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Oklahoma City Drunk Driving Injury Lawyers
Strong advocacy when an intoxicated driver crashes into your car in Oklahoma
If you were hit by a drunk driver in Oklahoma City, you may be able to recover compensation for your medical bills, lost income, pain and suffering, vehicle damage, and possibly punitive damages.
In 2023, 179 people were killed in Oklahoma in crashes involving a driver with a BAC of .08 or higher, showing how serious alcohol-impaired driving remains across Oklahoma roads like I-35, I-40, I-44, and the Kilpatrick Turnpike.
Cunningham & Mears helps injured drivers and families in OKC pursue compensation after drunk driving crashes caused by reckless, intoxicated, or drug-impaired motorists.
Key takeaways
- After a drunk driving accident, call 911, get medical care, document the scene and injuries with photos, gather witness information, avoid admitting fault, and speak to a DUI accident lawyer before talking to insurance companies.
- A driver is legally drunk in Oklahoma if their blood alcohol concentration (BAC) is .08% or higher, or if alcohol has made them unable to safely drive, regardless of BAC.
- Drunk driving crashes are a leading cause of deaths and serious injuries in Oklahoma, routinely making up about a quarter of all traffic fatalities statewide.
- Signs the other driver in an accident was drunk include slurred speech, smell of alcohol, stumbling, admitting to drinking, and irrational behavior.
- You can still recover compensation in a civil lawsuit even if the drunk driver is not convicted in criminal court.
- Multiple parties can be liable for a drunk driving accident, including the driver, employer, vehicle owner, or bars or restaurants that overserved alcohol.
- How much your drunk driving case is worth depends on how severe your injuries are, the amount of your medical expenses and lost wages, the insurance coverage limits, and how strong your evidence is.
- You usually have two years from the date of the accident to file a lawsuit for injury or wrongful death.
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Table of contents
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- When is a driver in Oklahoma considered drunk?
- How dangerous is drunk driving?
- Where do drunk driving crashes happen in Oklahoma City?
- What Oklahoma laws matter after a drunk driving crash?
- What types of injuries do alcohol and drug-related accidents cause in Oklahoma City?
- What makes DUI cases different?
- Criminal vs civil cases in DUI-related accidents
- What should I do after a drunk driving accident in Oklahoma City?
- How much is a drunk driving accident case worth in Oklahoma?
- What compensation can I recover after a drunk driving accident in Oklahoma City?
- How do your OKC car accident lawyers fight for drunk driving accident victims?
- What happens after you hire a drunk driving accident lawyer?
- Who is liable for a drunk driving accident in Oklahoma City?
- What are the signs that the other driver was drunk?
- Frequently asked questions
- Do you have an Oklahoma City drunk driving accident lawyer near me?
When is a driver in Oklahoma considered drunk?
Driving under the influence (DUI) of drugs or alcohol is illegal in Oklahoma. Drivers with a blood alcohol concentration (BAC) of .08 or greater will be charged with a DUI offense. When drivers have a BAC of between .05% and .07%, they may be guilty of a charge of driving while impaired (DWI). Drivers under 21 are subject to separate alcohol-related driving laws in Oklahoma, and even a lower BAC than the adult .08 threshold can lead to charges or penalties.
The NHTSA states that drivers with a .08 BAC exhibit short-term memory loss, reduced concentration, difficulty controlling their speed, reduced ability to process information, and impaired perception. Their muscle coordination is poor. It’s harder to detect dangers. Judgment and reason are harmed.
At Cunningham & Mears, our Oklahoma City drunk driving lawyers get information from the police and the prosecution to show what the driver’s BAC was at the time of the accident. In some cases, if the defendant is found guilty of a DUI or a DWI, the insurance company may be more likely to concede liability, allowing your case to revolve around your damage claim. But even if the driver has a lower BAC, it doesn’t mean you cannot get justice.
How dangerous is drunk driving?
Drunk driving is extremely dangerous and remains a leading cause of traffic deaths and serious injuries both in Oklahoma and nationwide.
- There were 3,384 impaired driving arrests statewide in Oklahoma in FY2024.
