Fortunately, about 85% of drivers routinely wear seatbelts.  However, there are still many drivers who don’t wear seatbelts sometimes.  If you are in a car wreck, not having  a seatbelt on can cause you to be more injured than if you were wearing one.  Many people hurt in car wrecks that don’t have their seatbelts on wonder if they still have a case.  In other words, does not having a seatbelt on prevent you from obtaining compensation for your injuries? The answer is No.   We can still help you obtain compensation for your injuries, any lost wages and pain and suffering. Continue reading “I was injured without my seatbelt on. Do I still have a case?”

Let’s say you’ve been in a car wreck which wasn’t your fault. Within a couple of days, you likely will get a phone call from the at-fault person’s insurance company. The insurance representative wants to “help” by offering you some fast money right away. Continue reading “Beware Of The First Offer From Insurance Companies”

The drunk driver who hit you might not be the only party responsible for your injuries. Oklahoma law may hold bars, restaurants, and other alcohol vendors accountable when they serve visibly intoxicated customers who later cause serious car accidents.

An Oklahoma drunk driving accident lawyer may help you identify all liable parties and pursue compensation from multiple sources. If a drunk driver injured you or someone you love, contact Carr & Carr Injury Attorneys today for a free consultation to explore your legal options.

Key Takeaways About Bar Liability for Drunk Driving Accidents in Oklahoma

• Oklahoma courts recognize dram shop liability, which allows injured victims to seek compensation from bars and restaurants that overserve visibly intoxicated patrons.
• Oklahoma law makes it a crime for alcohol vendors to knowingly provide alcohol to an intoxicated person.
• You may pursue claims against both the drunk driver and the establishment that overserved them, potentially increasing the total compensation available for your injuries.
• Oklahoma’s two-year statute of limitations applies to dram shop claims, making early legal action valuable for preserving evidence and protecting your rights.
• The Oklahoma Supreme Court first recognized dram shop liability in 1986 and has expanded its application to include off-premises alcohol sales in certain circumstances.

Proving a Dram Shop Claim After an Oklahoma Drunk Driving Crash

To win a dram shop case, you must show that the alcohol vendor’s negligent service directly caused your injuries. These cases demand thorough investigation and compelling evidence.

Legal Elements Required to Prove an Oklahoma Dram Shop Claim

Successful dram shop claims in Oklahoma require proving several connected facts. Your Oklahoma car accident lawyer must demonstrate that:

• The alcohol vendor had a legal duty not to serve visibly intoxicated patrons
• The vendor breached that duty by serving the patron despite obvious signs of intoxication
• The breach directly caused the drunk driving accident
• You suffered measurable damages as a result of the crash

Meeting this burden of proof requires evidence showing the patron appeared intoxicated at the time of service. Slurred speech, unsteady balance, bloodshot eyes, and loud or disruptive behavior all indicate visible intoxication that a reasonable server would recognize.

Gathering Evidence to Support Your Claim

Strong dram shop cases rely on clear evidence showing that the patron was visibly intoxicated when the alcohol was served. The types of evidence that may strengthen your claim include:

• Bar tabs and receipts showing how much alcohol the patron purchased and consumed
• Surveillance video from the establishment showing the patron’s behavior and condition
• Witness testimony from other patrons or employees who observed signs of intoxication
• Blood alcohol test results from the drunk driver following the crash
• Credit card records establishing a timeline of alcohol purchases

Time works against injury victims in these cases. Surveillance footage gets deleted, witnesses forget details, and establishments may destroy records. Acting quickly to preserve evidence gives your claim the strongest possible foundation.

Compensation Available in Oklahoma Drunk Driving and Dram Shop Cases

Victims of drunk driving crashes may seek compensation for the full range of losses caused by the accident. Pursuing claims against both the drunk driver and the establishment that overserved them may provide access to greater financial recovery.

Recovering Medical Costs and Lost Income After a Drunk Driving Crash

Drunk driving crashes often cause severe injuries that require extensive medical treatment. You may seek compensation for emergency room visits, hospitalization, surgery, medication, physical therapy, and ongoing care. If your injuries prevent you from working, you may also recover lost wages and reduced future earning capacity.

Pain, Suffering, and Emotional Trauma

Beyond financial losses, drunk driving accidents cause tremendous physical and emotional suffering. Oklahoma law allows injury victims to seek compensation for physical pain, emotional distress, anxiety, depression, and loss of enjoyment of life. These non-economic damages recognize that the true cost of an injury extends far beyond medical bills.

