Oklahoma law defines driving under the influence as operating a vehicle with a blood alcohol concentration of 0.08 percent or higher (47 O.S. § 11-902). A person hurt by an impaired driver generally has two years from the crash date to sue under 12 O.S. § 95, and an Edmond drunk driving accident lawyer can pursue compensation for those injuries.
A drunk driving crash is rarely a close call on fault, but that does not mean the insurance company pays what the claim is worth. Hasbrook & Hasbrook represents people hurt by impaired drivers in Edmond, gathering the police report and crash evidence and dealing directly with the adjuster so you are not doing it alone while you recover.
Where Drunk Driving Crashes Happen in Edmond
Edmond’s downtown Broadway and 1st Street corridor holds the city’s main concentration of bars and restaurants, and traffic leaving that district late on weekend nights is a recurring source of impaired-driving crashes. The Kilpatrick Turnpike along Edmond’s south edge and the I-35 corridor see a similar late-night pattern, and the streets around the University of Central Oklahoma carry added foot and vehicle traffic tied to campus nightlife. None of that changes how a claim gets proven, but it shapes where our clients are usually hurt.
Oklahoma’s Drunk Driving Laws
Driving with a blood alcohol concentration of 0.08 percent or more is unlawful in Oklahoma, and the same statute also covers driving under the influence of alcohol, a controlled substance, or a combination of the two (47 O.S. § 11-902, linked above). When that conduct causes a personal injury crash, the driver can be charged with an enhanced offense carrying additional jail time under 47 O.S. § 11-904. A conviction is not required for you to bring a civil injury claim; the criminal case and your civil claim proceed on separate tracks.
The National Highway Traffic Safety Administration treats impaired driving as one of the most preventable causes of serious crashes, which is part of why Oklahoma punishes it more heavily than ordinary negligent driving.
Fault, Liability, and Comparative Negligence in an Edmond DUI Claim
The impaired driver is almost always the primary defendant in these cases. Oklahoma also makes it a crime to knowingly sell, furnish, or give alcohol to a person who is already intoxicated (37A O.S. § 6-121).
Evidence that a bar or restaurant kept serving an obviously intoxicated patron shortly before the crash can sometimes support a broader liability claim beyond the driver alone, and an Edmond drunk driving accident lawyer can evaluate whether that applies to your facts.
Oklahoma follows a legal doctrine that reduces recovery by a claimant’s own share of fault rather than barring it outright: partial fault does not bar recovery, but a claimant whose own fault equals or exceeds the combined fault of everyone else involved cannot recover (23 O.S. § 13). If the impaired driver carried no insurance or too little to cover your injuries, your own uninsured or underinsured motorist coverage can still apply (36 O.S. § 3636).
Punitive Damages After a Drunk Driving Crash
Because driving at 0.08 BAC or higher is itself unlawful, drunk driving cases are among the clearer examples of conduct that can support punitive damages on top of medical bills, lost income, and pain and suffering. Oklahoma allows a jury to award punitive damages where it finds, by clear and convincing evidence, that the defendant acted with reckless disregard for the rights of others (23 O.S. § 9.1); a finding of intentional and malicious conduct can support a larger award under a separate, higher category of the same statute.
What to Do After a Drunk Driving Accident in Edmond
What you do in the hours after the crash can affect both your recovery and your claim:
- Call 911 and get medical care, even if you feel fine at the scene.
- Ask the responding officer whether the other driver was cited or arrested for DUI, and get the report number.
- Photograph the vehicles, the scene, and your visible injuries if you are able.
- Get contact information from any witnesses who saw the crash or the other driver beforehand.
- Avoid giving a recorded statement to any insurance company, including your own, before you talk to a lawyer.
Frequently Asked Questions
Can I still sue if the drunk driver was never convicted?
Yes. A civil injury claim does not depend on a criminal conviction. Your case is decided by a different standard of proof, and it can proceed whether the criminal charge results in a conviction, a plea deal, or no charge at all.
What if the drunk driver had no insurance?
Your own uninsured and underinsured motorist coverage, described above, can pay for your injuries when the at-fault driver cannot.
How long do I have to file a claim?
Most Oklahoma personal injury claims, including drunk driving cases, must be filed within two years of the crash under 12 O.S. § 95 (linked above). Waiting risks losing evidence like dashcam or bar surveillance footage.
Related Edmond Practice Areas
We also represent Edmond clients hurt in a crash that did not involve an impaired driver, and more broadly in the wider range of injury claims we handle for Edmond clients. When a drunk driving crash proves fatal, we can also help with a family’s claim after a fatal Edmond DUI crash.
Contact an Edmond Drunk Driving Accident Lawyer for a Free Consultation
If you or someone in your family was hurt by an impaired driver in Edmond, Hasbrook & Hasbrook will review your case at no charge and explain your options plainly. Call (405) 605-2426 or connect with our office for a free case evaluation. You owe no fee unless we recover money for you.
