Civil Claims Are Separate From Criminal Charges
A drunk driver may face criminal DUI charges, but that is a separate matter from your right to compensation. Even if the criminal case results in a plea or light sentence, you can still pursue a civil claim for your injuries. A conviction can help prove negligence, but you do not need one to recover.
Punitive Damages and Dram Shop Liability
Because drunk driving is reckless, Oklahoma law may allow punitive damages designed to punish the wrongdoer beyond your actual losses. In some cases, a bar or restaurant that served a visibly intoxicated person who then caused a crash can also be held responsible under Oklahoma dram shop principles. Identifying every responsible party — the driver and any commercial provider of alcohol — can significantly increase available compensation.
Compensation Available to Victims
You may recover medical expenses, future care, lost income, property damage, and non-economic damages for pain and suffering. In a fatal crash, surviving family members may bring a wrongful death claim under Okla. Stat. tit. 12, § 1053. Oklahoma's non-economic damage cap was struck down in 2019, so serious claims are not artificially limited.
Oklahoma Deadlines
Oklahoma's two-year statute of limitations under Okla. Stat. tit. 12, § 95 generally applies. Acting promptly helps preserve toxicology results, surveillance footage, and witness testimony.
Injured in Oklahoma? Get a free, confidential case review today. There's no obligation, and you pay no fee unless you win. Call 973-566-5599.
Frequently Asked Questions
Yes. A criminal DUI case and your civil injury claim are separate. You can pursue compensation regardless of the criminal outcome, and a conviction can support your case.
Sometimes. Under Oklahoma dram shop principles, an establishment that served a visibly intoxicated person who then caused a crash may share liability.
Often, yes. Because drunk driving is reckless, Oklahoma law may allow punitive damages on top of compensation for your actual losses.
This page is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Oklahoma attorney.