If you were injured while riding with a drunk driver, you may be unsure of your legal options. In Ohio, passengers involved in crashes caused by impaired drivers have the right to pursue personal injury claims. This holds true even when the injured party was in the same vehicle as the intoxicated driver.
Passengers retain the right to compensation
Passengers are not responsible for the operation of a vehicle or the decision to drive under the influence. Ohio law allows injured passengers to seek compensation from the at-fault driver, regardless of their personal relationship. Courts primarily assess the actions of the impaired driver when determining liability, not your connection to them.
Comparative fault may impact your claim
Ohio applies a modified comparative negligence standard. If you bear some responsibility—such as knowingly entering a car with a visibly intoxicated driver—your compensation may be reduced by your percentage of fault. However, as long as your level of fault remains under 51%, you may still recover damages.
Multiple parties could be liable
You may be entitled to pursue claims against more than just the impaired driver. If another driver contributed to the accident, you could seek compensation from their insurance as well. Additionally, Ohio’s dram shop law permits claims against establishments that served alcohol to visibly intoxicated individuals. These additional avenues may increase your potential compensation.
Ohio law generally allows two years from the date of the crash to file a personal injury claim. Delaying legal action can make it more difficult to gather key evidence and may weaken your case. Prompt action protects your rights and improves the likelihood of a favorable outcome.