek to use any breath, urine, or blood test results. These tests should show that the driver was drinking or using drugs before hitting you. We can also rely on any witness testimony.
For example, the driver might have exited their vehicle while holding a joint, or their speech could be slurred. Intoxicated drivers often stumble around, and this evidence helps show if the driver was impaired.
Also, our Toledo drunk driving lawyers might use witness testimony from those who saw the driver leave a bar or tavern. The sooner you contact our legal team, the easier it is for us to find helpful evidence.
Can I Still Sue for Compensation if the Driver Was Acquitted of DUI?
Yes. Civil cases are different from criminal ones. We need to show that it is more likely than not that you suffered injuries because the driver failed to use reasonable care. That’s a lower standard than the rule in criminal cases.
Any civil case is independent of criminal charges. In fact, it’s possible to get compensation even if the driver beats the DUI charges or accepts a generous plea deal.
Do I Have Rights if the Driver Was High on Drugs?
Yes. Drugged driving is also a clear example of failing to use reasonable care behind the wheel of a motor vehicle. Even using prescription or over-the-counter drugs can make a driver careless. For example, certain cold medications cause drowsiness, and it would be negligent for a drowsy person to drive.
You should meet with a Toledo drunk driving attorney to discuss your accident. As more people use marijuana recreationally, we are seeing an uptick in drugged driving cases.
Can I Sue a Bar or Tavern for Serving the Driver Who Hit Me?
Yes. Ohio has a dram shop law, which allows you to sue an establishment licensed to sell alcohol when the drunk person injures you. You can find the law at Ohio Revised Code Section 4399.18. Under this law, you can sue if the defendant knowingly sold alcohol to someone who was “noticeably intoxicated” or to someone under 21, and this person then injures you.
For example, a bar might refuse to stop serving an obviously drunk person. This person is talking loudly, slurring their words, and reeks of alcohol. If the customer then gets behind the wheel of a car and hits you, then you can sue the bar under the dram shop law.
To bring this claim, the defendant must have had a license to serve alcohol. This means you can’t sue a grocery store for selling a 12-pack to someone.
What Is Social Host Liability? Can I Sue a Private Person for Providing Alcohol?
This is another way to sue a third party for your drunk driving accident. A social host is someone who provides guests with alcohol, often at a party. They are not liable under the dram shop law because they don’t have a license to serve. However, if they provide alcohol to someone under 21, then they can be sued if the minor gets into a crash.
As an example, Jim might throw a high school graduation party for his daughter’s class. He provides alcohol to her classmates, one of whom drives home and crashes into an innocent person. The accident victim can sue Jim as a social host. However, social host liability doesn’t extend to providing alcohol to someone who is obviously drunk.
Claims involving dram shop or social host liability must be pursued quickly. You get only two years to file a claim.
Can I Get Punitive Damages for a Drunk Driving Accident?
It’s possible. Personal injury law allows victims to seek punitive damages as a way to punish someone. Driving while drunk is certainly much more blameworthy than simple carelessness. This is the type of gross negligence that may support a claim for punitive damages under Ohio law. Still, there are considerations, such as whether the driver’s insurer will cover punitive damages.
Contact an Experienced Toledo Drunk Driving Accident Lawyer Today
At Groth & Associates, we understand that the days and weeks after a drunk driving collision can be difficult, and you might not be thinking about filing a lawsuit. Indeed, when you or someone you love gets hurt in an accident caused by a drunk driver, it can be extremely upsetting and frustrating, not to mention physically painful.
However, you should not hesitate to reach out to an experienced drunk driving accident lawyer in Toledo to learn more about how we can help with your case. Contact us today to schedule a free consultation and take the first step toward a life-changing settlement.
Call or text (419) 930-3030 or complete a Free Case Evaluation form
