A police officer speaking with a driver at a roadside stop at night

Drunk-driver crashes

Section menu

Impaired driver

The drunk driver was arrested. It feels like justice is handled. But the prosecutor does not represent you, and the criminal case does not pay your medical bills. Your injury claim is a separate case.

Tell us what happened What to do this week

What usually happens

After a drunk-driving crash there are two cases. The state brings the criminal case against the driver. You bring the civil case for your injuries. They run on different tracks and different timelines.

Many people wait for the criminal case to finish before they call a lawyer. That can cost months, and evidence for your claim does not wait.

Drunk drivers are also more likely to have no insurance or too little, so your own uninsured or underinsured coverage often matters here.

What the insurer says, and what we do

“Wait until the criminal case is over.”

You do not have to. We can start your claim now, and use the police report and test results as they come in.
“The driver's policy limit is all there is.”

We look for every other source: your own UIM coverage, the vehicle owner's policy, and in narrow cases, the bar that served the driver.
“Criminal restitution covers it.”

Restitution in a criminal case is usually limited to certain costs. It rarely covers pain, long-term care or lost earning power.

Two cases, two tracks

What each case does, and who it is for.

The criminal case

Brought by the prosecutor. It decides if the driver is guilty and what the punishment is. You may be a witness, and you can speak at sentencing. It is not your case.

Your civil case

Brought by you, with your lawyer. It asks for money for medical bills, lost pay, pain and how your life changed. In some drunk-driving cases, Ohio law may also allow extra damages meant to punish.

Checklist

What to do this week

Get the police report and the case number for the criminal charge.
Ask where the driver was drinking, if anyone knows. Receipts and tabs can matter later.
Keep every medical record and bill, and track missed work from day one.
Do not talk about the crash on social media while either case is open.

Who may pay

The driver's liability insurance The first source, if the driver had a policy.
Your own underinsured or uninsured coverage Often needed, since impaired drivers are more likely to be uninsured or underinsured.
A bar or restaurant, in narrow cases Ohio allows these claims only in limited situations, such as knowingly serving someone who was clearly drunk. We check the facts before we promise anything.

Questions we hear about drunk driver crashes

Do I have to testify in the criminal case?

You may be called as a witness. We can help you understand what to expect, but the prosecutor runs that case. Your civil claim moves on its own.

Can I sue the bar that served the driver?

Sometimes. Ohio's rules on this are narrow. We look at receipts, tabs, video and witness accounts to see whether the bar knowingly served someone who was clearly drunk.

An example outcome

Example outcome Partial result

Drunk-driver crashes

Rear-ended by a driver later convicted of OVI

A family was rear-ended at a light by a driver who had been drinking at a nearby bar. Two passengers had neck and back injuries.

What happened: The claim against the driver settled. A claim against the bar was dropped after its video showed the driver did not appear drunk when served.

What we took from it Bar claims in Ohio are narrow. We check the evidence before we add one, and drop it when the facts are not there.

These are invented examples for a sample website. They show the kinds of results a road injury firm might describe. Every case is different, and past results do not guarantee or predict a similar outcome in any other case. See all example outcomes.

Talk it through with Thomas

Thomas Rowe leads our drunk driver work. Start the free case evaluation with this crash type already picked, or call the intake line any hour.

Free case evaluation Next: Motorcycle accidents

Call any hour. A lawyer calls you back.

Tell us what happened in five short steps, or call the intake line. A free case evaluation costs nothing, and you do not have to hire us afterwards.

Start a free case evaluation (614) 555-0163

No fee unless we recover money for you. Answered 24 hours a day, every day.