When a drunk driving accident happens, the subsequent injury case and DUI case are separate matters. Most drunk driving accidents occur in areas that are not particularly crowded, where there is more access to videos from the arresting officer investigating the accident. By collecting all of the paperwork and video as supporting evidence for the DUI case, the injured person can substantially increase their recovery in a civil case. In addition, having the police officer available as a witness in the civil case would be a fantastic source of information.

By talking to the police officer who responded to the scene and issued the DUI, a Toledo drunk driving accident lawyer and the injured individual may become aware of evidence that was not even in the reports. An experienced car accident attorney can request the personal notes of the individual police officers in order to help in the civil litigation process.

Why You Need a Drunk Driving Accident Attorney

Accidents involving an intoxicated driver often result in severe injuries, including broken bones, traumatic brain injuries, spinal cord damage, and even fatalities. These injuries can lead to mounting medical bills, lost wages, and long-term rehabilitation. A skilled attorney in Toledo can help you navigate the legal process, gather evidence, and build a strong case to hold the at-fault drunk driver accountable. Under Ohio’s contributory fault law (Ohio Revised Code § 2315.33), compensation may be reduced if you are found partially at fault, so it is crucial to have a lawyer to protect your rights.

At Charles E. Boyk Law Offices, we prioritize your safety and well-being. Our team will investigate the accident, work with experts to reconstruct the scene, and negotiate with insurance companies on your behalf. We understand how insurers try to minimize payouts and will fight to ensure you receive fair compensation for your medical expenses, lost income, pain and suffering, and other damages. Whether the accident occurred on I-75, in downtown Toledo, or on a rural road, we have the experience to handle your case with compassion and determination.

What To Do After a Drunk Driving Accident

If you were involved in a drunk driving crash, it is vital that you protect your health and your legal rights immediately. The moments following an accident can be chaotic and overwhelming, but the right actions can make a significant difference in your recovery and ability to pursue compensation.

First, seek medical attention right away, even if your injuries seem minor or you feel fine. With some injuries, such as whiplash, concussions, or internal bleeding, you may not experience symptoms immediately, but these injuries can have serious long-term consequences if left untreated. A medical professional can thoroughly evaluate your condition and document your injuries, which will be crucial evidence for your case.

Next, report the accident to the police. A police report is essential documentation that provides an official account of the crash, including details about the other driver’s behavior and any signs of intoxication. Obtain a copy of the report, which will serve as valuable evidence when building your claim.

If you are physically able, gather as much evidence as possible at the scene. Take photos of the vehicles, the surrounding area, and any visible injuries. Collect contact information from witnesses who may have seen the accident, as their statements can help support your case. Additionally, write down the other driver’s details, including their name, insurance information, and license plate number.

Finally, contact a drunk driving accident attorney in Toledo as soon as possible to discuss your case. The sooner you reach out to an experienced attorney, the sooner they can investigate the accident, preserve evidence, and build a strong claim on your behalf. At Charles E. Boyk Law Offices, we understand the complexities of DUI cases and will work tirelessly to protect your rights.

Statute of Limitations

In Toledo, the statute of limitations for filing a lawsuit related to a drunk driving accident is generally two years from the date of the accident. This means that a person injured in a drunk driving accident has two years to file a personal injury claim against the responsible party.

If the victim is filing a claim for property damage (e.g., damage to a vehicle), the same two-year time frame applies. However, in cases of wrongful death, the statute of limitations is also two years from the date of death.

It’s important to note that the statute of limitations can be affected by certain circumstances, such as the discovery rule (when the victim was unaware of their injury), or if the government or a public entity is involved. Additionally, criminal charges against the drunk driver do not impact the statute of limitations for civil lawsuits, which means the victim can still file a civil suit even if the driver is not criminally convicted.

Typical Damages in a Drunk Driving Accident

The plaintiff can recover compensatory damages, which are damages that allow the injured party to be made whole. These damages include economic damages like medical bills and lost wages as well as non-economic damages like pain and suffering. An attorney can analyze the details of a specific case and estimate the compensation that the injured person is entitled to.

In addition, when criminal activity like drunk driving is involved, punitive damages may also be included. Punitive damages are damages that typically are not covered by insurance, but that the individual drunk driver would be responsible for out of their own pocket.

A creative Toledo drunk driving injury attorney can use several different techniques to place the insurance company on the hook for the drunk driving accident and increase the compensatory damages. Typically, insurance companies want to reach a settlement agreement and keep drunk driving claims out of court, because they know a jury is likely to harshly punish a drunk driver for their outrageous conduct.

Involvement from the Injured Party

If the drunk driver fights the ticket, the injured party will be subpoenaed as a witness for the prosecution at a pretrial or for the trial against the drunk driver. A Toledo drunk driver accident attorney can coach the individual on what to say in response to the prosecutor’s questions. The attorney will also go with the individual to the court hearing to make sure that the prosecutor understands how substantial the potential client’s injuries are and to make sure he is well represented, both in the civil lawsuit and at the criminal trial.

Typically, the injured party has no say in pressing charges against the drunk driver because it is often up to the city of Toledo to pursue its own criminal charges. It is ultimately up to the prosecutor and the police to bring the charges, traffic charges, and potential criminal charges, depending on the situation. Even if the injured party does not want to press charges, their opinion will be listened to, but the final say lies with the police officers and the prosecutor.

Partial Responsibility for Drunk Driving Accidents

A person can collect under Ohio law as long as the other party is at least 50 percent at fault for the accident. If the other party was 51 percent at fault for the accident, the individual would then collect 51 percent of the damages. For example, if the case was worth a $100,000 and the other side was 51 percent at fault, an individual could collect $51,000. A judge or jury will decide the percentage of responsibility for either side of the accident.

Difference from Other Car Accident Cases

In an accident involving a drunk driver case, an injured person can sue for punitive damages with help from a Toledo drunk driving injury attorney. Punitive damages are meant to punish the individual driver for their reckless, outrageous conduct under Ohio law. This would increase the value of the case substantially and put a lot of pressure on the other insurance company.

Another unique piece of information about a drunk driver situation is that normally there is going to be a police officer who would have interviewed the drunk driver, performed either a breath or urine test on the drunk driver, and possibly took statements from the drunk driver. All of this information will be valuable evidence for your injury claim.

Contact a Toledo Drunk Driving Accident Attorney Now for Help

Do not face the aftermath of a drunk driving accident alone. Our team at Charles E. Boyk Law Offices is here to guide you. We will listen to your concerns, answer your questions, and work tirelessly to achieve the best possible outcome for your case. If you have sustained damages and injuries due to an intoxicated driver’s negligence, call us today for a free consultation. Let us help you stand up for your rights and secure the justice you deserve.

If you or a loved one have been involved in a DUI wreck, help is here. Contact our firm and connect with an experienced Toledo drunk driving accident lawyer as soon as possible.