Portsmouth Drunk Driving Accident Attorney
Representing Victims of Drunk Driving Accidents in the Tri-State Area
At Burnside Law, LLC, we are prepared to be your advocates during this time. We have decades of collective experience handling car accident claims, personal injury matters, and civil lawsuits against people who have harmed others while driving drunk.
We understand the heavy toll that drunk driving accidents take on individuals and families, which is why we work hard to help people like you achieve justice and obtain fair compensation for injury-related costs, as well as intangible damages such as pain and suffering.
Call (888) 724-9319 today to speak to an automobile accident attorney in Ohio, Kentucky, or West Virginia.
Can You Sue Someone for Drunk Driving?
Ohio is a comparative negligence state, which means it is permissible for the court to find both parties at least partially responsible for a given car accident. Under such circumstances, a person who has been injured in a car accident may recover compensation from the other driver if they (the filing party) are found to have been less than 50 percent negligent.
For example, if you are found to have been 10 percent negligent during your car accident, you would be able to recover 90 percent of your total damages under comparative negligence.
Is Ohio a No-fault State?
Yes, Ohio is a ne-fault state. Since Ohio is not a no-fault state, people injured in drunk driving accidents are generally able to sue the offending party for their medical expenses. Also, family members may sue the drunk driver for death-related costs.
Important Car Accident Laws in Ohio
- Dram Shop Act: Ohio’s Dram Shop Act also allows people who have been harmed through the actions of intoxicated drivers to sue the liquor permit holder (and/or any employees thereof) who knowingly sold alcohol to them if the drunk driving-related offense in question occurred on the permit holder’s property.
- Statute of Limitations: In the state of Ohio, personal injury lawsuits must be filed within two years of the date of the accident. It is imperative that you get in touch with a personal injury attorney as soon as possible following your accident in order to ensure your claim is fully formed and in motion long before the two-year deadline approaches.
- Car Accident “Fault” Laws: Ohio works on a “fault” system when determining who is financially responsible for physical injuries, car damage, and other harm caused during car accidents. Unlike no-fault states where you must reach the limits of your car insurance policy before filing a personal injury lawsuit against the responsible party, people injured by drunk drivers in Ohio may be able to take legal action against a drunk driver as a first course of action.
While it is important to understand the laws and regulations that may be relevant to your case, you should always seek representation immediately after you or a loved one is hurt by a drunk driver. At Burnside Law, LLC, we’re here to help, and we may be able to assist you in filing a civil lawsuit against the responsible party.
Send us a message to schedule your free, confidential consultation today.