There is no excuse for a driver to get behind the wheel after drinking. If you were injured by a drunk driver, contact our firm today to schedule a consultation with an attorney who will respond aggressively to secure a timely, cost-effective conclusion to your case.
Legal Information About Drunk Driving Accident Claims
The victim of an accident caused by a drunk driver and the family of fatal accident victim can claim compensation for medical costs, lost income, and pain and suffering. These cases present some unique legal and factual issues that can only be addressed by an attorney.
Mondello & Levey has been helping victims of drunk driving accidents, car accidents and other acts of negligence obtain compensation for over thirty years. We understand how to succeed in challenging cases and always work to maximize the compensation our clients receive.
Some basic information about drunk driving accident claims is presented below. You probably have additional questions about your case. In a free consultation, an attorney at Mondello & Levey can answer your questions and discuss what our firm can do to obtain compensation for you.
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For a free consultation with Mondello & Levey about a drunk driving accident case, call 866-246-7108 toll free or contact us online.
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Testimony by a drunk driving accident victim in the DUI criminal trial can greatly help in the civil claim.
If it can be shown that a bar or restaurant over served the drunk driver, additional compensation may be available from the establishment's dram shop insurance. Mondello & Levey will work to maximize compensation from all sources.
Third Party Liability in Drunk Driving Cases
The drunk driver may not be the only party liable for injuries to innocent parties in drunk driving accidents. Those who provided the alcohol to the driver or had the opportunity to prevent the accident also may share responsibility. To have your claim evaluated by an experienced personal injury lawyer, contact Mondello & Levey in Cleveland, Ohio. A personal injury attorney can determine all of the parties who may be liable for your injuries.
Vendors
Vendors who sell alcohol for a profit and provide alcoholic beverages to noticeably intoxicated people may be liable for any resulting injuries to innocent third-parties. Vendors can be held responsible under the state's dram shop act, a local alcohol beverage control statute or based on negligence principles.
Passengers
Passengers may be liable for injuries caused by drunk drivers to innocent third parties. If the passenger encouraged and actively participated in the driver's intoxication, he or she may be found liable. Also, if the passenger invites other people into the car, knowing the driver is intoxicated and failing to warn them of this danger, the passenger can be held responsible for any resulting injuries to them.
Social Hosts
Not all states recognize social host liability. In those that do, a social host is considered anyone without a liquor license who provides alcohol for free to guests. This can include social events, work parties and friend gatherings, for example. Liability can attach to social hosts if they provide alcohol to a visibly intoxicated person or a minor. An action may be brought against a social host under negligence principles or a local alcohol beverage control statute.
Employers
Employers may be liable for injuries caused by their employees after providing them with alcohol at work parties or other social work events. Most jurisdictions reject finding employers liable under a social host theory. In the cases where liability has been found, it was because the employee caused the injury using the employer's car, while still on the employer's property or while the employee was performing services in furtherance of his or her job.
Police Officers and Others in a Position to Prevent the Accident
In a limited number of jurisdictions, those who were in a position to prevent intoxicated drivers from driving and failed to do so have been found liable for any resulting injuries. This theory has most often been applied to police officers who allowed an intoxicated driver to drive home or allowed an intoxicated passenger to drive home after arresting the drunk driver. It also has been applied to people who knowingly lent their cars to a drunk driver and car dealerships that allowed a drunk person to buy and drive away in a car.
Conclusion
When filing suit to recover damages caused by a drunk driving accident, it is important to name all potentially liable parties. An experienced personal injury attorney can help you determine who these parties are and help you build your case. Contact Mondello & Levey in Cleveland, Ohio today.
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