If you’re convicted of drunk driving in Oklahoma, the penalties can be severe, especially for repeat offenders. Here’s a breakdown of what you might face:
- First Offense:
- Fines: Up to $1,000.
- Jail Time: Up to 1 year.
- License Suspension: 30 days to 1 year.
- Community Service: Mandatory.
- Second Offense:
- Fines: Up to $2,500.
- Jail Time: Up to 5 years.
- License Suspension: 1 to 4 years.
- Mandatory Alcohol Treatment.
- Third Offense:
- Fines: Up to $5,000.
- Jail Time: Up to 10 years.
- License Suspension: 1 to 5 years or more.
- Mandatory Alcohol Treatment and Probation.
Penalties increase with each subsequent offense and may also include mandatory installation of an ignition interlock device.
Implied Consent and License Suspension
Oklahoma's implied consent law requires that drivers submit to chemical testing if suspected of being under the influence. Refusing to take a BAC test can have serious consequences:
- Automatic License Suspension: Refusing a BAC test will result in an immediate suspension of your driver's license, typically for 6 months for a first refusal and longer for repeat refusals.
- Legal Presumptions: If you refuse the test, it can be used against you in court, which may lead to harsher penalties.
- Reinstatement: To regain your driving privileges, you may need to complete a DUI education program and pay reinstatement fees.
If you’re facing the aftermath of a drunk driving accident, it’s essential to work with experienced drunk driving accident attorneys to understand your rights and options, particularly if you or a loved one was seriously injured or killed by a drunk driver. At Calvert Law Firm, we can help you deal with insurance companies, file your personal injury lawsuit if necessary, and take the burden off of you so you can focus on recovery and moving forward.
Common Injuries in Oklahoma City Drunk Driving Crashes
Drunk driving accidents can lead to a range of injuries, from minor to severe. Understanding these common injuries can help you better navigate the aftermath of a drunk-driving crash. Here are some of the most frequent injuries sustained in these tragic incidents.
Broken Bones
One of the most common injuries in a drunk driving accident is broken bones. These injuries can result from the force of the collision or from being thrown around inside the vehicle. Broken bones require immediate medical attention and often involve long recovery times, including surgery and physical therapy.
Traumatic Brain Injuries
Traumatic Brain Injuries (TBIs) are serious injuries that can occur during a drunk driving crash. These injuries happen when the brain is jolted or penetrated by an impact, leading to cognitive issues, memory loss, or even long-term disabilities. TBIs often require extensive medical treatment and can significantly impact your quality of life.
Whiplash
Whiplash is another frequent injury in drunk driving accidents, caused by the rapid back-and-forth movement of the neck during a collision. This type of injury can lead to pain, stiffness, and long-term discomfort, often requiring physical therapy and ongoing treatment.
Spinal Cord Injuries
Spinal Cord Injuries are among the most severe injuries resulting from drunk driving accidents. Damage to the spinal cord can lead to partial or
complete paralysis, affecting your ability to move and feel. These injuries often necessitate significant medical treatment and rehabilitation.
Internal Injuries
Internal injuries, such as damage to organs or
internal bleeding, are less visible but can be life-threatening. These injuries might not be immediately apparent after an accident but can lead to serious complications if left untreated.
Immediate medical evaluation is crucial if you suspect internal injuries following a drunk driving crash.
Emotional Distress
In addition to physical injuries, accident victims often suffer
emotional distress. The trauma of a drunk driving crash can lead to anxiety, depression, and other psychological issues. These emotional effects can be just as debilitating as physical injuries and should be considered in your compensation claim.
Building a Strong Drunk Driving Accident Case
When it comes to pursuing justice for victims of drunk driving accidents, a solid
personal Injury case begins with thorough evidence gathering and expert consultations.
At Calvert Law Firm, we understand the complexities of these cases and are committed to helping you every step of the way. Here’s how you can build a strong drunk driving accident case:
Gathering Evidence at the Accident Scene
Immediately after a drunk driving accident, it's crucial to collect as much evidence as possible. This will help establish the intoxicated driver’s responsibility and support your claim for fair compensation.
Here are
key steps to take after a drunk driving accident in Oklahoma City:
- Photograph the Scene: Take detailed photos of the accident scene, vehicle damage, and any visible injuries. This visual evidence can be crucial in demonstrating the severity of the car crash and the impact on you.
- Document Witnesses: Obtain contact information from any witnesses who saw the accident happen. Their statements can provide additional support to your case, particularly if they observed the drunk driver’s reckless behavior.