When Punitive Damages May Apply

In cases involving particularly reckless conduct, Oklahoma law permits punitive damages. These additional awards punish wrongdoers and deter similar behavior. In limited cases, a bar that repeatedly overserves patrons despite prior incidents may face punitive damage claims if clear and convincing evidence shows reckless disregard for public safety.

Statute of Limitations for Oklahoma Dram Shop Claims

Oklahoma law imposes strict deadlines for filing drunk driving and dram shop claims. Under Oklahoma Statutes Title 12, Section 95, you generally have two years from the date of the accident to file a personal injury lawsuit.

This deadline applies to claims against both the drunk driver and the alcohol vendor. Missing the filing deadline typically results in losing your right to seek compensation through the courts. Evidence also deteriorates over time, making early action valuable for building the strongest possible case.

Dram shop claims require investigating the drunk driver’s activities before the crash, which takes time. Contacting an Oklahoma car accident lawyer promptly allows for thorough investigation while evidence remains available.

How Carr & Carr Helps Oklahoma Car Accident Victims Pursue Dram Shop Claims

Since 1973, Carr & Carr Injury Attorneys has represented Oklahoma families affected by drunk driving crashes. The firm understands that identifying all responsible parties may significantly affect the compensation available to injury victims. With offices in Oklahoma City and Tulsa, Carr & Carr serves clients throughout Oklahoma who have suffered harm due to negligent alcohol service.

How Attorneys Investigate Where a Drunk Driver Was Overserved

Building a successful dram shop claim requires proving that a bar or restaurant served alcohol to someone who was already visibly intoxicated. Carr & Carr investigates where the drunk driver consumed alcohol before the crash by reviewing credit card receipts, bar tabs, surveillance footage, and witness statements. This evidence may establish that the establishment knew or had reason to know the patron was intoxicated.

Identifying Every Liable Party After an Oklahoma Drunk Driving Crash

Drunk driving accidents may involve multiple responsible parties. Carr & Carr works to identify every party who may share responsibility for your injuries. This may include the drunk driver, the bar or restaurant that overserved alcohol, and in some cases, liquor stores that sold alcohol to visibly intoxicated customers.

Handling the Legal Challenges of Oklahoma Dram Shop Litigation

Dram shop cases present unique legal challenges that require specific knowledge of Oklahoma alcohol liability laws. Carr & Carr handles all aspects of your claim, from gathering evidence to negotiating with insurance companies and taking cases to trial when necessary. The firm works on a contingency fee basis, meaning you pay nothing unless they recover compensation on your behalf.

FAQs for Oklahoma Car Accident Lawyers

Speak With an Oklahoma Car Accident Lawyer to Hold Every Responsible Party Accountable

When a drunk driver crashes into your vehicle, you may face serious injuries, medical expenses, and questions about what comes next. In some cases, a bar or restaurant that continued serving alcohol to a visibly intoxicated patron may share responsibility for the crash. 

Oklahoma law allows an injured person to pursue compensation from every party whose negligence contributed to the accident. An experienced Oklahoma car accident lawyer can review the facts of your case and determine who may be held liable.

Carr & Carr Injury Attorneys stands ready to investigate your case, identify all liable parties, and pursue the full compensation you need to move forward. Contact us today for your free and confidential consultation.

Get a Free Consultation Now

After a car accident, the absence of pain does not mean the absence of injury. The force of a collision can strain the neck and spine, jolt the brain, and damage internal tissue, while adrenaline temporarily dulls warning signs. 

Many Oklahoma drivers leave an accident believing they are unhurt, only to develop headaches, neck stiffness, dizziness, or other symptoms days later. Injuries such as whiplash, concussions, and internal bleeding often surface after the initial shock fades.

Continue reading “Should I See A Doctor After A Car Wreck?”

Tye Smith of our Oklahoma City office began a trial on June 23, 2009, before the District Court in Tulsa County.  Both parties agreed to have the assigned judge make the ruling, instead of a jury.  Our client had chronic complaints of neck pain following a rear end collision where the investigating officer estimated the damage to our client’s vehicle at $100, and the front of the other vehicle at $50.  The other driver claimed our client was not hurt and that all of the x-rays and MRIs were normal.  Our client’s doctors responded that she had damage to the facet joints in her neck and had also developed a rare disorder called Complex Regional Pain Syndrome as a result of her neck injury. Continue reading “$1M for Client Hurt in ‘Minimal Damage,’ Rear-end Collision”

If you were injured in an Oklahoma traffic crash in which multiple drivers share fault, you may encounter the phrase “comparative negligence” (also known as “comparative fault”).