- In Oklahoma in 2023, there were 718 total traffic fatalities.
- 179 of those fatalities in Oklahoma involved a driver with a BAC of .08 or higher.
- About 25% of all traffic deaths in Oklahoma in 2023 were linked to alcohol-impaired-driving crashes.
- 186 fatalities in 2022 in Oklahoma involved a driver or operator with a BAC of .08 or higher.
- Nationally, in 2023, 12,429 people were killed in alcohol-impaired-driving crashes, accounting for 30% of all U.S. traffic fatalities.
The death rate for drug and alcohol-related crashes in Oklahoma, as well as across the country, is a major public health concern.
Where do drunk driving crashes happen in Oklahoma City?
Drunk driving crashes in Oklahoma City often happen on major roads and high-speed corridors like I-35, I-40, I-44, the Kilpatrick Turnpike, Northwest Expressway, and busy local roads near nightlife, events, and weekend traffic. Crashes can also happen near entertainment districts, bar-heavy areas, and major intersections where impaired drivers make poor decisions at speed.
What Oklahoma laws matter after a drunk driving crash?
If you are involved in a drunk driving crash, there are a few state laws that you should know about:
- DUI laws: You can't drive if your blood alcohol content is 0.08% or greater. It's also illegal to drive if you're impaired and your BAC is less than .08.
- Dram shop laws: These say that bars, restaurants, and other places that offer alcohol can be held accountable if they serve someone who is obviously drunk or underage and that person hurts someone in a traffic accident.
- Comparative negligence: If you're partly to blame, you can still get damages as long as you're not more than 50% to blame. However, your percentage of the blame will lower your payment.
- Two-year statute of limitations: Most claims for drunk driving accidents must be filed within two years of the crash.
Following these rules can help you make a good case and get the money you deserve.
What types of injuries do alcohol and drug-related accidents cause in Oklahoma City?
Drunk and drugged driving often causes serious and catastrophic injuries because impaired drivers often engage in risky behaviors such as speeding, distraction, and poor decision-making. Tragically, many drunk driving accidents are fatal.
Some of the different types of injuries our personal injury lawyers handle include:
- Traumatic brain injury
- Spinal cord injury
- Traumatic amputations and loss of limbs
- Burn injuries
- Fractures
- Internal organ damage and internal bleeding
- Shoulder, neck, and back injuries
- Loss of hearing or vision
- Nerve, ligament, muscle, and tissue damage
- Scarring and disfigurement
Our Oklahoma City drunk driving lawyers work with your physicians and our network of physicians to show what injuries you have, what treatments you’ll need, the cost of your medical care, and every way your injuries affect your ability to function and enjoy your life.
What makes DUI cases different?
DUI injury cases come with special challenges and opportunities. Unlike typical car accidents, there’s often evidence, like arrest reports or breathalyzer results, proving the other driver broke the law and acted irresponsibly. These cases can allow injured victims to seek punitive damages (additional money intended to punish wrongful acts) because driving under the influence is particularly dangerous and reckless.
Additionally, intoxicated drivers often face more resistance from insurance companies trying to avoid full payment due to the client’s criminal charges or denial of responsibility. Your attorney must be proactive in collecting police evidence, securing witness testimony, and using criminal findings to strengthen the civil case for compensation.
The existence of a DUI charge can work in your favor, but it isn't always automatic proof, meaning legal experience matters even more.
Criminal vs civil cases in DUI-related accidents
There are two sides to many DUI-related accidents: the criminal and the civil.
Criminal case: The criminal system punishes the driver who was at fault for drunk driving by putting them in jail, making them pay fines, taking away their license, or making them go to treatment. The state brings this action, rather than a victim who the driver hit.
Civil case: A civil case is brought by the victim, not the state. The goal is to obtain compensation for injuries and losses. This usually includes medical expenses, lost wages, vehicle repairs, and emotional losses like pain and suffering.
Both processes are separate; the government can pursue a conviction whether or not you file a lawsuit. You don’t need a criminal conviction to recover damages in a civil claim, but criminal evidence can help prove the driver’s fault.