- Note Your Injuries: Record the nature and extent of your injuries, including visible ones like broken bones or severe injuries, as well as any pain or discomfort you experience. This documentation will be useful in proving car accident injuries and the need for ongoing medical treatment.
Obtaining Police Reports and Witness Statements
Once you’ve gathered initial evidence, the next step is to obtain the official police report and witness statements. These documents play a crucial role in substantiating your claim:
- Police Reports: Request a copy of the police report, which will include vital information such as the drunk driver’s blood alcohol concentration (BAC), any citations issued, and a description of the accident. This report is often essential in proving that the drunk driver was at fault.
- Witness Statements: Collect written statements from witnesses about what they saw. Their observations can confirm the drunk driver’s impaired state and corroborate your account of the accident.
Working with Medical Experts and Accident Reconstructionists
To build a compelling drunk driving accident case, it’s important to work with professionals who can provide expert insights into your injuries and the accident itself:
- Medical Experts: Collaborate with medical providers to assess your car accident injuries, determine the treatment required, and estimate future medical expenses. Their evaluations will help quantify the impact of the drunk driving accident on your health and life.
- Accident Reconstructionists: Engage an accident reconstructionist to analyze the scene and recreate the accident. Their expertise can demonstrate how the drunk driver’s actions led to the crash, strengthening your case against the impaired driver.
By following these steps and working with our experienced drunk driving accident attorneys at Calvert Law Firm, you can effectively gather evidence, obtain crucial reports, and secure expert testimony. This comprehensive approach will help build a robust case for you to recover compensation for your medical bills, lost wages, and other damages resulting from the drunk driving crash.
Navigating the Insurance Claims Process
When dealing with the aftermath of a drunk driving accident, the
Insurance claims process can often feel overwhelming. At Calvert Law Firm, we understand the intricacies involved and are here to guide you every step of the way.
Filing a Claim with the Drunk Driver's Insurance
The first step in seeking justice and compensation for a drunk driving accident is filing a claim with the drunk driver’s insurance company. Here's how to approach this crucial stage:
- Gather Evidence: Collect all necessary documentation from the accident scene, including the police report, photos of the damage, medical bills, and any other relevant evidence. This will support your claim and help establish the extent of your car accident injuries.
- Report the Accident: Notify the drunk driver’s insurance company about the accident. Provide them with all relevant details, but be cautious not to admit fault or provide unnecessary information.
- Review Your Coverage: Check your own insurance policy to understand your coverage, especially if the drunk driver’s insurance is insufficient. This can help cover medical expenses, lost wages, and property damage.
- Seek Legal Assistance: Contact a drunk driving accident attorney from our team at Calvert Law Firm. Our experienced drunk driving accident lawyers will ensure that your rights are protected and guide you through the complexities of filing a claim.
Dealing with Denials and Lowball Settlement Offers
Unfortunately, insurance companies may attempt to deny your claim or offer a settlement that is far less than you deserve. Here’s how you can handle these challenges:
- Insurance Company Tactics: Insurance adjusters might use various tactics to minimize their payout. They may claim that your injuries aren’t as severe as reported or that the drunk driver wasn’t fully at fault. It’s crucial to be aware of these tactics and be prepared to counter them.
- Document Everything: Maintain thorough records of all your medical treatments, car accident case details, and any correspondence with the insurance company. This documentation will be vital if you need to challenge a denial or a low settlement offer.
- Negotiation: If you receive a lowball settlement offer, don’t accept it immediately. Work with your drunk driving accident lawyer to negotiate a fair settlement that covers all your current and future medical expenses, lost wages, and pain and suffering.
- Consider Legal Action: If negotiations with the insurance company fail, you may need to file a personal injury lawsuit. Our drunk driving accident attorneys in Oklahoma City can assist you in pursuing maximum compensation through legal action, ensuring that the at-fault driver is held accountable for their reckless behavior.
Benefits of Hiring an Oklahoma Drunk Driving Accident Lawyer
If you've been involved in a drunk driving accident in Oklahoma, it's crucial to seek professional legal assistance.
At Calvert Law Firm, we understand the complexities of these cases and are here to help you navigate them effectively. Here are six key benefits of hiring an experienced Oklahoma City drunk driving accident lawyer:
In-Depth Knowledge of Oklahoma's Drunk Driving Laws
Our legal team at Calvert Law Firm is well-versed in Oklahoma's drunk driving laws. This knowledge is invaluable in handling your case effectively. We know how to get you the maximum available compensation for your injuries and other losses, including missed wages if you had to take time off work to recover.
Thorough Investigation and Evidence Collection
A skilled drunk driving accident attorney in OKC will thoroughly investigate the accident scene and gather crucial evidence. This can include:
- Police reports: Essential for establishing fault and understanding the accident's circumstances.
