Whether you are run down in a crosswalk while crossing the street, mauled by the neighbor’s dog, or rear-ended by a tractor-trailer, you might suffer debilitating injuries. Some injury victims are tempted to personally negotiate their legal claim for financial compensation with the at-fault party’s insurance company only to realize they have made a grave mistake after receiving a lowball settlement or no recovery at all. An insurance adjuster will salivate at the prospect of taking on a self-represented party because this is akin to a little league baseball player trying to face a major league pitcher. Our experienced Oklahoma Personal Injury Attorneys at Carr & Carr, Attorneys at Law, have provided an overview of ways that a skilled and experienced lawyer can add value to your case. Continue reading “Why You Need a Personal Injury Attorney from Carr and Carr Injury Attorneys”
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What Are Punitive Damages?
In both Oklahoma, there are generally two categories of damages: compensatory and punitive. Compensatory damages are designed to compensate the injured person for things such as medical bills, lost wages, and pain and suffering. Punitive damages are different. Continue reading “What Are Punitive Damages?”
Bedsores In Nursing Homes Don’t “Just Happen”
Sometimes a loved one can sustain a bed sore, also known as a pressure sore, in a nursing home or assisted living center. A bedsore is not something that just happens because of old age. Instead, it is a sign of neglect by the nursing home staff. Bed sores typically occur when a patient has been lying in a bed or sitting in a wheelchair for too long of a time without being moved or rotated. Continue reading “Bedsores In Nursing Homes Don’t “Just Happen””
$1.5 Million Settlement Reached In Case After Liquor Store Sold Alcohol To Minor Who Died
Tulsa, OK – A civil lawsuit against a liquor store which sold alcohol to a minor who died in a car wreck recently settled on the second day of trial with $1.5 million going to the teenage victim’s family. Continue reading “$1.5 Million Settlement Reached In Case After Liquor Store Sold Alcohol To Minor Who Died”
Danger Alert: Exploding E-Cigarettes
There have been an alarming number of reports recently of electronic cigarettes, also known as e-cigarettes and vapors, exploding and causing serious injuries and burns. Although the Food and Drug Administration regulates e-cigarettes marketed for therapeutic purposes, it does not regulate all e-cigarettes or accessories of e-cigarettes, including batteries. Continue reading “Danger Alert: Exploding E-Cigarettes”
I was injured without my seatbelt on. Do I still have a case?
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?”
Tulsa County Jury Awards $2 Million Verdict To Family Of Child Injured At Day Care Center
Thanks to Tulsa World for covering this important verdict. The safety of children should be the number one priority of day cares. Continue reading “Tulsa County Jury Awards $2 Million Verdict To Family Of Child Injured At Day Care Center”
Can My Insurance Company Refuse To Pay My Claim in Oklahoma?
Your insurance company is not supposed to refuse to pay a valid and properly documented claim. If your company refuses to pay your claim, you have options available to you to protect your family and home. Continue reading “Can My Insurance Company Refuse To Pay My Claim in Oklahoma?”
Amusement Park Rides Not Always Safe Place For Family Fun
Summer fun means amusement parks for many families. Whether it’s a at local water park, a traveling carnival in a rural community, or a thrill ride at a vacation destination theme park, you expect the ride to be safe. Unfortunately, that’s not always the case. When safety rules are not followed, innocent people get hurt. Continue reading “Amusement Park Rides Not Always Safe Place For Family Fun”
Insurance Denial For Tornado Damage Might Be Bad Faith Claim
Homeowners whose houses were destroyed by the recent tornadoes in the Oklahoma City area may be having problems with their insurance providers, especially if the insurance carrier is Allstate. According to a story in Crain’s Chicago Business, under a program launched in October 2011, Allstate will pay only the actual cash value of a roof that needs to be replaced if the roof is more than 10 years old. Basically, if a homeowner with Allstate insurance needs a new roof — which very likely includes the majority of the homes recently damaged — they will have to cover the cost above the depreciated value of the roof under the House & Home program. Continue reading “Insurance Denial For Tornado Damage Might Be Bad Faith Claim”
Can I Get A Rental Car After An Accident?
