An Oklahoma drunk driving accident is a chaotic and scary thing to live through. In the aftermath of such a traumatic experience, it’s okay if you don’t know what to do next. First, take a deep breath. Then, follow these steps if you were injured by a drunk driver:
Contact the Police
The first thing to do after being hit by a drunk driver is to call the police and request emergency medical assistance. When the police arrive, make sure to provide as much detail as possible about what happened. While emergency medical personnel tend to your injuries, law enforcement officers can investigate the scene, document the accident, and potentially perform sobriety or chemical tests on the other driver to determine their level of impairment.
The official police report is critical evidence to show that the driver who hit you was impaired and caused the crash. Furthermore, if the police cite or arrest the other driver for DUI or DWI, it strengthens your case and makes it more challenging for their insurance to deny liability.
Collect Information from the Other Driver
Gathering information from the other driver is important, but your safety comes first. If you can, try to get the following:
- Their name
- Contact information
- Driver’s license number
- License plate number
- Insurance details
This information helps you build a stronger case and can assist your attorney in holding the drunk driver accountable. However, an impaired driver may be unpredictable, agitated, or angry. Approach them cautiously, and if you feel uncomfortable or unsafe, wait for the police to arrive.
Seek Medical Attention Immediately
You should get medical care immediately after an accident, even if you don’t think your injuries are severe. Prompt medical attention protects your health and provides documentation linking your injuries to the crash. If you delay seeking treatment, the at-fault driver’s insurance company might argue that your injuries were unrelated to the accident, making it harder for you to recover compensation.
On the other hand, a medical record from the same day of the crash can help establish that the injuries resulted from the accident, strengthening your claim against the drunk driver’s insurance company. A drunk driver injury attorney can use your medical records and other evidence to illustrate the full extent of your losses from the collision.
Document the Accident Scene
If you are physically able and not in danger, document the accident scene. Take photos or videos of your vehicle, the other car, and any visible injuries. Capture details such as skid marks, vehicle positions, and any nearby traffic signs or signals. If anyone else saw the crash, try to get their contact information as well. This evidence, along with help from a drunk driver injury lawyer, can provide valuable support for your case by showing the conditions of the crash and the immediate impact of the collision. For instance, an eyewitness might have seen the other driver weaving along the road before the crash.
Dram Shop/Liquor Liability
In addition to having a legal claim against the drunk driver, you may also have a claim against the party responsible for serving the drunk driver. Oklahoma’s dram shop liability law states that a bar owner or other commercial vendor of alcohol has a duty to use ordinary care not to serve alcohol to a person they know or reasonably should know is already intoxicated. If they violate this legal mandate, they can be held liable for the resulting injuries caused by a drunk driver.
Cain Law can explore if you have a viable dram shop liability claim that can maximize the value of your claim. Our law firm helped extend the dram shop liability law to convenience stores for off-premises consumption in the case Boyle v. ASAP Energy, Inc. If you think dram shop liability may play a part in your case, Cain Law can:
- Investigate whether your claim involves a liquor liability claim
- Investigate criminal charges against the at-fault driver
- Obtain the police report and criminal charges filed against the at-fault driver
- Investigate whether the at-fault driver purchased alcohol
- Determine if a bar, restaurant, liquor store, or convenience store served or sold alcohol to an underage or intoxicated driver
Contact Our Experienced Drunk Driving Injury Lawyers
Drunk driving in Oklahoma ruins countless lives every year, and injured victims often have trouble recovering fair compensation. Our drunk driver car injury law firm can investigate the crash and document your injuries to demonstrate the other driver’s liability. We will work hard to maximize your claim’s value. We’ll handle all the communication and settlement negotiations with the insurance companies so you can focus on getting better. In Pain Call Cain or reach out online for a free consultation.
