The roads we share in Oklahoma City, from the Lake Hefner Parkway to quiet neighborhood streets, rely on a shared trust that every driver will act responsibly. When one person shatters that trust by getting behind the wheel intoxicated, the consequences for others can be devastating.
If you were injured because of this profound lapse in judgment, you are now facing challenges you did not create. But you have rights, and holding the at-fault driver accountable is a critical step toward rebuilding. An experienced Oklahoma City drunk driving accident lawyer can be your advocate, ensuring your voice is heard and your needs are met.
At Carr & Carr Injury Attorneys, we have been standing up for the rights of injured people since 1973. Our team of dedicated professionals is here to provide the support and guidance you need.
Key Takeaways about Oklahoma City Drunk Driving Accident Claims
- A person injured by a drunk driver in Oklahoma may be able to pursue financial recovery for medical expenses, lost income, and other significant impacts.
- Oklahoma has specific laws, that make it illegal to operate a motor vehicle under the influence of alcohol or other intoxicating substances.
- The criminal case against the drunk driver is separate from the civil claim for personal injuries, and the outcome of one does not automatically determine the outcome of the other.
- Evidence such as police reports, breathalyzer or blood test results, and witness statements are vital in establishing the driver’s impairment and liability.
- Insurance companies may try to settle claims for less than their full value, and having legal representation can help protect an injured person’s interests.
Why Choose Carr & Carr Injury Attorneys for Your Oklahoma Drunk Driving Accident Case?
Choosing a legal team to represent you after a traumatic event is a significant decision. Since 1973, Carr & Carr Injury Attorneys has grown from a father-and-son firm into a team of 11 attorneys and a support staff of about 30 professionals, all dedicated to helping individuals and families. We combine the resources of a large firm with the personal attention and compassion you deserve. We understand the challenges you are facing and are committed to helping you through them.
Our approach involves:
- A Deep History of Advocacy: With nearly 50 years of experience, we have a long track record of fighting for the rights of Oklahomans.
- Comprehensive Support: Our team does more than just handle the legal aspects of your case. We can assist with the complexities of Medicare and Medicaid and help you find community resources, because we believe our job is to improve our clients’ quality of life.
- No Upfront Costs: We operate on a contingency fee basis. This means you pay us nothing unless we successfully recover money for you. Your initial consultation is always free.
We are proud to be the people’s law firm, and our team is ready to listen to your story and discuss how we can help.
Understanding Your Rights After a Drunk Driving Accident in Oklahoma City
When you’ve been injured by a drunk driver, it’s important to understand that there are two separate legal processes that may occur: a criminal case and a civil case.
- The Criminal Case: The State of Oklahoma, through the district attorney’s office, will prosecute the drunk driver for breaking the law. This case focuses on punishing the driver with penalties like fines, license suspension, and potential jail time. You may be called as a witness in this case.
- The Civil Case: This is your personal injury claim, which you file to seek financial recovery for the harm you suffered. The goal of a civil case is not to punish the driver (though that can sometimes be a component) but to make you whole again financially.
These two cases proceed independently. Even if the driver is found not guilty in criminal court, you can still pursue and win your civil case. The standard of proof is different; in a civil claim, you must show it is more likely than not that the other driver’s negligence caused your injuries.
What Compensation Can You Pursue?
The purpose of a personal injury claim is to recover for all the ways the accident has affected your life. In Oklahoma, this is often broken down into different categories of “damages,” which is the legal term for the losses you have experienced.
An Oklahoma City drunk driving accident lawyer can help you identify and calculate all potential damages in your case, which may include:
- Economic Damages: These are the specific, calculable financial losses you have incurred. This includes all past and future medical bills, lost wages from being unable to work, and costs to repair or replace your vehicle.
- Non-Economic Damages: These damages are for harms that don’t have a precise price tag but are just as real. This can cover physical pain, emotional distress, scarring or disfigurement, and loss of enjoyment of life.
- Punitive Damages: In cases involving extreme recklessness, such as drunk driving, Oklahoma law sometimes allows for punitive damages. These are not meant to compensate you for a loss but to punish the at-fault party and discourage similar behavior in the future.
Calculating the full extent of these damages requires a careful review of medical records, financial documents, and the overall impact on your daily life.
The Role of an Oklahoma City Drunk Driving Accident Lawyer
After a serious collision, you should be focused on your physical and emotional recovery. An experienced attorney can handle the complex legal and administrative tasks for you.
Here is what an attorney from Carr & Carr can do for you:
- Conduct a Thorough Investigation: We will gather all critical evidence, including the official police report, photos from the scene, and witness contact information. We can also secure evidence from the criminal case, like the driver’s blood alcohol content (BAC) test results.
- Manage All Communication: Our team will take over all communications with the insurance companies involved. This prevents you from being pressured into giving a recorded statement or accepting a low settlement offer.
- Accurately Value Your Claim: We work with medical and financial professionals to understand the full scope of your injuries and how they will affect your future. This allows us to build a strong case for the total compensation you need.
- Fight For Your Best Interests: Whether through skilled negotiation or, if necessary, by presenting your case in court, we will advocate for your rights every step of the way.
