Drunk Driving Accident Attorneys
According to the Oklahoma Highway Safety Office, alcohol-related crashes injure roughly 2,500 people in the state each year. If you or a loved one has been injured in a drunk driving accident, you may file a claim for compensation.
At Federman & Sherwood, we passionately believe in the rights of accident victims and make it our mission to get you every dollar you deserve in compensation. We always try to walk a mile in our clients’ shoes to understand their situation. You can count on us to provide you with determined legal representation while we work to hold the responsible party accountable.
Federman & Sherwood is located at 10205 N Pennsylvania Ave, The Village, OK 73120, between Interstates 40 and 344. Call us today at (800) 237-1277 to schedule a free initial consultation with a drunk driving accident lawyer.
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When clients hire us, they know that they are getting an attorney who has spent time in the courtroom and knows how to handle their case. One client writes: “The attorneys of Federman & Sherwood bring many years of experience in many types of litigation. I highly recommend!”
Drunk Driving Accident Victims May Be Entitled to Compensation
You may think that criminal charges are the only consequences that a drunk driver faces from a crash that injures you. As a drunk driving accident victim, you have the same legal entitlement to financial compensation as any other person who was hurt in the crash. If you are able to show that a driver was reckless or negligent, they have the legal responsibility to pay you full compensation.
Just because a driver was intoxicated at the time of the crash does not mean that they are automatically responsible to you in a civil lawsuit. You must still point to a specific action that they took that departed from the duty of care that they owed you, such as causing an accident by speeding or reckless driving.
There Are Two Parallel Legal Processes in a Drunk Driving Accident Case
The drunk driving civil lawsuit process is largely separate and distinct from the criminal charges that the driver faces. Here, there is a lower standard of proof that you must meet than the burden that the prosecutor carries. It is possible to receive a settlement, even if a driver is never convicted of the charges. At the same time, a conviction does not automatically mean that you are entitled to money. The only way that the results of the criminal case can come into play for your civil lawsuit is when the driver pleads guilty to a DUI charge (they almost always plead no contest for this exact reason).
You cannot count on the prosecutor involved in the case to give you any help because that is not their job. You need someone to look out for your own interest, and that is the exact role that a drunk driving accident lawyer performs.
“As your lawyer, I make it my mission to protect your legal rights and work to maximize your drunk driving accident compensation.” Oklahoma drunk driving accident attorney J.T. Sherman.
Does it Matter Whether I Can Prove That the Driver Was Drunk?
Unlike a criminal drunk driving case, the issue does not revolve around whether the motorist was intoxicated. Instead, the only thing that you need to prove is that the driver did something unreasonable under the circumstances. Accordingly, you do not have an obligation to prove that the driver was drunk to qualify for compensation.
Nevertheless, it may help your case and your negotiating position if you have evidence that shows drunk driving. Law enforcement will likely not readily share the evidence that they have with your drunk driving lawyer. As such, your drunk driving attorney may need to subpoena test results through the court process. You may be able to obtain results from the following:
- Field sobriety test
- Chemical blood tests
- Breathalyzer exams
Your Damages in a Drunk Driving Civil Case
Like any car accident case, you are entitled to be paid for all of the damages that you have suffered whether they are direct financial losses or the intangible effects of your injuries. You can receive payment either through an insurance claim or a jury award. Regardless of how you get your money, you are entitled to be paid for the following:
- Medical expenses
- Lost wages
- Pain and suffering
- Scarring and disfigurement
- Embarrassment and humiliation
- Wrongful death damages (if a family member was killed in the accident)
Although punitive damages are rare in a motor vehicle accident case, they are more likely to be awarded when drunk driving was involved. The insurance company is obligated to pay these damages when they are awarded by a jury. This prospect alone gives you more leverage in settlement negotiations when you have a drunk driving accident attorney who knows how to use it. The insurance company may be very afraid of taking you on in court, knowing that they can fare poorly in front of a jury.
Contact an Oklahoma Drunk Driving Accident Law Firm
You can work to obtain justice when you or a loved one has been injured in an accident with a drunk driver with the help of the attorneys at Federman & Sherwood. Call us today at (800) 237-1277 or message us through our website to schedule a free initial consultation.