Drunk Driving Accident Attorneys in Cleveland, OH

Drunk Driving Accident Attorneys in Cleveland, OH

Drunk Driving Accident Attorneys in Cleveland, OH

Drunk driving is one of the biggest risks facing drivers on Cleveland roads. According to Ohio State Highway Patrol, between 2019 and 2021, there were 2,002 deaths as a result of drunk driving.

The Buckeye Law Group is your trusted legal partner in navigating drunk driving injury cases in Cleveland. Our team of experienced drunk driving accident attorneys in Cleveland, OH, is dedicated to providing expert guidance and representation for individuals and families affected by these accidents.

Punitive Damages in Cleveland Drunk Driving Accidents

In cases involving drunk driving accidents, victims may be entitled to seek punitive damages in addition to compensatory damages. Punitive damages are intended to punish the at-fault party for their conduct and deter similar behavior in the future.

Factors that may lead to the awarding of punitive damages in Cleveland drunk driving accidents include:

• Excessive Intoxication: If the driver’s blood alcohol concentration (BAC) was significantly above the legal limit at the time of the accident, courts may view this as evidence of extreme recklessness and may be more inclined to award punitive damages.
• Prior DUI Convictions: A history of DUI convictions or alcohol-related offenses may demonstrate a pattern of dangerous behavior and increase the likelihood of punitive damages being awarded.
• Aggravating Factors: Factors such as speeding, erratic driving or fleeing the scene of the accident can aggravate the severity of the offense and may support imposing punitive damages.
• Conscious Indifference: If the driver acted with conscious indifference to the safety of others, such as driving despite knowing they were impaired or knowingly violating traffic laws, it may warrant punitive damages as a means of punishment and deterrence.

How Are Punitive Damages Awarded?

The potential for punitive damages is one aspect of drunk driving injury cases that makes them particularly unique in personal injury law. Many car accident injury claims never go to court, with settlements being negotiated prior to any trial beginning.

The exceptions are cases where the injured person or surviving family members pursuing compensation for a wrongful death are seeking punitive damages. Insurance companies won’t award punitive damages alongside economic and non-economic damages like lost wages, medical bills and pain and suffering. You’ll need to go through both the liability and damages phase of a civil trial to be awarded punitive damages.

Civil drunk driving injury cases typically occur after the drunk driver’s criminal case has concluded. Although the results of a criminal case aren’t directly tied to the civil case against the drunk driver, a guilty verdict can be beneficial due to the lower standard of proof required in civil cases.

Criminal cases use the beyond-a-reasonable doubt standard, while civil cases rely on the preponderance of evidence standard. This means the jury only needs to be convinced that the drunk driver more likely than not caused the accident and the resulting injuries (more than 50 percent).

What can complicate matters are scenarios in which the sober driver was at fault. It is possible for there to be questions pertaining to fault in drunk driving accidents. Being involved in a crash with a drunk driver does not automatically entitle you to compensation if you were the one who caused the crash – it must be established that they were liable.

Seeking Justice for Victims of Drunk Driving in Cleveland