Miami, OK — Police say that driving while intoxicated caused a rollover accident in Miami, Oklahoma, on Saturday. The accident took place on County Road South 590.
Amber Cundiff reportedly lost control of her car, driving off-road and rolling over once before landing back on its wheels. Reports say that Ashley Rench, the only passenger in the car at the time, had come partially through the windshield.
Cundiff escaped the accident without being injured. Rench broke a leg and was taken to Freeman Hospital in Joplin, Missouri.
Police say that Cundiff was under the influence at the time of the accident and was taken to Ottawa County Jail after being released from the hospital.
Scene of the Accident
Commentary
It’s possible that the driver of the car was served liquor at a bar or restaurant before the accident occurred. And if she was served while visibly intoxicated, then the bar would share some of the liability for the accident. As the person who appears to have been truly wronged in this accident is the passenger in the car, Oklahoma law says that third parties involved in these sorts of accidents have a common law cause of action against those who serve alcohol to someone noticeably intoxicated. There are a lot of things in this accident that need to be examined in this accident, and who served the alcohol needs to be one of the first.
Yes, of course it was the driver of the car who made the choice to drink and then get behind the wheel of the car. She should be held accountable for that. But, if a bar was also involved in this, it isn’t fair for them to serve alcohol — i.e. make money — on someone they can see is drunk, and then after that person goes out and gets into a wreck, wash their hands of it and open up the next day like nothing happened. It’s sometimes the case that more than one person is responsible or an accident like this, and more than one person should be held responsible.
— Grossman Law Offices