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.

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.

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

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.

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.

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.

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.