Working with a personal injury lawyer familiar with DUI legal strategy is essential if you want full compensation.
What should I do after a drunk driving accident in Oklahoma City?
After a drunk driving accident in Oklahoma City, your actions in the first few days are critical. Get medical care, call the police, document everything you can, and avoid giving statements or accepting insurance settlements before you’ve consulted a lawyer.
DUI crashes are complex and may lead to both criminal charges and additional civil damages, so preserving your rights from the start is important.
How much is a drunk driving accident case worth in Oklahoma?
The amount a drunk driving accident is worth depends on the facts of the case. It could be worth anywhere from thousands to hundreds of thousands of dollars or more.
For example, cases involving surgery, permanent injury, traumatic brain injury, spinal damage, or wrongful death are usually worth more than minor-injury claims.
What compensation can I recover after a drunk driving accident in Oklahoma City?
If you’ve been injured by a drunk driver in Oklahoma City, you may be entitled to different types of compensation through a personal injury claim. Here’s how these can break down:
Economic damages
These compensate for the actual financial losses caused by the accident.
- Current and future medical expenses
- Lost income
- Future lost wages
- Loss of earning capacity
- Car repair or replacement
- Other out-of-pocket expenses related to your injury
Non-economic damages
These cover the more personal losses that don’t have a dollar amount on a bill.
- Pain and suffering
- Emotional distress
- Reduced quality of life
- Permanent disability
- Scarring or disfigurement
Punitive damages
In some cases, punitive damages may be awarded on top of other compensation. This is because drunk driving is seen as especially reckless or dangerous conduct, and these damages punish the wrongdoer while sending a message to others.
How do your OKC car accident lawyers fight for drunk driving accident victims?
Our Oklahoma car accident lawyers fight hard for drunk driving accident victims, regardless of whether the at-fault driver faces criminal charges or a conviction. If we can prove that the other driver was negligent, you can still recover compensation for your injuries and losses.
- We pursue payment for emergency medical care, surgeries, hospital stays, physical therapy, ongoing treatment, psychological support, and future healthcare needs.
- Claims for compensation can include pain and suffering, lost wages, lost employment benefits, the cost of repairing or replacing your car, and a reduced standard of living.
- If someone dies in a drunk driving accident, we pursue wrongful death damages to cover the costs of the funeral and burial, the loss of companionship, and the tremendous emotional grief the family feels.
In cases of drunk driving, we also push for punitive damages to hold the drunk driver fully accountable.
What happens after you hire a drunk driving accident lawyer?
- Case review and evidence collection
Your lawyer will review your case and determine if they think you have a claim. They’ll review evidence such as police reports, toxicology reports, your damages, medical records, and video footage, and speak with witnesses.
- Medical documentation and damages review
Your lawyer will collect all of your medical documentation, including your bills. They can also obtain evidence of your typical monthly wages to prove that you are missing out on significant income while you’re injured.
- Insurance claim and settlement demand
Your lawyer prepares a detailed insurance claim, gives the insurance company evidence, and tries to come to a reasonable settlement with them.
- Filing a lawsuit if needed
If the insurance company refuses to pay a reasonable amount, your attorney can take your case to court to fight for the compensation you deserve.
- Settlement or trial
Most of the time, lawsuits are settled, but if you can't reach an agreement, your lawyer will take the case to court and try to get you a verdict that accurately accounts for your losses.
Who is liable for a drunk driving accident in Oklahoma City?
The drunk driver is usually the main liable party, but they may not be the only one. Depending on the facts, an employer, vehicle owner, bar, or restaurant may also share responsibility for a drunk driving crash in Oklahoma City.
The drunk driver
Generally, the person who was operating the vehicle is the clearly liable party in a drunk driving accident. However, that doesn’t mean other parties can’t also be partially responsible.
Employers
If the at-fault driver was working at the time of the crash, their employer could be liable under the principle of "vicarious liability." Even if the employer didn’t do anything directly negligent, they could still be on the hook.
