Ohio Drunk Driving Accident Lawyer

Drunk Driving Accident Attorney in Ohio

Drinking and driving is an extreme form of negligence that typically makes drivers liable for any harm they cause. If a drunk driver harmed you or a loved one, you may have the right to seek compensation for your losses. You can count on our Ohio drunk driving accident lawyer to bring compassion and decades of experience to your case.

No words can truly express the injustice of a drunk driving accident. You were simply going about your day, and someone else’s reckless decision changed everything. Suddenly, you were left facing painful injuries, emotional trauma, and overwhelming financial strain. 

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The path ahead may feel uncertain, but it’s important to know you have the legal right to pursue justice and compensation for what you’ve lost.

At Gervelis Law Firm, we’re passionate about helping victims and families seek the results they deserve after life-altering collisions. We’ve been a part of your community for decades, representing victims across Youngstown, Akron, Toledo, Columbus, Canfield, and Warren. Our Ohio drunk driving accident lawyers can advocate for your rights, help you pursue justice, and work to recover the compensation you need to heal. 

How Can Our Drunk Driving Accident Lawyers Help You?

Drunk driving cases aren’t always straightforward. While the drunk driver might be clearly at fault for your injuries, the insurance company may use various tactics to try to pay you less than you deserve. Our firm can level the playing field and increase your chances of getting fair compensation. 

We’ve been part of your community for decades, and our experienced attorneys have deep knowledge of Ohio’s laws and how drunk driving injury claims interact with criminal proceedings. At Gervelis Law Firm, we can investigate the accident thoroughly by gathering evidence such as police reports, toxicology results, and witness statements.

Our Ohio personal injury attorneys can handle all communication with insurance companies to protect you from being taken advantage of. If negotiations don’t succeed, we’re prepared to take your case to court.

A Reputation You Can Count On

Thanks to our aggressive approach to personal injury representation, we’ve achieved numerous high-value settlements and verdicts for drunk driving victims. Here are a few examples of the results we’ve delivered to our clients:

• Three claimants were in a vehicle that was struck head-on after a truck’s wheel came off, causing the death of one of the passengers. Attorney David Tschantz secured a $999,500 settlement for the claimants.
• A client suffered a traumatic brain injury after being struck by a car that failed to yield to a stop sign, ejecting him from his motorcycle. Attorney Mark Gervelis secured $1.4 million for the client.
• A client suffered multiple fractures and a brain bleed after being struck by a vehicle that failed to stop at a stop sign. Attorney Stephane Mehle secured $495,000 for the client.

However, past results do not guarantee a similar outcome. Every case is different and must be evaluated on its own merits.

Your Legal Rights After a DUI Crash

Drunk driving is a crime, but victims also have the right to file a civil claim. That means you can take legal action to recover money for your damages.

This type of legal action is different from a criminal case. A criminal case focuses on punishing the driver, while a civil case focuses on helping you recover compensation. 

You do not need a criminal conviction to file a personal injury claim in Ohio. Civil cases require a lower burden of proof, and you can still recover compensation even if the driver is never convicted.

What Compensation Can You Recover in a Drunk Driving Accident in Ohio?

You can seek Ohio DUI accident compensation for any losses you suffer as a result of the crash. These damages are known as compensatory damages and include both economic and non-economic damages. Economic damages cover financial losses, including:

• Past, present, and future medical expenses
• Lost wages for the work you missed during your recovery
• Lost earning capacity for the injury’s long-term effects on your ability to work
• Property damage, including vehicle repair or replacement
• Disability-related expenses, such as in-home assistance or accessibility modifications to your home

Non-economic damages cover personal and emotional harm:

• Physical and emotional pain and suffering
• Loss of consortium for the injury’s impacts on your marriage or other close relationships
• Disfigurement or permanent disability
• Wrongful death damages for surviving loved ones include funeral expenses and lost companionship.

You may also qualify for punitive damages if the driver intended to harm you or was extremely reckless, which is often the case in drunk driving cases. Punitive damages aim to punish the driver rather than compensate you for specific losses. Under Ohio law, punitive damages are typically capped at twice the amount of compensatory damages awarded to you. 

Ohio Dram Shop Laws: Holding Third Parties Accountable

Bars, restaurants, or other businesses in Ohio may be held partly responsible for a drunk driving crash in limited situations. Ohio Revised Code §4399.18 allows victims to sue an alcohol vendor if both of the following are true:

• The business served alcohol to someone who was visibly intoxicated or underage.
• That person’s intoxication then caused the crash.

