Cleveland Drunk Driving Accident Attorneys
Injured by a Drunk Driver in Cleveland, OH?
When you or your loved one is injured in a drunk driving accident, it can be a very difficult time. You may be dealing with serious injuries, mounting medical bills, and the emotional stress of knowing that another person's irresponsible and dangerous behavior caused the accident. At Henderson & Weatherly, we know how difficult it can be to go through such a situation alone. We are here to help you through this difficult time and to fight for the compensation you deserve.
Our team of Cleveland drunk driving accident attorneys can provide you with the legal guidance you need to move forward. We know that the negligent party should be held accountable for their actions, which is why we are dedicated to helping you recover the maximum amount of compensation available to you under the law.
We have the knowledge and resources to effectively represent you in your case. Our attorneys are known for their commitment to excellence and for their ability to effectively communicate and advocate for their clients. Our firm is known for our strong track record of success, and we are ready to fight for you when you need us the most.
How To Prove Negligence in a Drunk Driving Accident in Ohio
In order to succeed in a drunk driving accident claim in Ohio, you must prove the following four elements:
- Establish the duty of care: Show that the driver had a legal duty to operate their vehicle responsibly and safely, which includes obeying traffic laws and not driving under the influence of alcohol or drugs.
- Prove breach of duty: Demonstrate that the driver breached their duty of care by driving while intoxicated. This can be done through evidence such as police reports indicating the driver's blood alcohol concentration (BAC) or testimony from witnesses who observed signs of impairment.
- Show causation: Establish a link between the driver's intoxication and the accident. This may involve presenting evidence that the driver's impairment directly caused the accident or contributed to its severity.
- Prove damages: Provide evidence of the damages you suffered as a result of the accident. This can include medical bills, property damage receipts, lost wages, and any other relevant documentation.
Collect all available evidence related to the accident. This may include police reports, witness statements, photographs or videos of the accident scene, medical records, and any other relevant documents.
Lastly, it is strongly recommended to consult with an experienced personal injury attorney who can guide you through the legal process, help you gather evidence, and build a strong case.
Recovering Damages in a Drunk Driving Accident Case
In Ohio, you can recover damages in a personal injury lawsuit if you suffered an injury due to another person or company's negligence, carelessness, or recklessness. You may be eligible to recover compensation for medical bills, lost wages, pain and suffering, and other damages.
The specific amount of compensation you can recover will depend on the severity of your injuries, the circumstances of the accident, and the at-fault party's level of negligence.
Ohio Dram Shop Laws
Dram shop laws are statutes that impose liability on establishments, such as bars, restaurants, and liquor stores, that serve alcohol to visibly intoxicated individuals or minors who subsequently cause harm to others. These laws vary from state to state, including Ohio.
In Ohio, the dram shop law is outlined in Ohio Revised Code Section 4399.18. Under this law, establishments can be held liable for damages if they serve alcohol to someone who is "apparently intoxicated" and that intoxication contributes to the individual's actions causing injury or death to another person.
To establish liability under Ohio's dram shop law, the injured party must prove the following elements:
- The establishment knowingly served alcohol to a person who was apparently intoxicated.
- The person's intoxication was a proximate cause of the injury or death.
- The injured party suffered damages as a result.
It's important to note that Ohio law limits the liability of establishments to cases involving injuries or death caused by the intoxicated person. Damages for property damage or other losses are generally not covered under dram shop laws.
The Cleveland Drunk Driving Accident Attorneys Are Here to Help
When you are dealing with the aftermath of a drunk driving accident, you shouldn't have to worry about the legal aspects of your case. At Henderson & Weatherly, we can take care of the legal aspects of your case so you can focus on your recovery.
Our firm can help you pursue compensation for all of the damages you have suffered. We can handle the legal aspects of your case so you can focus on getting the medical treatment you need to heal.
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