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Drunk driving is preventable and puts all of us in harm’s way.
There really is no excuse for drunk driving when it is easy and convenient to call an Uber or Lyft driver.
According to the CDC, 29 people die every day in a vehicle accident involving an impaired driver.
The annual cost of these accidents exceeds $44 billion.
Due to drunk and impaired driving, one preventable death occurs every fifty minutes.
The statistics are even worse, per capita, in Oklahoma vs the US.
Most of the drunk driving information online is from criminal defense attorneys that defend people accused of driving under the influence. Our firm is focused on helping the victims of these needless, preventable accidents.
What is considered drunk driving?
It is illegal to operate a motor vehicle while impaired by drugs or alcohol. A person can be charged with drunk driving even if they are not intoxicated, but their blood alcohol concentration (BAC) is 0.08% or higher. This means that even if a person has only had one drink, their BAC could be high enough to be considered intoxicated.
DUI vs DWI
If a person’s blood alcohol content (BAC) is 0.08% or higher and they are operating a motor vehicle, they are considered to be driving under the influence (DUI).
A person may be found guilty of driving while intoxicated (DWI) if they have alcohol in their system but their BAC is below 0.08.
Penalties for drunk driving
Types
Penalties for drunk driving in OKC can include fines and court costs of more than $10,000, jail time, and license suspension. If a person is convicted of drunk driving, they will also have to complete an alcohol education and treatment program. Other penalties often include:
- Impaired Driver Accountability Program
- Ignition Interlock Device on your vehicle
- DUI School
- Probation
- Community Service
- Victim Impact Panel
The best way to avoid these penalties is to not drink and drive. Drunk drivers are risking their own lives and the lives of others when they get behind the wheel.
Is Oklahoma a “no tolerance” state?
Yes, Oklahoma is a “zero tolerance” state when it comes to drunk driving. This means that even a first time drunk driver can be charged with a felony and face serious penalties.
Who can be held accountable for drunk driving?
The drunk driver
Even though the drunk driver is likely facing criminal charges, a civil case can be filed against the individual who caused the drunk driving accident. The victim in the civil case is the Plaintiff, and is suing the drunk driver. The defendant’s insurance company will generally be defending the lawsuit, but is not a named party.
Oklahoma’s Social Host Law
In Oklahoma, the “Social Host” law holds individuals accountable for providing alcohol to someone who is impaired. This means that if you are a host at a party and someone gets drunk, you may be held liable for their actions. The most common example is when some parents decide to be the “cool parents” and host a party at their house for their high school student and his or her friends. If one of the students gets drunk and drives, injuring themselves or someone else, the parents could be held liable. In general, the parents’ home owner’s insurance would be defenndaing and paying on the claim.
The Restaurant or Bar That Overserved the Driver
Oklahoma’s dram shop law may also hold a restaurant or bar liable for a drunk driving accident. This law allows injured people to sue the establishment that served too much alcohol to the driver.
3 Ways Restaurants and Bars Can Be Liable for Drunk Driving Wrecks
- Serving a customer that is already obviously intoxicated.
- Overserving a customer.
- Serving alcohol to minors.
What can a drunk driving accident victim recover?
The victim of a drunk driving accident can recover money for medical expenses, lost wages, pain and suffering, and other damages. If the victim was killed, their family may be able to recover money for funeral expenses and the loss of their loved one
Personal injury damages
The following are some examples of the types of damages that may be available to a victim of a drunk driving accident:
Medical expenses: This can include past and future hospitalization, surgery, doctor’s visits, medication, and any other necessary medical treatment.
Lost wages: If the victim is unable to work because of their injuries, they may be able to recover their lost wages.
Pain and suffering: The victim may be able to recover damages for the physical pain and emotional suffering that they experienced as a result of the drunk driving accident.
Wrongful death: If the victim was killed in the accident, their family may be able to recover money for funeral expenses and the loss of their loved one.
Vehicle damage: If the victim’s vehicle was damaged in the accident, they may be able to recover money for the repairs or replacement cost of the vehicle.
Where is the settlement or verdict money coming from?
The money that a victim of a drunk driving accident can recover will depend on what caused the wreck. In general, settlements are paid from either the drunk driver’s insurance , the restaurant, bar, or homeowner’s insurance, or both.
If the victim has Uninsured/Underinsured Motorist Coverage, they may be able to recover money from their own insurance company. This coverage pays for damages that are not covered by the other insurance.
What if someone died as a result of a drunk driving accident?
If someone died as a result of a drunk driving accident, their family may be able to file a wrongful death lawsuit. This lawsuit is filed against the person or entity that was responsible for the death. The goal of the lawsuit is to recover money for funeral expenses, pain and suffering, and other damages that the victim suffered.
Deadline to file a claim.
The statute of limitations for most drunk driving accidents is two years from the date of the accident. This means that if you don’t file a lawsuit within two years of the date of the accident, you will forfeit your right to do so. The main exception to this rule is if the victim (plaintiff) is a minor at the time of the accident. If that is the case, he or she has until they reach their 19th birtday.
Even though two years sounds like a long time to file a lawsuit, acting sooner, rather than later is in the plaintiff’s best interest. Your attorney will want to investigate the accident while the facts are still fresh and witnesses can still be located. This can allow for a stronger case. The bar may have security footage from the night of the accident that clearly shows their patron is intoxicated. Without a lawsuit to preserve the evidence, the bar may not think to safe the videotape, or may choose to destroy it, or the file may be rewritten over every 30 days.
