If you live in Ohio and are injured in a crash caused by a drunk driver, you may receive compensation for medical bills, lost wages or property damage. This is generally true even if the other driver dies in the car wreck as well. It is worth noting that you could still be found at least partially liable for any damages that you incur even if the defendant was impaired prior to a collision.
Why might you be liable for a drunk driving crash?
Although the defendant may have acted in a reckless manner, it does not absolve you of your own duty of care while operating a motor vehicle. Essentially, you are still responsible for maintaining your lane or obeying traffic control devices regardless of what others do.
Therefore, if there is reason to believe that an unsafe lane change or excessive speed played a role in a crash, you’ll likely be entitled to a smaller financial award. The amount of such an award will be reduced by the extent of your liability. If you were found to be 10% liable for your financial losses, you would receive 90% of whatever the defendant actually owes you.
How do you prove the other driver was negligent?
To prove that the other driver was negligent for causing a motor vehicle accident, you’ll need to show that this person violated his or her duty of care. The fact that the defendant was intoxicated should be enough to do so. Next, you’ll need to show that this violation was the proximate cause of your injuries. Finally, you will need to establish that you incurred a financial loss, and typically, you will use medical bills, car repair bills or other invoices to meet this burden of proof.
If you are injured in a car accident, it’s important to seek treatment as soon as possible. It may also be a good idea to file an insurance claim as well as a lawsuit in a timely manner. Doing so may make it easier to pursue compensation or other relief in your case.