Major League Soccer Player Sues Nightclub and Red Bull
October 31, 2011
Here’s one you don’t hear about everyday:
DC United’s Charlie Davies Sues DC Nightclub, Drink Company Red Bull Over Car Crash
The professional soccer player claims that the bar and Red Bull overserved, and continued to overserve a woman alcohol. The woman has since pled guilty to involuntary manslaughter and drunken driving for the 2009 car accident.
This type of case is referred to as a “dram shop liability” case. Basically, restaurants and bars have a duty to stop serving people that are noticeably overly intoxicated. Otherwise, they contribute to drunk driving and the car accidents they cause.
The big problem I see with Mr. Davies’ case?
If this were in Oklahoma, an insurance defense attorney would definitely want to point out that Davies was hanging out with the woman that caused the accident. So, Davies should have known the risk of getting in the car with someone that was heavily intoxicated. This is known as “assumption of risk.”
Car Insurance Company Disclosing the Policy Limits
May 17, 2011
Why won’t the insurance company tell me what kind of policy their driver has? I want to know how much coverage they have.
Simple: they aren’t required to tell you the policy limits. Insurance policy limits are discoverable after a lawsuit is filed. Some insurance companies will go ahead and disclose this before suit is filed, others won’t though.
Attorney settled without client permission?
May 10, 2011
My attorney just called and said that my settlement check should be here next week. I NEVER even knew there was a settlement offer. I certainly never accepted that number. I don’t think it’s a fair dollar. What should I do?
Assuming what you say is true, you should contact the Oklahoma Bar Association (OBA). The phone number for the ethics counsel at the OBA is (405) 416–7055. You should first contact your attorney to have him or her explain to you what is going on. The decision to settle your case is yours to make.
Waiting to file a car accident lawsuit – how long?
May 9, 2011
I felt awful for months on end after the car accident. Is it too late for me to get the other driver’s insurance company to pay for my medical bills? I also missed several months of work. Will they be able to reimbursement for that?
You didn’t actually say when the date of the accident was. In Oklahoma, the statute of limitations for car accidents is generally two years from the date of the accident. There are certain exceptions if there is a governmental entity involved. The statue limitations will also generally be longer if you were a minor at the time of the accident.
Your car accident, or personal injury claim consists of your medical treatment and bills, any lost income that you can prove, and your pain and suffering. So, if you (or your attorneys) are able to prove liability, you should be able to recover for those three things.
How long will a car accident case take?
May 6, 2011
I’m afraid the insurance company won’t do anything unless I sue them. How long will this take?
First off, the lawsuit will actually be against the at-fault driver. His or her insurance will be the one defending the case. Any jury involved won’t be allowed to know which insurance company it is let alone if the driver even has insurance. This is a very common misconception. People often assume that if they’re not told the driver has insurance, that he or she doesn’t have it. In all likelihood the driver has insurance. After all, most people can’t afford to pay car accident defense lawyers. These attorneys are generally employees, or “in-house” counsel for the insurance company.
Assuming negotiations have failed, a lawsuit will likely take at least six months to a year or more to complete. Remember that filing a lawsuit doesn’t mean that the case will actually go to trial. Cases settle all the time before going trial.
Where can an Oklahoma car accident victim sue?
February 13, 2009
This is almost always a non-issue. With I-35 running through our great state, accidents with out-of-staters do happen.
Example: Someone from Texas rear-ends you here in Oklahoma City. So, where can you bring a case against someone that doesn’t reside in Oklahoma that caused the car accident?
In Oklahoma, “venue” in car accident cases is in the county where any defendant may be served or the accident (damages) occurred. This means, that in our example, suit could be brought where the accident/injury occurred or where we can get service on the defendant.
