Ylla Gosney, Attorneys at Law helps car accident victims in Oklahoma City. One of the most common–and dangerous–kinds of car accident involve someone driving under the influence of alcohol or drugs. DUI is a huge problem, despite plenty of resources and laws in place to protect against it. If you or someone you care about has been injured or killed in a DUI car accident, contact our team today for a free consultation.
Should You Get a Lawyer?
Simply put, you should definitely get a lawyer if you’re hurt in a car accident caused by someone else driving under the influence. A DUI accident might be the same as any other car accident in the eyes of the law, but real-world aftermath is usually much more serious. Because of this, having our lawyers on your side can make a big difference. Our experienced team can help you by:
- Investigating the accident fully
- Proving the other driver was impaired at the time
- Gathering medical records and other evidence
- Explaining your rights and options
- Negotiating with insurance companies
- Filing a lawsuit if needed
Even DUI accidents can get complex. While you’re not required to have a lawyer in Oklahoma, the serious nature of these types of accidents is in your best interest. You have a lot to deal with, and working with our team can make things a bit easier for you and your family.
What’s the Claims Process After Being Injured in a DUI Accident?
Legally speaking, you have the same options after a DUI car accident as you would with any other. It’s all about filing an injury claim to help you recover certain “damages” from the driver that’s responsible. To do this, you generally have two options:
- Insurance claim – Filing a claim with the at-fault driver’s insurance company. This is often a faster way to get financial help, though insurance companies may try to pay out as little as possible.
- Lawsuit – Filing a civil lawsuit against the person at-fault is the next step after the insurance process–or you could even just go ahead and file the lawsuit first. While this option can take longer, it often provides a better chance for fair damages.
Whichever option you go with, you may be able to recover things like:
- Medical expenses – This covers your medical costs, including hospital bills, surgeries, and medications.
- Lost income – This covers any income you lose because you miss work because of your injuries. It can also extend to loss of future earnings if you can’t work anymore.
- Property damage – This covers the cost for repairs or replacement to your vehicle or other damaged property.
- Pain and suffering – This covers physical pain and discomfort resulting from the accident.
- Emotional distress – Similarly, this covers things like anxiety or depression after the accident.
- Reduced quality of life – These damages cover how the accident has affected your relationships and daily life.
- Wrongful death expenses – If your injuries are fatal, this includes costs related to your death, like funeral costs and emotional suffering your family goes through.
- Punitive damages – These are given in cases of extreme negligence, like DUI, to penalize the driver and warn against future offenses.
Keep in mind that the damages you can recover depend on the details of your accident and injuries. In Oklahoma, you have two years from the date of the accident to file your claim. If you miss this deadline, you won’t be able to file a claim for damages at all.
Who Pays For Damages in a DUI Car Accident?
A person driving under the influence is usually the main person responsible for paying for your damages in an accident they cause. This makes sense, because driving while impaired is one of the most straightforward examples of negligence.
That said, an often overlooked part of a DUI accident is others who might have to pay for your damages:
- Car owners – If a car owner lets an impaired person drive or doesn’t stop them, they could be held responsible.
- Other drivers – If other drivers were speeding or distracted during the accident, they might also share some blame.
- Homeowners – If someone serves alcohol or drugs at a party and an impaired guest drives afterward, the homeowner could be held liable.
- Bars and businesses – If a bar or some other business serves alcohol to someone who is drunk or underage, and that person causes an accident, the business could be held responsible.
- Local government – If poor road conditions or lack of maintenance cause the accident, the local government could be liable.
- Vehicle makers – If a vehicle or part is faulty and contributes to the accident, the manufacturer could be responsible.
Figuring out who pays for your damages in a DUI accident is still an important step in the process, but it doesn’t change the fact that just being involved in one of these accidents is incredibly frustrating. Still, that doesn’t change the fact that there are certain steps that you need to take to protect your claim.
What Can You Do to Protect Your Claim?
Even though a DUI accident seems clear-cut and the other driver is at fault, it doesn’t guarantee you’ll automatically receive financial support when you file a claim for your injuries and damages. You still have to show the extent of your losses, so to protect your claim, here’s what you need to do:
- Call 911 – Always call 911 for emergency services after a DUI accident. This will make sure that both the police and paramedics can assess the situation and provide medical care. Let them know if you suspect the driver is impaired, even if your injuries seem minor.
- Document everything – Gather evidence at the scene. Note the other driver’s behavior, any signs of intoxication (like alcohol smell or bottles), and any statements they make. This information will help strengthen your case.
- Work with police – Give a clear statement to the police about what happened and why you think the other driver was under the influence. The police will usually conduct DUI tests and arrest the driver if they’re intoxicated.
- Follow up with medical care – Even if you don’t go to the hospital by ambulance, see a doctor right after the accident. Medical records will link your injuries to the DUI accident, which is important for your claim.
By staying calm, focusing on your health and safety, and following these steps, you can protect your claim and give yourself the best chance of getting the result you need when you do file your claim.
What Are Some Common Injuries in DUI Accidents?
When a DUI accident happens, it often leads to severe damage due to higher speeds, reckless driving, and a lack of awareness from the impaired driver. While each accident is different, these are some typical injuries that can happen in a DUI accident:
- Head injuries (Traumatic brain injuries or concussions)
- Broken bones
- Spinal and neck injuries
- Torn ligaments and nerve damage
- Blunt force trauma
- Burns
- Severe cuts and bruises
- Emotional and psychological trauma
- Fatal injuries, in the worst case
No matter the type of injury, it’s important to take steps to protect and strengthen your claim. One of the best ways you can do this is by reaching out to our team at Ylla Gosney for support.
Free Consultations for DUI Accident Victims in Oklahoma City
If you’ve been hurt in a DUI accident in Oklahoma City, our team at Ylla Gosey is here to help. We provide personal attention and honest advice to support your claim and guide you through the legal process.
Contact us today for a free consultation to get the recovery process started.
