Reckless Conduct by Drunk Driver Leads to Larger Settlement
Written by Jay M. Kelley III in Accident & Injury on February 4, 2014
Ohio attorney Kevin Lenson describes how the law is helping those injured by drunk drivers and why their victims are entitled to more in compensation.
Many times personal injury accidents are caused by an honest mistake. While the person who caused the accident may be negligent, their actions are typically without malicious or reckless intent.
However, when an injury is caused by a drunk driver, the accident can be devastating and wrought with emotion as you wonder why someone would cause so much harm.
In Ohio, drunk driving is considered reckless conduct, which is a legal concept on which many personal injury claims are based. Reckless conduct occurs when the other party knew or should have known that their actions had the possibility to cause harm.
In cases involving reckless conduct, the offending party may be responsible not only for the accident, but also for the manner in which they behaved. The amount of money paid by the person who harmed you can be drastically increased. In addition to paying economic damages such as repair bills and medical expenses, they may also be required to pay punitive damages, designed to punish the offender and deter other people from committing such an act in the future.
Punitive damages can reach extraordinary amounts. The hope is to send a strong message to society that certain behaviors (such as drunk driving) will not be tolerated. If you think your case involved reckless conduct, you need an experienced personal injury attorney who understands these concepts and can bring forth a lawsuit in which you are fully compensated for the harm you have suffered.
To learn more about personal injury law, I encourage you to watch the video above and to explore our educational website at elkandelk.com. If you have legal questions, please call us at 1-800-ELK-OHIO. I welcome your call.
Jay M. Kelly III - Managing Partner
Meet Jay M. Kelley III, a top medical malpractice attorney in Ohio with over 25 years of experience and $200 million in verdicts and settlements. He leads Elk + Elk’s litigation strategy in state and federal courts and has a unique background as a former felony prosecutor and hospital defense lawyer. Jay specializes in complex cases, including birth injuries and wrongful death, and is recognized by Best Lawyers and ranked among the Super Lawyers Top 10 in Ohio.
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