Your Right to Justice After a DUI Death
When someone you love is killed by an impaired driver, the grief is overwhelming. The criminal justice system may—or may not—deliver accountability. But regardless of what happens in criminal court, Oklahoma law gives you the right to pursue a civil wrongful death claim against the person responsible.
Who Can Be Held Liable?
In Oklahoma, multiple parties may share responsibility for a DUI-related death:
- The Impaired Driver: Whether alcohol, drugs, or a combination—if impairment caused the crash, they are liable.
- Bars and Restaurants (Dram Shop Liability): Under Oklahoma law, an establishment that serves alcohol to a visibly intoxicated person can be held liable if that person causes a fatal crash.
- Social Hosts: In some cases, private individuals who provide alcohol to an obviously impaired person may also bear responsibility.
- Vehicle Owners: If the driver was using someone else's vehicle with permission, the owner's insurance may apply.
Damages in Oklahoma Wrongful Death Cases
Oklahoma's wrongful death statute (12 O.S. § 1053) allows surviving family members to recover:
- Medical and funeral expenses
- Lost income and future earning capacity of the deceased
- Loss of companionship, guidance, and consortium
- Mental anguish and grief
- Punitive damages (to punish especially reckless conduct)
Pedestrian Deaths: A Preventable Tragedy
Pedestrians have no protection in a collision with a motor vehicle. When an impaired driver strikes a pedestrian, the injuries are almost always catastrophic or fatal. These cases often involve:
- Failure to yield in crosswalks
- Speeding through residential areas
- Distracted driving combined with impairment
- Hit-and-run situations
We work with accident reconstructionists to prove exactly how the crash occurred and who is at fault.