Oklahoma drunk driver crashes are more common than most individuals are aware of; these accidents can leave families and friends devastated and victims disabled for life. It is an unfortunate epidemic in our nation, filling up dockets in criminal courts all over the country.
Accidents that result from drunk driving can affect the ability to work, attend school, take care of children, and enjoy hobbies.
Also, Oklahoma drunk driver crashes tend to be much more serious, causing lasting injuries that require expensive medical treatments and job losses. This contributes to financial hardships within the family, making it difficult to maintain a family’s lifestyle through no fault of their own.
Many individuals who have been harmed due to a drunk driver accident don’t believe that a lawsuit will reverse the emotional, physical, and financial damage that has occurred. However, your Tulsa personal injury attorney will emphasize that while a lawsuit may not correct what happened, it can help restore justice and lessen the serious financial impact that is typically caused.
Filing an Oklahoma Drunk Driver Crash Lawsuit
Your experienced personal injury attorney will walk you through all the important steps of your lawsuit in order to reassure you that your claim is being properly handled and your welfare is number one.
If you are attempting to handle a claim with an insurance company that represents the drunk driver that hit you, the insurance company will strive to settle the claim as soon as possible. The more time the insurance company gives you, the more likely it is that you will retain a personal injury attorney, which is not viewed as favorable in the eyes of the insurance company.
The insurance company that represents the individual responsible for an Oklahoma drunk driver crash will try to reach out to you as soon as possible in order to obtain a recorded statement and request medical records or any other documents that could be used to undermine your personal injury case. Dealing with the insurance company on your own can not only compromise your rights, but it can also negatively affect your drunk driver crash lawsuit. Obtaining a Tulsa personal injury attorney right away is the only way to preserve your rights and adequately pursue your personal injury claim against the drunk driver who injured you.
Drunk Driver Crash vs. Car Accident
A drunk driver crash lawsuit differs from a typical personal injury lawsuit because it involves not only a civil lawsuit, but also a criminal case. Drunk driving that doesn’t result in a crash is against the law in all 50 states; a drunk driving crash is viewed as an even more serious offense.
A criminal investigation, arraignment, and potential trial will take place on the criminal prosecution side. Separate from the criminal case, a civil case will also be taking place.
In the criminal case, the state, also known as the district attorney, will represent the victim’s and the state’s interests.
In the civil case, your personal injury attorney will be required to prove fault. This requires using evidence, witnesses, and blood alcohol level records to establish that the drunk driving crash was the drunk party’s fault. Experienced and skilled personal injury attorneys will be able to expertly present a case that outlines the opposing party’s poor judgment and direct contribution to the accident.
Vendors of Alcohol
In Oklahoma, not only can your personal injury attorney help you sue the individual who caused the drunk driving crash, but also the restaurant, bar, or liquor store that supplied the alcohol to the drunk party. This doctrine is called “dram shop liability.” This can be used to sue the vendor of the alcohol if the vendor negligently served alcohol to a visibly intoxicated individual who then caused injury to another person.
The Oklahoma Supreme Court has outlined some instances in which a vendor would be liable for negligent sales of alcohol:
- improper employee training;
- improper accounting of amount of alcohol sold on a tab;
- failure to implement a specific policy on the amount of alcohol that is proper to serve; or
- assisting intoxicated customers outside through a side exit
Your Tulsa personal injury attorney is going to be your best asset when pursuing a claim against a vendor of alcohol. Your personal injury attorney will know the specific elements to look for, the documents to request, and the most important questions to seek answers to.
Free Consultation with a Tulsa Personal Injury Attorney
Consulting with an attorney as soon as possible in the event you are injured in a drunk driving crash is very important in order to preserve your rights, protect you from the insurance companies, and obtain a fair settlement.
Hiring a knowledgeable and experienced Tulsa personal injury attorney will ensure the process is expertly conducted and your interests are well represented.
Contact an experienced Tulsa personal injury attorney when you need to go through the Oklahoma personal injury civil process.
For a free, confidential consultation, call 918-924-5528 today.