Vehicle owners
If someone other than the driver owns the car and allows an impaired person to use it, the vehicle owner could be held liable, especially if they knew or should have known the driver was intoxicated or unfit to drive. This is called negligent entrustment.
Bars and restaurants (Dram shop claims)
Under Oklahoma’s Dram Shop law, an establishment that sells or serves alcohol can be held liable if it provided alcohol to someone who was "obviously intoxicated."
If that intoxicated person then causes an accident, victims may pursue claims against the bar, restaurant, or hotel, not just the drunk driver. This applies as well if alcohol was served to an underage person.
Example: If a bartender knowingly keeps serving someone who slurs their words or is visibly unable to function, and that drunk person later causes a crash, the bar’s insurance may be held responsible too.
What are the signs that the other driver was drunk?
Common signs of a drunk driver include swerving, drifting between lanes, speeding, driving too slowly, delayed braking, running red lights, and poor judgment behind the wheel. After a crash, signs may also include slurred speech, the smell of alcohol, bloodshot eyes, confusion, or stumbling.
So, if you see any of the following, you should consider that the other driver might have been intoxicated:
- Swerving or weaving
- Driving the wrong way
- Tailgating
- Delayed reaction to the lights
- Sudden braking
- Slurred speech
- Odor of alcohol
- Trouble standing or walking
Frequently asked questions
Can I sue a bar that served the drunk driver?
You may be able to sue the bar that served the drunk driver. You’ll need to show that the bartender overserved them after they were visibly intoxicated. You’ll also have to prove that the driver caused the accident because they were intoxicated.
How do I prove the other driver was drunk?
Evidence that the other party was drunk generally includes police reports, chemical test results, witness accounts, camera footage, the driver's own admission, and anything else that can be useful in proving your case.
Do I need the drunk driver to be convicted to win my case?
There is no requirement that the drunk driver be convicted in criminal court for you to win your civil case. You can still recover money for your injuries and damages in civil court, even if you are found not guilty or no charges are brought. You have to show that they were negligent and caused your injuries and damages.
What if I was partially at fault in the accident?
Oklahoma's comparative negligence laws state that you can still get damages as long as you are less than 51% at fault. However, the amount you get will be reduced by your percentage fault.
What if the drunk driver had no insurance?
If the drunk driver didn’t have insurance, you can try to make a claim with your own underinsured/uninsured motorist coverage. Alternatively, you can sue them personally. However, sometimes people don’t have insurance because they can’t afford it, which means they likely don’t have assets you can recover, even if you win the case.
Do I need a lawyer after a drunk driving accident in Oklahoma City?
If you were seriously injured, missed work, have ongoing treatment, or the drunk driver was uninsured or underinsured, it is usually worth speaking with a lawyer. DUI crashes often involve more evidence, more damage, and more legal complexity than a routine fender-bender.
Do you have an Oklahoma City drunk driving accident lawyer near me?
Cunningham & Mears has two offices located in Oklahoma City. Our drunk-driving lawyers meet clients at the following offices:
- 5104 N Francis Ave., Suite 102, Oklahoma City, is located just a 4-minute drive from Penn Square Mall, with plenty of parking nearby.
- 9428 Westgate, Suite 102B, in the Brookhaven West part of Oklahoma City, just a short walk from Resurrection Cemetery and off the Northwest Expressway.
There’s plenty of public transit and parking nearby. If you are too ill or immobile, we can make alternative arrangements to meet at your home or in the hospital. We also conduct video conferences by appointment.
Our team understands how anxious and concerned you are about your health and your ability to pay your bills. We have a strong record of insurance settlements and verdicts in personal injury and wrongful death cases.
Contact an Oklahoma City drunk driving accident attorney with proven results
At Cunningham & Mears, our lawyers guide you through all aspects of your accident claim, from finding the right medical providers and treatments to dealing with insurance adjusters and filing complaints against the drunk driver for personal injury or wrongful death. If you were injured or a loved one was killed in an accident, our Oklahoma City drunk driving lawyers are here to fight hard for you. To learn more about our services and proven results, call us or complete our contact form today to schedule a free initial consultation.
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