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Everyone knows that drunk driving is illegal. Sadly, many drivers continue to engage in this extremely dangerous behavior. The accidents they cause costs thousands of lives each year. If you are injured in an accident caused by a drunk driver, you may be entitled to significant legal compensation through a civil lawsuit. Defendants may also face criminal prosecution.
At Edwards & Patterson Law, we are ready to help you pursue the justice, accountability, and legal compensation you are entitled to by filing a civil injury lawsuit on your behalf. We have extensive experience defending the rights of injury victims throughout Oklahoma, including those injured in drunk driving accidents. Contact us today to schedule a free, no-obligation consultation with a knowledgeable injury attorney. You pay nothing unless we win your case.
How Common are Drunk Driving Accidents?
Drunk driving accidents are far too common in the United States. The National Highway Traffic Safety Administration (NHTSA) reports that 32 people are killed in drunk driving accidents every day nationwide, which translates to one death every 45 minutes. Further, according to the Centers for Disease Control and Prevention (CDC), the estimated cost of crash deaths involving alcohol-impaired drivers totaled about $123.3 billion in one recent year alone.
The CDC further reports that law enforcement agencies across the country make nearly one million arrests each year for driving under the influence of alcohol and/or drugs. This number likely represents only a fraction of all instances these crimes are committed.
Are Drunk Drivers Automatically at Fault for Accidents They Are Involved In?
No. Though drunk drivers are normally responsible when involved in auto accidents, they are not always. Injured plaintiffs must still show by a preponderance of the evidence that the drunk driver caused the accident and their injuries. A skilled injury attorney will draw on all sorts of evidence to satisfy this standard, including things like police crash reports, blood alcohol content (BAC) tests, footage from traffic cameras, and witness testimony.
Can Someone Other Than the Drunk Driver Be Held Liable for the Accident?
Yes. Under Oklahoma’s dram shop laws, a bar, liquor store, restaurant, or other vendor that sells alcohol to a visibly intoxicated person may be liable for accidents they cause. Previously, liability existed only for injuries caused by the sale of alcohol for consumption on the vendor’s premises. However, in the case of Boyle v. Asap Energy, Inc. (2017), the Supreme Court of Oklahoma clarified that a cause of action also exists “when a commercial vendor of alcohol sells alcohol to a noticeably intoxicated person for consumption off the premises of the vendor when a person is injured as a result of the vendor violating a statute which prohibits such sales.”
What Compensation Can I Recover Through a Drunk Driving Lawsuit?
If you are injured by a drunk driver in Oklahoma, you may be eligible to seek compensation for both the economic and noneconomic impact your injuries have on your life. This may include things like:
- Medical bills
- Lost wages
- Lost future earnings
- Physical pain and suffering
- Emotional distress
- Diminished quality of life
- Damaged personal property
If liability is established, injured parties will be entitled to compensation for the full value of their objective economic losses. However, Oklahoma is among the states that limit the amount of noneconomic damages a jury may award. The cap is currently set at $350,000.
In addition to damages meant to compensate injury victims, punitive damages designed to punish defendants may also be available in cases involving extremely irresponsible or otherwise reprehensible behavior. Though courts are normally reluctant to award punitive damages, they may be more inclined to do so in drunk driving cases. In Oklahoma, punitive damages are capped at $100,000 or an amount equal to damages awarded as compensation.
What is the Difference Between Civil Compensation and Criminal Restitution?
Drunk driving accidents often result in both a civil lawsuit and a criminal prosecution. Injured victims may receive compensation through both. This section explores the basic differences between civil compensation and criminal restitution.
Civil damages are awarded in personal injury lawsuits between private parties to compensate injured plaintiffs for injuries and losses caused by defendants. If a defendant’s responsibility for an accident that results in injuries can be shown by a preponderance of the evidence, the court will order that they compensate the defendant for their economic and noneconomic losses.
However, if the defendant is being simultaneously prosecuted for driving while intoxicated, a court may order that they pay “restitution” as part of their punishment. Restitution simply refers to monetary compensation awarded to victims of a crime. Before it may be awarded, the prosecution must prove its case against the defendant beyond a reasonable doubt, which requires near certainty that they were guilty of the crime.
What Is the Deadline for Filing a Lawsuit After a Drunk Driving Accident in Oklahoma?
In Oklahoma, the deadline for filing a personal injury lawsuit is normally set at two years from the date of the accident. Though there are a few very narrow exceptions, this deadline is normally strictly enforced by courts. Therefore, because a late filing will nearly always eliminate your right to seek compensation in court and your bargaining power when negotiating an out-of-court settlement with the at-fault party, you should speak to an injury attorney as soon as possible after an accident.
Contact an Oklahoma Car Accident Lawyer
As we all know, drunk driving is illegal and extremely dangerous. Even so, many drivers remain undeterred. When these drivers cause accidents, they should be held accountable for the injuries they cause to other road users. At Edwards & Patterson Law, we are here to make sure you know your rights and help you fight for the justice and accountability you deserve. Contact us today to schedule a free consultation with an experienced personal accident lawyer. You pay nothing unless we win your case.