- Witness statements: Vital for corroborating your account and proving the intoxicated driver’s negligence.
- Medical records: Necessary for documenting your car accident injuries and future medical expenses.
Our team ensures that no detail is overlooked, which strengthens your case and supports your claim for fair compensation.
Effective Negotiation with Insurance Companies
Dealing with insurance companies can be challenging, especially when they attempt to minimize your compensation. Our drunk driving accident lawyers are adept at:
- Negotiating with insurance adjusters: To secure a settlement that covers all your medical bills, lost wages, and other damages.
- Understanding insurance coverage limitations: Ensuring you receive the maximum compensation available under the policy.
Maximizing Your Financial Compensation
Our goal is to help you recover the full amount of compensation you deserve. We meticulously evaluate:
- Medical expenses: Including current and future medical treatment for car accident injuries.
- Lost wages: Compensation for any income lost due to your inability to work.
- Property damage: Reimbursement for damages to your vehicle.
- Additional losses: Each case is different, and we will leave no stone unturned in making sure we claim the maximum compensation for your case.
Providing Emotional Support and Legal Guidance
We understand that a drunk driving crash can be emotionally and physically draining. At Calvert Law Firm, we offer:
- Compassionate support: Assisting you through this challenging time with empathy and professionalism.
- Clear legal guidance: Helping you make informed decisions about your personal injury lawsuit and legal options.
Our team is dedicated to making the legal process as smooth and stress-free as possible for you. We know that while we can’t go back in time and change what happened to you, we can certainly make it easier for you to move forward with confidence and a sense of closure.
Representing You in Court if Necessary
In some cases, a fair settlement may not be reached, proceeding to trial becomes necessary. Our Oklahoma City drunk driving accident attorneys are prepared to:
- Represent you in criminal court: Holding the drunk driver accountable for their reckless behavior.
- Present your case effectively: Using evidence and legal arguments to support your claim for punitive damages or compensation.
With our legal team by your side, you can be confident that your case will be handled with the utmost care and diligence.
Oklahoma's Time Limits for Filing a Drunk Driving Lawsuit
In Oklahoma, you generally have two years from the date of the drunk driving accident to file a personal injury lawsuit. If the drunk driving crash resulted in wrongful death, the deadline is also two years from the date of death.
It's crucial to adhere to these deadlines to ensure you can recover compensation for your car accident injuries, including medical bills, lost wages, and suffering emotional distress.
However, exceptions may apply, so consulting with a drunk driving accident attorney is essential. We at Calvert Law Firm are here to help navigate these timelines and ensure that your case is filed promptly.
Types of Compensation Available for Victims of Drunk Driving Crashes
If you've been involved in a drunk driving accident in Oklahoma City, you might be wondering what types of compensation you could be entitled to. At Calvert Law Firm, we are committed to helping you recover fair compensation for the damages you've suffered.
Here’s a detailed look at the different types of compensation you may be able to claim.
Medical Expenses
When a
drunk driver causes an accident, medical expenses can quickly become overwhelming. You may be entitled to compensation for all the medical bills related to your treatment, including hospital stays, surgeries, and ongoing therapy.
Whether you're dealing with broken bones, severe injuries, or other car accident injuries, we work to ensure that your insurance coverage addresses these costs. We fight for you to receive the full amount of medical expenses incurred as a direct result of the drunk driving crash.
Lost Wages
In addition to covering medical expenses, you may also be eligible for compensation for lost wages if your injuries prevent you from working. This includes any income you’ve lost due to missed work and the potential for future lost earnings if your injuries impact your ability to work long-term.
We understand that the financial strain from lost wages can be significant, and our team strives to recover compensation that reflects the full extent of your economic losses.
Pain and Suffering
Suffering emotional distress and pain from a drunk driving accident can be as debilitating as physical injuries. Compensation for pain and suffering addresses the physical and emotional toll of the accident, including anxiety, depression, and loss of enjoyment of life.
Our drunk driving accident attorneys at Calvert Law Firm are skilled in quantifying these non-economic damages to ensure you receive the maximum compensation possible for your suffering.
Property Damage
Drunk driving accidents often result in significant damage to your vehicle and personal property. Compensation for property damage covers the costs of repairing or replacing your vehicle, as well as any other personal belongings damaged in the accident.
We work closely with insurance companies to ensure that you are fairly compensated for the full extent of the property damage caused by the drunk driver.
Future Medical Expenses
For those who face long-term recovery or ongoing medical treatment, future medical expenses can be a major concern. Compensation for future medical expenses includes projected costs for ongoing treatments, therapies, and any future medical needs related to the drunk driving accident. We collaborate with medical experts to estimate these costs accurately and include them in your compensation claim.
