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Who is Liable for a Drunk Driving Accident?

who is liable for a drunk driving accident?

While it may seem obvious that the person who got behind the wheel while intoxicated is responsible (and therefore liable) for a drunk driving accident, the answer is actually much more complicated.

If you get into an accident with someone who you suspect had been drinking, it is vitally important that you contact an experienced drunk driving accident lawyer. Time is of the essence while gathering crucial information that can help your case!

A drunk driving accident lawyer can review the details of your accident and resulting damages to identify all liable parties. This may include a bar, restaurant or convenience store that the driver recently visited. It may include the host of a party that the driver went to. These other parties may be held partially responsible for a drunk driving accident due to a set of Ohio laws known as 'Dram Shop Laws'.

Ohio is one of several states that allow civil injury lawsuits to be filed against businesses or social hosts who serve alcohol to someone who goes on to cause an alcohol-related accident. But like many states, Ohio limits the circumstances under which these kinds of claims can be filed.

Bartenders and servers have a responsibility to monitor the drunkenness of patrons who consume alcohol at their establishments. If a bartender, server or host over-serves an already intoxicated person, they may be held partially liable for any damage or injury caused by that person.

This typically means that an establishment that serves alcohol may be found at least partially liable for an alcohol-related 'drunk driving' accident. This can, however, also include ANY criminal injury caused by an over-served person, including sexual assault, assault, battery, intimidation, etc.

There are several conditions that must be met for the alcohol license-holder to be held partially liable:

  • The injury occurred on the liquor license holder's property/premises AND
  • The injuries were caused at least in part by the liquor license holder or their employee (ie. over-serving an obviously intoxicated person, contrary to State liquor laws)

OR:

  • The injury or death was caused by an intoxicated person's intentional malice or negligence
  • The injury or death happened off the liquor license holder's premises AND
  • The liquor license holder knowingly sold an alcoholic beverage to a visibly intoxicated person or someone who is underage.

A social host (someone who does not charge money for alcoholic beverages or admission) can also be found liable for a drunk driving accident if they provided alcohol to someone who is underage, and that person then goes on to injure someone else.

Understanding whether or not your personal injury case fits these conditions can be confusing. This is why you should ALWAYS consult with an experienced drunk driving accident attorney.

If you were injured or a loved one was killed by a drunk driver, contact the compassionate, aggressive drunk driving accident lawyers at Cowan & Hilgeman. Our consultation is free and there is no obligation to hire us. You won't pay us a penny unless we win your case. Call (937) 222-2030 today to schedule your free consultation.

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5-Star Reviews
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Augustin Ruhorimbere profile picture
Augustin Ruhorimbere
11 days ago
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I sincerely appreciate the whole Team and Jack and Michelle for your dedication, professionalism, and support throughout these difficult situations. Your hard work and commitment have made a meaningful difference to my family and I am truly grateful for everything you did God bless you.
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Abigail Arnett profile picture
Abigail Arnett
65 days ago
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I first reached out 2 months after a car accident where the other party involved did not have insurance. She presented expired insurance to which the police department did nothing about. I was not in the wrong, and I was taken by ambulance after due to injury. I was worried due to the other party not having insurance, and medical bills hitting an all time high. I reached out to Jack and was immediately welcomed and felt like I was being taken care of from the start. I stated my concerns and we reached a conclusion which then started my case. I was spoken to clearly and felt genuinely cared for. Despite all the other lawyers reaching out to me after my accident, I chose to go with Cowan and Hilgeman due to the firms sincerity as well as being taken care of from the very beginning. I am very thankful to everyone I worked/talked with over the past year, and I am grateful we were able to sort everything out. I cannot begin to thank Jack for taking care of me and checking in throughout the case.
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Alisa and William Hurtle profile picture
Alisa and William Hurtle
79 days ago
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Jack Hilgeman and the team at Cowan & Hilgeman were great to work with after my car accident. Jack jumped on my case last minute, right when I was up against a deadline and had just gotten a pretty disappointing offer from the insurance company. From there he walked me through everything — the paperwork, negotiations, mediation, all the way to getting it settled — and always kept me in the loop on what was going on. When the insurance company tried to lowball part of my claim, Jack pushed back and fought to get me a fair result. Dawn was also great to work with — she called regularly to keep me updated and on track, and she was really the face of the firm for me throughout the process. Everyone there was quick to respond and patient with all my questions. Really happy with how everything turned out — highly recommend Jack and his team.
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Jennifer Born Rachek profile picture
Jennifer Born Rachek
218 days ago
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I reached out with some concerns about potential snow and ice injuries on our business property, and I’m so glad I did. My questions were answered clearly and thoroughly, which really put my mind at ease. I also appreciated how welcoming they were to any follow-up questions—it never felt like I was being a bother. I wouldn’t hesitate to reach out again for professional guidance in the future.
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Angie Seraphinoff profile picture
Angie Seraphinoff
221 days ago
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Jack Hilgeman was knowledgeable, responsive, and easy to communicate with throughout the process. He clearly cares about his clients and took the time to thoroughly answer all of my questions. I would highly recommend working with him!
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Barbara Garcia profile picture
Barbara Garcia
222 days ago
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Great communication and explanation to my questions. Appreciate the details and hearing directly from Mr.Hilgerman on the voice memo. Thank you!
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Jess R profile picture
Jess R
225 days ago
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Great advice, very helpful in all of my needs! Highly recommend!
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lynn berry
226 days ago
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Very satisfied and they worked hard for me and did an exercise job!
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McCall Gorbach Foster profile picture
McCall Gorbach Foster
227 days ago
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Mr. Hilgeman provides clear and thoughtful insight, delivered with professionalism and warmth.
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Robert Apfelbeck profile picture
Robert Apfelbeck
228 days ago
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Great lawyer response time very fast and very good at what he does jack hilgeman will be my next lawyer if i ever need another one thank you to cowen &hilgeman


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