These are called dram shop cases, and they require specific proof of negligence. To succeed, you must prove that the crash wouldn’t have happened if the business had not knowingly overserved the driver. Our team knows how to obtain bar receipts, surveillance footage, and witness statements to help prove third-party liability.

What Counts as Drunk Driving in Ohio?

In Ohio, the legal term used by the courts to describe someone who drives under the influence of drugs or alcohol is OVI, which stands for “Operating a Vehicle Impaired.” While many people still use the term DUI, Ohio law sticks with OVI. This charge can involve any substance that causes impairment, including alcohol, illegal drugs, prescription medications, or a combination of substances. 

There are two general ways impairment can be established. First, a driver can be charged based on observable impairment. This may include erratic driving, slurred speech, failed field sobriety tests, or other signs that the person was not operating the vehicle safely.

Second, Ohio uses “per se” alcohol concentration limits. For most drivers aged 21 and older, a blood alcohol concentration (BAC) of 0.08 percent or higher is considered over the legal limit. At that level, the law presumes impairment. Ohio also recognizes a higher-tier threshold for significantly elevated BAC levels. When a driver’s BAC reaches a substantially higher level, penalties can increase, and that fact may also become relevant in a related injury claim.

Drivers under the age of 21 are held to a stricter standard. Ohio has a “prohibited concentration” rule for underage drivers, meaning they can face consequences at a much lower alcohol concentration than the adult 0.08 limit. The goal is to deter underage drinking and driving altogether.

Commercial drivers are also subject to stricter standards. Because of the safety risks associated with large vehicles, the allowable BAC threshold for commercial drivers operating a commercial vehicle is lower than the standard for non-commercial drivers.

It is important to understand that a criminal OVI case and a civil injury claim are separate matters. A driver can be considered legally impaired under Ohio law, but compensation for injuries still requires proving how that impairment caused the crash and resulting harm.

What to Expect During the Injury Claims Process

Following a drunk driving collision, certain steps must be completed before you can receive compensation. Any serious collision can lead to a police investigation. The final report can provide insight into the cause or causes of the collision. With the help of an attorney, you can gather critical evidence that shows who caused the collision and what types of harm you suffered as a result of the crash. 

Once sufficient evidence is gathered, your lawyer can negotiate with the at-fault driver’s insurance to secure a fair settlement. If they offer anything less than what you need to recover, your lawyer can make a counteroffer and take other steps to see that you receive a fair settlement. Your attorney can also explore the option of taking the claim to court. This extends the settlement timeline but can ultimately lead to a larger settlement. 

Civil court claims also lead to negotiated settlements. The court process could also lead to a trial, although those are generally rarely sought. During a trial, a judge or jury could decide who is at fault for causing an injury and what compensation is appropriate, given the facts presented in court. A trial could also lead to the awarding of punitive damages that aim to punish the negligent party for the harm they cause. 

Ohio’s Comparative Negligence Law and Its Impact

Even if you were partially at fault for a crash, you may still recover compensation in Ohio.

Under Ohio’s modified comparative negligence rule, you can file a claim if you were less than 51 percent at fault. Your award will be reduced based on your percentage of fault. For example, if you’re found 20 percent at fault and awarded $100,000, you could still receive $80,000.

In drunk driving cases, the impaired driver is usually found mostly at fault since it’s a severe, unjustifiable form of negligence. However, insurance companies may still try to pay you less than you deserve by arguing that you’re more at fault than you really are. Our attorneys know how to challenge these tactics and protect your rights.

Steps to Take After a Drunk Driving Accident in Ohio

Your actions after an accident with a drunk driver can affect the strength of your potential legal claim. Consider doing the following to protect your rights:

1. Call 911 and get medical help immediately.
2. Wait for law enforcement to arrive and file a police report.
3. Document the scene. Take photos, get witnesses’ contact information, and note anything unusual, such as signs of intoxication in the driver.
4. Don’t speak to the at-fault driver’s insurance company until you have an Ohio car accident lawyer on your side.
5. Contact a DUI lawyer for your next steps.

Choosing the Right Ohio Drunk Driving Accident Lawyer

Not every lawyer has experience with drunk driving accident cases, so look for a track record of success. A lawyer who regularly handles DUI-related injury cases will understand the relevant laws, what evidence to look for, and how to deal with insurance companies. They’ll also be prepared to approach any interference between your civil case and the criminal charges the driver might face.

