Injured in an accident involving a drunk driver? A personal injury law firm in Cleveland can explain how Ohio drunk driving laws may impact your case and help fight for compensation to which you may be entitled to pay for damages stemming from the car accident.
When a driver shows no regard for the safety of others and gets behind the wheel when impaired, it can make the consequences of an accident that much more devastating. Despite laws that try to stop this destructive behavior, it happens time and time again.
In fact, according to the National Highway Traffic Safety Administration (NHTSA), 31 percent of total traffic fatalities involved a driver with a blood alcohol concentration (BAC) of .08 or higher. In 2010, there were a total of 10,228 traffic fatalities in which a driver had a BAC at or above the legal limit. In Ohio, there were 341 fatalities in which a driver had a BAC of .08 or higher, and 413 total alcohol-related fatalities (BAC of .01 or higher).
Ohio Drunk Driving Laws?
It?s important to know that the legal drinking age in Ohio, and in all other states, is 21 years old. Those who are below the age of 21 and are caught with a Blood Alcohol Content (BAC) level between 0.2 and .08 will be guilty of Operating a Vehicle after Underage Consumption (OVAUC).
Anybody with a BAC of .08 or more is considered to be under the influence. In the state of Ohio, Driving While Intoxicated (DWI) and Driving Under the Influence (DUI) offenses are grouped under Operating a Vehicle Under the Influence (OVI).
Proving Fault in an Accident Involving a Drunk Driver
A personal injury law firm in Cleveland will tell you that critical to your case is evidence that shows the other driver was OVI. This is why one of the most important things you can do is contact the police. Not only will they complete an accident report but they may administer a sobriety test. The results can significantly strengthen your case if they show the driver was drunk.
If there were witnesses that can testify to the driver?s condition or noticed odd behaviors, such as erratic driving or swerving, this could also be helpful. Sometimes the driver will even outright admit that they had a few, simply because they aren?t in the right frame of mind.
In addition to proving the driver was OVI, you will need to show evidence of the injuries you sustained as a result of the accident. It?s important to have copies of all medical records, such as X-rays. Any documentation related to treatment should be collected.
If you missed work, you will need proof of the wages you lost. Or if your injuries were so severe that you are now permanently disabled, you may need to demonstrate your earning potential.
Since an accident involving a drunk driver is oftentimes catastrophic, there may be psychological injuries suffered as well.
You may be entitled to compensation if you are struggling with:?
- depression;
- anxiety;
- post-traumatic stress disorder (PTSD); and
- other forms of emotional distress.
Seeking Help from a Personal Injury Law Firm in Cleveland?
Ohio drunk driving laws include serious penalties for OVI. It can lead to the loss of a driver license and jail time. But this still doesn?t make up for the financial, physical and emotional losses that victims of these accidents may experience.
Contact an attorney at Mellino Robenalt LLC to discuss your case. Call us today at 212-241-1901 or 440-333-3800 to set up an appointment with a personal injury lawyer in Cleveland to discuss an accident involving a drunk driver and how Ohio drunk driving laws may impact your case.
Filed under Articles, Car Accidents.
Tags: Car Accidents
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