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drunkdriving.jpg (35502 bytes) Tragically, many motor vehicle and pedestrian accidents involve a drunk driver. In these instances, there are specific issues to consider when seeking legal representation. First and foremost, you should seek an attorney who has experience in dealing with drunk driving cases.

Not only should you ask whether the lawyer is willing to represent you in your civil suit, but also whether the attorney is willing to help you in the criminal prosecution of the drunk driver. For instance, will the attorney schedule a meeting with the prosecutor so that you can find out what is going on in the criminal case?

Drunk driving is a serious offense which carries with it severe penalties, especially if someone is hurt. Aggravated vehicular assault -- a felony -- is punishable by one to five years in prison and a $2,500 fine. Repeat OMVI offenders can be fined up to $10,000, imprisoned up to one year, and lose their driving privileges for life.

You have the right to attend any criminal proceedings. At that time, you may wish to communicate important information to the Court.

Tell the prosecutor that you want the drunk driver held fully accountable for his conduct and that you are opposed to any plea bargaining proposals.

Tell the prosecutor that you want to be kept informed of any trial or pretrial dates in the criminal case.

Bruges hotel roomsTell the judge how the drunk driver has hurt you and your family.

Tell the judge that you want the drunk driver to pay you any money you have lost as a result of the crash.

Ask the judge to seize the drunk driver's license plates and to immobilize or confiscate the car, particularly if the drunk driver is a repeat offender.

In addition to damages you may recover when involved in a motor vehicle collision, there may be additional damages available in a case involving drunk driving. Sometimes the victim of a drunk driver may recover damages against the person who provided or sold alcohol to the drunk driver. In order to do this, you must prove that such person knew that the drunk driver was under the age of 21, or was intoxicated at the time of the sale. You must also prove that the driver's intoxication was a cause of the death or injury.

Damages may be recovered against parents who provide alcohol to a child under the age of 21 if that child injures or kills another person in a motor vehicle crash.

If the drunk driver has no automobile insurance or inadequate insurance, you may be entitled to make a claim against your own insurance company. You should not hesitate to do this.

CPR&S

The law firm of Clark, Perdue, Roberts & Scott has extensive experience handling claims involving drunk drivers, and handling personal injury and wrongful death claims as a result of a motor vehicle collision. There is never a charge for an initial consultation -- in your home or at the hospital, if necessary.

If requested we will meet with you, explain your legal rights and make suggestions for immediate action on your claim. Naturally, you are under no obligation to retain our law firm at the initial conference.

Questions To Ask

When considering hiring a lawyer to represent you in a claim against a drunk driver, there are very specific questions you should ask to evaluate the lawyer's experience with this type of case. It is important to know how many victims of drunk driving the attorney has represented in the last two years and how many of these cases the attorney has taken to trial. It is also important to consider whether the attorney is willing to seek damages against the establishment who served liquor to the drunk driver. You might want to ask how many times the lawyer has successfully made such claims.

For a list of other questions you should ask before hiring a lawyer, click here.

Other Links

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Mother's Against Drunk Driving -Ohio Chapter



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Clark, Perdue, Roberts & Scott., L.P.A.    (800) 647-7003
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471 East Broad Street, Suite 1400 Columbus, Ohio 43215
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