Punitive Damages
In cases where the drunk driver’s behavior was particularly egregious, punitive damages may be awarded. These damages go beyond compensating for direct losses and aim to punish the at-fault driver’s reckless behavior, serving as a deterrent for future misconduct.
While punitive damages are less common, our experienced OKC drunk driving accident lawyers at Calvert Law Firm will pursue them if applicable to your case to ensure that justice is served.
Factors That Affect the Value of a Drunk Driving Accident Claim
When you’re involved in a drunk driving accident, several factors can impact the value of your claim. At Calvert Law Firm, we understand the complexities of these cases and are committed to helping you recover the compensation you deserve. Here are key elements that can influence your claim:
Severity of Injuries
The extent of your injuries plays a crucial role in determining the value of your claim. Severe injuries, such as broken bones, traumatic brain injuries, or spinal cord damage, typically result in higher compensation due to increased medical expenses and long-term impact.
At Calvert Law Firm, we work with medical professionals to accurately document your injuries and future medical needs. This helps in building a strong case to secure fair compensation for your pain and suffering.
Medical Expenses
Medical expenses encompass all costs related to treating your injuries from the drunk driving crash. This includes hospital bills, surgical costs,
ongoing therapy, and any future medical treatments you might need.
If you’re facing substantial medical bills due to the drunk driver’s reckless behavior, you’ll need to provide detailed records of these expenses to your drunk driving accident attorney. We help you gather and organize this documentation to strengthen your claim and ensure you receive the maximum compensation possible.
Insurance Coverage
The insurance coverage of the at-fault driver, as well as your own, can significantly affect the value of your claim. In Oklahoma City, drunk driving accidents may involve complex insurance negotiations, especially if the at-fault driver is underinsured or uninsured. Your insurance company might also play a role in the recovery process.
Our team of drunk driving accident lawyers is skilled at negotiating with insurance adjusters to secure fair compensation and ensure that you receive the coverage you are entitled to.
Impact on Your Daily Life
The impact of the drunk driving accident on your daily life can influence your compensation. If your injuries result in long-term disability or prevent you from working, your claim value will include compensation for lost wages and diminished quality of life.
We evaluate how the accident has affected your personal and professional life and advocate for compensation that reflects these significant changes.
Contributory Factors
Factors such as the drunk driver's blood alcohol concentration (BAC) and their driving history can also affect your claim. In situations where the drunk driver was visibly intoxicated or had a history of repeat offenses, you will likely have a stronger case.
Our legal team investigates all aspects of the accident scene and driver behavior to build a compelling case against the at-fault driver and their insurance company.
Evidence and Documentation
The strength of your claim heavily relies on the evidence and documentation collected following the accident. This includes police reports,
witness statements, and evidence of property damage.
At Calvert Law Firm, we meticulously gather and analyze all relevant information to support your claim. We know how to make sure all available evidence is collected and used to strengthen your claim.
What are the Legal Options for Drunk Driving Accident Victims in Oklahoma City?
In Oklahoma City, drunk driving accident victims have several legal options. Here’s a brief overview:
- Civil Litigation: You can pursue a civil lawsuit against the intoxicated driver for damages related to car accident injuries, such as medical expenses, lost wages, and pain and suffering. Most of the time, these claims will result in a settlement without having to go to trial.
- Dram Shop Laws: If the drunk driver was served alcohol at a bar or restaurant, you might be able to pursue a claim under Oklahoma’s Dram Shop laws.
- Wrongful Death: If a loved one has died due to a drunk driving accident, you may file a wrongful death lawsuit to recover damages for their suffering and loss.
Frequently Asked Questions on Oklahoma City Drunk Driving Accident Cases
How long do I have to file a drunk driving accident claim?
You typically have two years from the date of the drunk driving accident to file a claim. This time limit is crucial for recovering compensation for your injuries and other damages. If you’re unsure about the specifics, our drunk driving accident lawyers in Oklahoma City can provide guidance during a free consultation.
What if the drunk driver’s insurance coverage is insufficient?
If the drunk driver’s insurance coverage is inadequate to cover your damages, you might pursue additional compensation from your own insurance company, especially if you have underinsured motorist coverage. Our team of drunk driving accident attorneys can help you explore all avenues to maximize your compensation.
Can I recover compensation if I was partially at fault for the accident?
Oklahoma follows a comparative negligence law, which means that you can still recover compensation even if you were partially at fault for the accident. However, your compensation will be reduced in proportion to your degree of fault.
