Surviving a serious car accident caused by a drunk driver’s gross negligence can leave you feeling devastated. Coping with the painful aftermath of an accident is difficult, and knowing that it was preventable can add to the traumatic feelings that come along with it.
The police manage the criminal aspect of a crash, but pursuing justice and accountability through a civil lawsuit helps prevent reckless drivers from committing these actions in the future. Retaining a LaCourse Law car collision attorney who has experience handling drunk driving car accidents in Broken Arrow could help you obtain compensation for the emotional and medical care you require.
Following a car accident involving an intoxicated driver, you may pursue a civil claim for personal injury. Pursuant to Oklahoma Statutes § 76-1, drivers have a duty to act with reasonable care to avoid harming others. Driving under the influence of alcohol is a level of misconduct that transcends ordinary negligence, per O.S. § 47-11-902. This carelessness is classified as gross negligence under O.S. § 25-6, or reckless disregard for the rights and safety of others.
To establish gross negligence in a drunk driving car crash claim in Broken Arrow, it is essential to have an attorney who knows how to prove the full gravity of the impaired driver’s choices. This evidence can include blood alcohol content, prior convictions, and witness testimony.
You have a two-year time frame from the date of the accident to file a lawsuit. You may lose your right to seek compensation if you miss this deadline. Our attorneys could help you manage your filings and gather the evidence necessary to prove the driver’s gross negligence.
In addition to the typical economic and non-economic compensation awarded for medical costs and lost wages, you may be able to recover punitive damages. These are special damages that compensate you for your severe injuries and mental anguish in cases where the driver acted with reckless disregard or malice. Under O.S. § 23-9.1, punitive damages are intended to punish the drunk driver and deter others from committing similar conduct.
If a jury finds clear and convincing evidence that a driver acted with reckless disregard for your safety, you may receive punitive damages. These awards come with legal caps or limits that depend on the driver’s conduct. In cases of reckless disregard, punitive damages may not exceed $100,000. If malice is determined, this cap increases to $500,000. Having an attorney who understands how to categorize the intoxicated driver’s conduct could help you maximize your overall recovery in your Broken Arrow car wreck claim.
Aside from the physical pain of your injuries and lingering emotional trauma, you must deal with the reality that another driver chose to take a risk that endangered your life. Do not leave this reckless driver solely under the authority of the criminal justice system. You should make every avenue of the law work for you by pursuing the maximum claim for civil compensation.
At LaCourse Law, our attorneys know how to coordinate with local prosecutors to pursue justice after drunk driving car accidents in Broken Arrow. We could fight to get you the compensation you deserve. Call us today for your free consultation.
(918) 744-7100