Getting a rental car after you have been in an accident can certainly make a complicated time after a car crash less difficult for you and your family.
Whether you need to get to doctor appointments, physical therapy, work if you are able, or take children to school, having a rental car makes these things easier. At Carr & Carr Attorneys at Law, we can assist you with this sometimes-complicated process.
Continue reading “Can I Get A Rental Car After An Accident?”Carr & Carr Employees Share Spirit Of Giving With 11 Local Nonprofit Groups
As we have done for the past several years, Carr & Carr has treated its employees from both offices to a yummy lunch at Five Oaks Lodge just outside of Jenks. We play games and try to win prize money but the cash is not for ourselves; the prize money is donated to local non-profit groups. Each employee who wins one of the games gets to select the organization to receive their winning money. Continue reading “Carr & Carr Employees Share Spirit Of Giving With 11 Local Nonprofit Groups”
What Is A Statute Of Limitations?
If you have been injured in a car wreck or other manner due to someone else’s negligence, you need to be aware of the statue of limitations and how it can impact your case. A statute of limitations is the time limit which you have to file a lawsuit. Continue reading “What Is A Statute Of Limitations?”
Tire Defects Can Cause Rollovers, Wrecks, Injuries And Death
Defective tires can cause major problems for drivers — loss of control of your vehicle which can lead to a wreck, resulting in injury or death. A blowout or shredded tire on a car or truck can quickly cause a rollover accident, frequently at highway speeds. Continue reading “Tire Defects Can Cause Rollovers, Wrecks, Injuries And Death”
Airbag Accident Attorneys in Oklahoma
Airbag Injuries Can Be Caused By Defective Parts, Installation, Design, And More
Airbags in cars and trucks are designed to protect drivers and their passengers during a wreck. However, sometimes, they malfunction. As airbag injury attorneys, we have worked with clients whose airbags failed to deploy during a crash, and with people whose airbags deployed at improper times. Either way, defective airbags can severely injury innocent people. Injuries can be caused by inferior airbag parts, poor installation, faulty design or other factors. Continue reading “Airbag Accident Attorneys in Oklahoma”
Beware Of The First Offer From Insurance Companies
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”
ATV Accidents
Every year, thousands of people are injured in the United States from accidents on all-terrain-vehicles (ATV), also known as four-wheelers and riding quads. While some of those accidents can be attributed to driver error, there are instances where the accident is caused by a defect in the ATV. Continue reading “ATV Accidents”
What’s A Fair Settlement Offer From An Insurance Company?
If you have been injured in an accident, such as a car accident, that wasn’t your fault, an insurance adjuster may contact you as soon as a few days after the accident. Typically, the adjuster will want to settle your claim before you’ve had a chance to contact an attorney. Almost always, the insurance company will offer you an amount of money that does not fairly compensate you for your medical bills, possible future medical bills and pain and suffering. While it may seem tempting to go ahead and settle early, it’s risky to do so because you do not know the full extent of your injuries so soon after the accident. Continue reading “What’s A Fair Settlement Offer From An Insurance Company?”
Are Bars And Restaurants Liable For Damages Caused By Drunk Drivers?
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.
Oklahoma Dram Shop Law and How It Applies to Your Car Accident Claim
Oklahoma law allows drunk driving victims to hold alcohol vendors accountable when negligent alcohol service contributes to a crash. These laws exist to protect the public and encourage responsible alcohol sales.
The Legal Basis for Bar Liability in Oklahoma
Under Oklahoma Statutes Title 37A, Section 6-121, it is a criminal offense to knowingly sell, furnish, or give alcoholic beverages to an intoxicated person. The Oklahoma Supreme Court recognized civil liability based on this statute in Brigance v. Velvet Dove Restaurant, Inc. (1986), establishing that alcohol vendors may be financially responsible for damages caused by patrons they overserved.
