If you’ve been injured in a drunk driving accident in Ohio, you might be wondering whether the driver’s DUI lawsuit is enough to prove they’re responsible for your injuries. Depending on the facts of the case, the outcome might be different. Here’s an overview of what you can expect if the drunk driver who injured you was also convicted of a DUI.
Who is Liable?
When you file a personal injury suit against a drunk driver, there are some things you must consider first.
- Who owed a duty of care? Obviously, as a driver, one owes a duty of care to not be inhibited while driving. That’s not only the law, but a basic part of personal injury and negligence case law. The driver is responsible to everyone else on the road—namely, that they are not inhibited or otherwise unable to perform their safe driving duty.
- Who violated that duty of care? If you were injured in a drunk driving accident, the person who was responsible is important. Was it the drunk driver? If so, you should be able to recover compensation.
- What damage ensued? Finally, you’ll need to prove whether the damage incurred was part of the accident and whether it was directly a result of their actions. This is called “causation.”
A driver with a DUI conviction is usually a boon—it proves beyond a reasonable doubt that they were inhibited during the incident. However, it doesn’t mean that you’ll win your case. You have to prove that they directly caused your injuries.
Can Drivers Be Liable Without a DUI Conviction?
Even if a driver was found not guilty in a criminal court, they can still be liable in a personal injury suit. The burden of proof is different: in criminal court, they must be found guilty “beyond a reasonable doubt,” which is the highest standard of proof in the United States. However, in civil court, they need to be found liable by a “preponderance of the evidence,” which is something like 51% versus 49% in either direction.
If you’ve been injured in a car accident, you should contact an attorney right away. They can help determine whether you have any fault in the accident, as well as whether the other driver’s drunk driving conviction can bolster or detract from your case.
Speak with an Ohio Personal Injury Attorney Today
Have you been injured in a drunk driving accident? Was the other driver at fault? I can help you seek financial compensation. You shouldn’t have to bear the costs of medical care, loss of income, and recovery on your own. Together, we’ll work to make sure that you get the help you need. I’ll Make Them Pay!® Call me today at 877.944.4373 for a consultation.