Having a dedicated legal advocate allows you to concentrate on what matters most—healing and putting your life back together.
Proving Liability in an OKC DUI Crash
To succeed in a personal injury claim, you must prove that the other driver was at fault, or “liable,” for the accident. In a drunk driving case, the evidence of intoxication is central to proving their negligence.
The evidence used to establish liability can include:
- The Police Report: This official document contains the investigating officer’s observations, including signs of intoxication like slurred speech or the smell of alcohol.
- BAC Test Results: Results from a breathalyzer, blood, or urine test showing a BAC of 0.08% or higher are powerful evidence of impairment.
- Witness Testimony: Statements from other drivers, passengers, or pedestrians who saw the crash or the driver’s erratic behavior before the collision can be very persuasive.
- Field Sobriety Tests: The police report will also detail if the driver failed any field sobriety tests administered at the scene, such as the walk-and-turn or one-leg stand.
An experienced Oklahoma City drunk driving accident lawyer knows how to collect and present this evidence effectively to build the strongest possible case for you.
Common Injuries in Drunk Driving Collisions
The forces involved in a motor vehicle collision, especially one where a driver’s reaction time is slowed by alcohol, can cause devastating injuries. These injuries can require extensive medical treatment and change a person’s ability to work and enjoy life.
Some common injuries we see in these cases are:
- Traumatic Brain Injuries (TBI): A TBI can range from a concussion to a severe injury with long-term cognitive and physical effects.
- Spinal Cord Injuries: Damage to the spinal cord can result in partial or complete paralysis, affecting every aspect of a person’s life.
- Broken Bones and Fractures: Multiple fractures are common and may require surgeries, pins, and lengthy rehabilitation.
- Internal Injuries: The force of impact can cause serious damage to internal organs, which can be life-threatening if not treated immediately.
Our attorneys have worked with individuals who have suffered a wide range of catastrophic injuries, and we understand the immense medical and personal challenges they present.
What to Do After a Drunk Driving Accident
Once you are home from the scene and have received initial medical care, the steps you take can be important for your health and any future legal claim.
- Follow All Medical Advice: Attend all follow-up appointments with your doctor and any specialists. Following your treatment plan is crucial for your recovery and documents the extent of your injuries.
- Keep a Record: Write down everything you remember about the accident. Also, keep a simple journal of your physical symptoms, medical appointments, and how the injuries are affecting your daily life.
- Organize Your Documents: Create a folder for all accident-related paperwork, including medical bills, receipts for prescriptions, repair estimates for your car, and any correspondence from insurance companies.
Taking these organized steps can help bring a sense of control to a difficult situation and preserves important information for your case.
Oklahoma City Drunk Driving Accident FAQs
Here are answers to some common questions people have after being involved in a crash with an intoxicated driver.
What if the drunk driver was not convicted in their criminal case?
You can still move forward with your civil personal injury claim. The standard of proof is lower in a civil case (“preponderance of the evidence”) than in a criminal case (“beyond a reasonable doubt”). This means you only need to show that it was more likely than not that the driver’s negligence caused your injuries, so an acquittal in the criminal trial does not prevent you from seeking compensation.
How long do I have to file a claim in Oklahoma?
In Oklahoma, the time limit for filing a personal injury lawsuit, known as the statute of limitations, is generally two years from the date of the injury. It is important to speak with an attorney well before this deadline to ensure you have enough time to investigate the claim and file the necessary paperwork.
What is Oklahoma’s “dram shop” law?
Oklahoma has a “dram shop” law that can sometimes hold a bar, restaurant, or liquor store responsible if they sold alcohol to a noticeably intoxicated person who then caused an accident. Investigating this possibility requires an experienced attorney to determine if a third party might also be liable for your injuries.
Should I give a recorded statement to the other driver’s insurance company?
It is generally not in your best interest to give a recorded statement to the at-fault driver’s insurance adjuster without first consulting with a lawyer. Adjusters are trained to ask questions that may be used to minimize your claim later. Your attorney can handle all communications with the insurance company for you.
Can I file a claim if I was a passenger in the car with the drunk driver?
Yes, as a passenger, you have the right to file a claim against the driver of the car you were in if their intoxication caused the accident and your injuries. You may be able to make a claim against that driver’s auto insurance policy.
Contact an Oklahoma City Drunk Driving Accident Attorney Today
The decision to drink and drive can have devastating consequences. If you or a loved one has been harmed by a drunk driver in Oklahoma City, Tulsa, or the surrounding areas, you don’t have to face the recovery process by yourself. At Carr & Carr Injury Attorneys, our personal injury lawyers are committed to holding negligent drivers accountable and helping you secure the resources you need to move forward.
Our team is ready to listen to your story with compassion and provide a clear understanding of your legal options. Contact us today at (405) 691-1600 or through our online form for a free, no-obligation consultation. We are here to help.
Carr & Carr Injury Attorneys - Oklahoma City Office
Address: 1350 SW 89th St, Oklahoma City, OK 73159
Contact No: 405-691-1600