Communication, availability, and compassion matter. You’ll want to feel comfortable asking questions about your options and reaching out whenever you have concerns as your case progresses. Drunk driving claims involve both legal and emotional challenges, and the right lawyer will know how to handle both.

At Gervelis Law Firm, you can find all of these qualities and more. We handle drunk driving cases with skill, empathy, and a relentless drive to seek justice for our clients. If you’re looking for a lawyer who gets results in drunk driving claims, we’re here and ready to help.

Our Experienced Ohio Drunk Driving Accident Lawyers

Our firm is led by a team of accomplished lawyers who are passionate about helping drunk driving victims seek accountability and closure. 

Mark Gervelis

Firm founder Mark S. Gervelis is a board-certified civil trial lawyer with over four decades of experience advocating for injury victims. He’s a member of several professional associations, including the Million Dollar Advocates Forum and Mahoning Trumbull Trial Lawyers.

David Tschantz

Since joining our firm in 2011, attorney Dave Tschantz has focused his practice on representing individuals injured in car accidents, truck accidents, and motorcycle accidents. He’s a lifelong Ohio resident and brings over a decade of civil litigation experience to cases involving serious injuries and wrongful death.

Why You Should Hire a Drunk Driving Accident Lawyer

Following a drunk driving crash, injured victims may be transported to the Cleveland Clinic, The Ohio State University Wexner Medical Center, University Hospitals Cleveland Medical Center, or elsewhere for urgent treatment. Even when it is abundantly clear who caused a collision, the process of obtaining compensation can be anything but easy. Drunk driving incidents are more common than you may think. 

• In 2025, law enforcement made 50,947 stops for suspected DUI cases. 
• Those stops led to 34,889 warnings and 1,864 arrests. 
• Across the state, 32.2 percent of roadway deaths are attributed to drunk driving. 

Statistics don’t prove fault in a specific case, but they show why evidence and fast action matter.

When you hire a drunk driving accident lawyer, you benefit from your attorney’s understanding of drunk driving accident laws and how they could shape the outcome of your drunk driving accident claim. Beyond establishing fault and liability, your Ohio drunk driving accident attorney can manage negotiations with the insurance carrier so they do not downplay the harm you suffered. 

Whether your compensation results from negotiations or litigation, an Ohio drunk driving accident lawyer can keep the process focused on the harm you suffered and your right to fair compensation. 

FAQs

Q: How Does a Drunk Driving Conviction Affect an Injury Claim in Ohio?

A: The outcome of a criminal case does not have a direct impact on a related civil claim. The burden of proof for crimes is higher than the preponderance of evidence standard that is used to resolve civil claims. A criminal investigation can lead to evidence that could support your civil claim, although the outcome of your case is not tied directly to the criminal charge. 

Q: Is Ohio a Fault or No-Fault State for Car Accidents?

A: Ohio is a fault-based state for car accidents. This means that anyone who is hurt in a collision can pursue compensation from the negligent driver. This is typically done through negotiations with the at-fault driver’s insurance policy. The burden of proof falls on the claimant, who must show that the drunk driver caused the collision. Proving measurable harm also requires evidence and medical documentation. 

Q: Can I Recover Compensation If the Drunk Driver Was Not Criminally Convicted?

A: Yes. A criminal conviction is not required for you to pursue compensation after a drunk driving accident. Criminal cases and civil injury claims are separate matters with different standards of proof. In a criminal case, the state must prove guilt beyond a reasonable doubt. In a civil case, you must show by a preponderance of the evidence that the driver’s negligence caused your injuries.

Q: Who Can Be Held Financially Responsible After a Drunk Driving Accident?

A: The intoxicated driver may be held financially responsible for the harm caused. In some cases, additional parties may also share liability. For example, a bar or restaurant that overserved a visibly intoxicated person may face potential liability under Ohio’s dram shop laws. Employers may be responsible if the impaired driver was working at the time of the crash.

Contact an Experienced Drunk Driving Accident Attorney at Gervelis Law Firm Today

Someone else’s decision to drive drunk can turn your life upside down in an instant. Let our trusted legal team help you get back on your feet. 

If a drunk driver injured you or someone you love, we are ready to pursue the full amount of compensation you deserve. Contact us online or call 330-533-6565 today to schedule a free consultation.