This landmark case established that bars and restaurants may be held responsible when they ignore clear signs of intoxication and continue serving customers who later cause harm. The court found that alcohol vendors have a duty to avoid serving visibly intoxicated patrons, and breaching that duty may result in liability for foreseeable injuries.
Who May Be Held Liable Under Oklahoma Dram Shop Law
Oklahoma’s dram shop law applies to various parties involved in alcohol sales. Multiple defendants may share responsibility for injuries caused by a drunk driver:
- Bars and restaurants that serve alcohol for on-premises consumption
- Individual bartenders and servers who knowingly served an intoxicated patron
- Liquor stores and convenience stores that sell alcohol for off-premises consumption to visibly intoxicated customers
- Property owners who knowingly furnish alcohol to minors or actively permit alcohol to be provided to minors under circumstances creating foreseeable harm
Each of these parties may carry insurance that provides additional sources of compensation beyond the drunk driver’s own policy. An Oklahoma car accident lawyer may help determine which parties bear responsibility in your specific situation.
How Oklahoma Law Expands Liability for Off Premises Alcohol Sales
In Boyd v. ASAP Energy, Inc. (2017), the Oklahoma Supreme Court expanded dram shop liability to include situations involving off-premises alcohol sales. This ruling means that liquor stores and convenience stores may face liability if they sell alcohol to someone who shows visible signs of intoxication and that person later causes a crash.
This expansion recognizes that the dangers of overserving extend beyond traditional bar settings. Retailers who sell alcohol have the same responsibility to refuse service to visibly intoxicated customers as bartenders and servers.
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
How do I prove a bar overserved the drunk driver who hit me?
Proving overservice requires evidence that the patron showed visible signs of intoxication when the bar continued serving them. This may include surveillance footage, witness testimony, bar tabs showing excessive consumption, and blood alcohol test results from after the crash. An Oklahoma car accident lawyer may subpoena records and interview witnesses to build your case.
May I sue both the drunk driver and the bar that served them?
Yes. Oklahoma law allows injury victims to pursue claims against multiple defendants who share responsibility for their injuries. You may file claims against the drunk driver for causing the crash and against the bar or restaurant for negligently overserving them. Each defendant may carry insurance that provides additional sources of compensation.
What if the drunk driver bought alcohol at a liquor store instead of a bar?
The Oklahoma Supreme Court expanded dram shop liability to include off-premises sales in Boyd v. ASAP Energy, Inc. (2017). Liquor stores and convenience stores may face liability if they sell alcohol to someone showing visible signs of intoxication. However, these cases may be more challenging to prove because the interaction between seller and buyer is typically shorter than at a bar.
How long do I have to file a dram shop claim in Oklahoma?
Oklahoma’s two-year statute of limitations applies to dram shop claims. You generally have two years from the date of the accident to file a lawsuit against both the drunk driver and any alcohol vendors who contributed to the crash. Acting quickly preserves evidence and protects your right to seek compensation.
Does it matter if the drunk driver was under 21?
Yes. Oklahoma law strictly prohibits selling or furnishing alcohol to anyone under 21. If a bar or liquor store served alcohol to an underage driver who caused your crash, liability may be easier to establish. Furnishing alcohol to a minor violates Oklahoma law and may support a civil claim when that conduct contributes to an accident.
Speak With an Oklahoma Car Accident Lawyer to Hold Every Responsible Party Accountable
Oklahoma Defective Product Lawyer
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.
What If I’m In A Car Wreck In A Rental Car in Oklahoma?
Being in a car wreck is never an easy situation and being in a rental car crash is even more complicated.
Continue reading “What If I’m In A Car Wreck In A Rental Car in Oklahoma?”
