DUI Accident Victims

“Impaired driving” describes an operator of a motor vehicle who is under the influence of drugs or alcohol. This type of negligent behavior can cause serious accidents.

An impaired driving accident is a distressing and difficult accident to be involved in, but we will work with you each step of the way. Gold, Khourey & Turak has successfully recovered damages against the pain, loss and hurt caused by impaired drivers. We have represented thousands of victims who receive the settlement amount they deserve.

If you or someone you love has been the victim of a impaired driving accident, contact us as soon as possible so we can help. It’s easy. It’s free. It’s worth it.

Don’t give up your rights!

Before you sign any documents with your insurance company or any third parties, make sure you get the opinion of an attorney. Call us at 1-800-388-2529 or fill out this form for your FREE Consultation.

Here are some examples of impaired driving accidents that we handle:

  • Excessive Speeding
  • Aggressive Driving
  • Failure to Stop at Traffic Signals
  • Falling Asleep at the Wheel
  • Swerving Into Oncoming Traffic
  • Rear-End Collisions
  • Side Swiping
  • Driving in the Opposite Direction
  • Loss of Vehicular Control

DUI Accident Victims FAQs

If a driver is under the influence of drugs instead of alcohol, does that affect the types of damages the injured person can collect?

No. The law does not differentiate between the effects of alcohol and drugs. Both can impair a driver who is operating a vehicle while under the influence.

What’s the difference between D.U.I. and O.V.I.?

They both mean the same thing. Ohio primarily uses the term O.V.I., which stands for “operating a vehicle while impaired.” D.U.I. means “driving under the influence.” Some states use “D.W.I.” which means “driving while intoxicated.” All include alcohol, illegal drugs and, sometimes, legal drugs.

The insurance company asked me to provide a statement about my accident. What should I do?

It depends on who is asking. Don’t sign or say anything to an insurance adjuster before you speak to an attorney. It could limit your rights to pursue a claim and significantly affect its value. If you are asked to provide a statement, contact GKT to help determine if you should consent.

Can a family member seek to hold a drunk driver accountable for a loved one’s injuries or death?

Any person who is injured by an impaired driver, or the survivors in an accident where someone was killed by a impaired driver, can bring a lawsuit against the impaired driver and anyone else who may have contributed to the accident.

If the person who injured me was driving under the influence, but I may have caused the accident, can I still file a lawsuit?

In general, yes, you can still pursue damages assuming the D.U.I. driver is more at fault than you. In West Virginia, Ohio and Pennsylvania, there is a comparative negligence statute which allows a person to sue any responsible party even if you were partially at fault. However, your damage award may be reduced by your share of negligence in causing the accident.

How impaired must a driver be for their to be presumption under the law that the defendant was negligent?

It must be established that the driver’s physical or mental abilities were so impaired by drugs or alcohol that he or she couldn’t drive with the caution or ability found in a person of ordinary reason and skill in similar circumstances. Anyone who drives under the influence of alcohol or another substance and causes an accident is considered to be negligent.

What damages can be recovered in a wrongful death or personal injury case if a driver is considered to be under the influence?

The injured person is entitled to recover past and future medical expenses; past and future loss of income and earning capacity; and past and future pain, suffering and emotional distress. The victim may also recover punitive damages. In cases where the victim dies as a result of the accident, a wrongful death claim can be pursued on behalf of the deceased’s estate. The victim’s family would be entitled to recover damages to compensate for monetary losses as well as emotional distress, loss of companionship, comfort and care, and possibly punitive damages.

What are the chances that my injury case against a drunk driver will settle out of court?

Your chances are very good. Most impaired driving claims involving injury or death settle without going to trial. Insurance companies don’t want to try cases in which their insured policyholder has been driving under the influence because of the potential risk of a large verdict. Attorneys can often use this information to their client’s advantage when negotiating a settlement offer. But the decision on whether to accept a settlement or proceed to trial is always up to the client.

If a bar only serves one drink to a person who leaves and causes an accident, can the bar be held liable?

It’s not how many drinks a person has consumed, but how the alcohol has affected that person. If the bar employee served an obviously intoxicated person, then the bar can be held responsible. If you feel a bar or other establishment played a role in a drunk driving accident, contact an attorney immediately. Proving intoxication of a bar patron often takes eyewitness testimony from other customers or employees and time can be a critical factor. An attorney will help locate witnesses, interview them, and obtain statements while they still remember what happened.

What is “dram shop” law?

If you’re injured by a drunk driver or assaulted by a drunk patron, you may have a right to sue the establishment under dram shop liability laws. These laws hold bars, restaurants and social clubs that illegally sell or serve alcohol to obviously intoxicated drinkers responsible for the injuries they cause. Illegal sales of intoxicating beverages can also include selling liquor without a license, selling liquor after hours or selling liquor to a minor.