In this post, the Oklahoma personal injury lawyers at Carr & Carr Attorneys at Law discuss comparative fault and how it impacts injury victims’ ability to recover compensation for medical expenses and other damages after a wreck.

What is Comparative Negligence?

Comparative negligence is a legal principle that many states—including Oklahoma—apply when more than one driver is responsible for a motor vehicle accident.

Under comparative negligence laws, a percentage of liability is assigned to each driver deemed at fault for a crash. Each individual involved could be awarded damages based on the other drivers’ levels of liability.

For example, consider a collision at an intersection between two cars. Driver A runs a stop sign and T-bones a car operated by Driver B, who had the legal right-of-way but was speeding. In this case, Driver A may be found 80 percent at fault and Driver B assigned 20 percent fault. If Driver B was injured and suffered $100,000 in damages, Driver B could collect $80,000 from Driver A’s insurance provider with the remaining $20,000 covered by his or her own insurance company.

Oklahoma’s 50-Percent Rule

Oklahoma’s comparative negligence statute includes a so-called “50-percent rule.”

In Oklahoma, the ability to pursue damages under comparative negligence applies when a crash victim is 49 percent or less liable for the accident. If a crash victim is at least 50 percent liable for the wreck, he or she can’t seek compensation from other at-fault parties.

If Driver A in the example above had also suffered injuries in the crash, he or she would not have been eligible to recover damages from Driver B under Oklahoma’s 50-percent rule. It’s important to note that not all states with comparative negligence laws also adhere to the 50-percent rule.

Establishing Negligence in an Oklahoma Car Crash

Negligence is the failure to act with reasonable care. When assessing negligence, law enforcement and the courts consider whether an individual’s actions created an unreasonable risk of harm to others, and whether the individual attempted to eliminate or reduce that risk.

A driver can be deemed negligent for something he or she should not have done, such as running a red light or speeding. A driver may also be negligent for failing to do something he or she should have done, such as stopping for a pedestrian at a crosswalk or using headlights while driving at night.

When it comes to injury-related legal claims, there are four key factors that must generally be proven to establish negligence:

• The defendant had a legal obligation to the plaintiff
• The defendant breached that obligation
• The plaintiff suffered an injury and/or other damages
• The defendant’s breach of legal obligation caused the injury and/or other damages

Consider the above example again. Driver A had a legal obligation to Driver B to stop and yield the right-of-way. Driver A breached that duty by proceeding into the intersection without stopping. Driver B was injured, and those injuries were the result of Driver A’s negligence.

Establishing negligence after a car crash is important in determining the amount of damages you receive. However, there are many factors that can ultimately affect your share of liability. These factors can include police reports from the scene of the accident, witness accounts from others who saw the accident take place, and input from insurance adjusters.

How an Experienced Car Accident Lawyer Can Help

When multiple parties are responsible for a crash, insurance providers often attempt to shift the levels of responsibility in an effort to reduce the amount of money they pay out. This can prevent injury victims from getting the compensation they truly need to recover.

If you were hurt in an accident that was caused at least in part by another driver’s negligence, it’s a good idea to discuss your case with an experienced attorney. The Oklahoma personal injury lawyers at Carr & Carr understand that initial insurance company settlement offers are rarely enough to cover injury victims’ long-term needs.

Our attorneys can investigate your case and gather evidence to fairly assess negligence, guide you through the claims process, and negotiate with the insurance companies or their legal counsel to achieve a just settlement. We offer free consultations to help you understand your options, and we don’t charge for our services unless we collect compensation on your behalf.

If you were hurt in an accident that was caused by a negligent driver, please call us today at 866-510-0580 or contact us online. Carr & Carr has offices in Tulsa and Oklahoma City, but we’re proud to represent injury victims statewide.

A large portion of our clients come to us after suffering the effects of automobile accidents. Even low-speed collisions can cause tremendous pain and suffer from head and neck trauma. Often this pain lingers for months or even years.

Continue reading “Common Oklahoma Car Accident Injuries”