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Tulsa Drunk Driving Accident Lawyer
Drinking and driving is against the law in Oklahoma. However, another driver does not need to be charged criminally for you to recover financial compensation if a drunk driver injured you. A lawsuit will not undo the grievous harm you have suffered, but it can help you rebuild your life and hold the at-fault driver accountable for their behavior.
The Tulsa drunk driving accident lawyers at Edwards & Patterson Law want to see you through the aftermath of a crash that was not your fault. Our firm has decades of experience and an extensive record of success protecting the rights of injured Oklahomans. We will guide you through every step of the legal process as we fight for maximum compensation. Contact us today for a free consultation with an experienced Tulsa drunk driving accident lawyer.
What Are Some Drunk Driving Accident Statistics?
Nationally, drunk driving accidents killed more than 11,600 people in one recent year, according to the National Highway Traffic Safety Administration (NHTSA). One person in the U.S. dies from a drunk driving crash every 45 minutes. Moreover, the NHTSA says about 30 percent of all U.S. traffic deaths involve drivers with a blood alcohol content (BAC) of 0.08 percent or higher.
Oklahoma’s drunk driving accident statistics are equally concerning. According to the Centers for Disease Control and Prevention (CDC), 1,864 people died in drunk driving motor vehicle crashes statewide over a recent decade, giving Oklahoma a higher incident rate than the national average. About 1 percent of Oklahoma drivers admitted to driving after drinking too much at least once within the past 30 days. Contact our Tulsa car accident lawyer today.
How Can You Tell If Another Driver Is Intoxicated?
According to Mothers Against Drunk Driving, some common signs of intoxicated driving include:
- Weaving through traffic
- Sudden, unpredictable acceleration or deceleration
- Following too closely
- Almost colliding with other vehicles, curbs, or stationary objects
- Stopping without cause
- Driving on the center lane marker
- Delayed responses to traffic signals
- Swerving on the road
- Driving without headlights at night
- Signals that do not match the driver’s actions
- Drifting in and out of traffic lanes
- Turning illegally or abruptly
- Driving into oncoming traffic
- Going slower than 10 mph below the posted speed limit
- Driving on surfaces not designated for vehicles
What Are Drunk Driving Laws in Oklahoma?
Here is some information on some of Oklahoma’s most important drunk driving laws:
- Driving under the influence – In Oklahoma, any driver with a blood alcohol content (BAC) of 0.08 percent or higher is guilty of driving under the influence (DUI). For a drug or alcohol detection test to be admissible in court, police must conduct the test within two hours of the driver’s arrest.
- Driving while impaired – In addition to DUI, there is a slightly reduced drunk driving offense in Oklahoma known as Driving While Impaired (DWI). A driver is guilty of DWI if their BAC is between 0.05 percent and 0.08 percent. Police must provide additional evidence of the driver’s impairment before arresting them.
- Drug impairment – Oklahoma law also illegalizes the act of driving while the driver has any amount of a Schedule I controlled substance in their system within two hours of arrest.
- Zero tolerance law – Drivers under age 21 may face DUI charges in Oklahoma if they have any amount of alcohol in their system.
- Monetary penalties – First-time offenders in Oklahoma face a fine of up to $1,000. Second DUI offenses can result in a fine of up to $2,500. Third or subsequent offenses can result in fines of up to $5,000. These fines are in addition to any damages drunk drivers are ordered to pay victims in a civil case.
- Imprisonment – A first-time felony DUI conviction in Oklahoma carries up to five years in prison. Any subsequent convictions carry up to 10 years of prison time.
- Loss of driving privileges – A DUI conviction in Oklahoma can result in losing driving privileges for up to three years.
- Alcohol assessment and evaluation – Drunk drivers can also be required to pay for an alcohol assessment and evaluation upon conviction of DUI in Oklahoma.
- Implied consent law – Refusing to take a DUI test in Oklahoma is grounds for an automatic driver’s license suspension. The suspension lasts a minimum of six months.
Additionally, the Oklahoma Bar Association notes that alcohol vendors and social hosts can be held liable for providing alcohol to minors or anyone who is noticeably intoxicated. An experienced Tulsa drunk driving accident lawyer can evaluate if any parties other than the drunk driver may be responsible for the harm you’ve suffered.
Is the Drunk Driver Always At-Fault for an Accident?
The drunk driver is not automatically at fault for an accident, but it is often up to them to prove this. To understand why drunk drivers are usually held at fault for an accident, it helps to know the difference between prima facie negligence and negligence per se.
In the context of an Oklahoma civil lawsuit, negligence means a defendant failed to take reasonable steps to prevent the plaintiff’s injuries. A prima facie case of negligence has the following elements:
- The defendant owed the plaintiff a duty of care.
- The defendant violated that duty.
- The defendant’s violation of their duty caused the plaintiff harm.
- The plaintiff suffered damages.
Negligence per se means that the outcome implies negligence on the defendant’s part. In other words, violating a law is proof enough of their negligence. To use this argument, the plaintiff must show that:
- The defendant violated a public safety statute.
- The plaintiff is someone the statute is meant to protect.
- The statute is meant to prevent the plaintiff’s injuries.
- The defendant caused the plaintiff’s injuries by violating the statute.
Many drunk driving cases involve negligence per se, making it easier for plaintiffs to recover compensation for their injuries. If the plaintiff can show the defendant broke Oklahoma’s drunk driving law, it is now up to the defendant to disprove their negligence.
Another legal concept that can impact Oklahoma drunk driving accident cases is that of comparative negligence. Oklahoma’s comparative negligence law applies when multiple parties share fault for a motor vehicle crash. This law says you can claim compensation for your injuries if you are less than 50 percent at fault for the underlying collision. If a judge or jury finds you at fault, your award is reduced by the percentage of fault they assign you.
What Compensation Is Available in a Tulsa Drunk Driving Accident Claim?
If a drunk driver injures you, you can receive compensation for the harm you suffered, which might include:
- Lost wages
- Medical bills
- Diminished future earnings
- Damaged personal property
- Pain and suffering
- Emotional distress
- Reduced quality of life
Your lawyer’s job is to maximize your compensation by thoroughly documenting the full extent of your losses. It is crucial to account for all your losses because you generally have just one chance at compensation for your injuries.
What Is the Deadline for Filing a Drunk Driving Accident Lawsuit in Oklahoma?
Oklahoma’s statute of limitations on personal injury claims generally gives you two years from a crash to file a lawsuit. If you miss this deadline, you will likely lose your ability to seek compensation in court. Call a lawyer right away to ensure your case is filed on time.
Contact a Tulsa Drunk Driving Accident Lawyer
The Tulsa drunk driving accident attorneys at Edwards & Patterson Law are ready to fight for you. We know how to hold drunk drivers accountable for their actions and are committed to helping injured Oklahomans recover maximum compensation. Call us today or visit our contact page for a free consultation. Contact our Tulsa personal injury attorney today.
