Portland serves up plenty of opportunities for a fun night on the town. Whether you get together for a happy hour at one of the pubs on the Central Eastside or at hitting the clubs in downtown, there are plenty of inviting venues to kick back and relax in.
When going out with friends for a night of adult beverages, the plan should always include a designated driver. These days, that driver can be a rideshare that can get you home safely. What happens if someone indulges too much and gets behind the wheel of their car? That is a recipe for disaster, and it can lead to car accidents on the road.
Despite all the warnings, drunk driving accidents continue to plague cities and communities across the country. According to data from the National Highway Traffic Safety Administration (NHTSA), an average of 37 people die each year from accidents involving drunk drivers.
In their most recent study, the Oregon Department of Transportation (ODOT) found that 470 people died or were injured in crashes involving impairment. That represents around 39% of all traffic-related fatalities that occur in the state.
Beyond the alarming statistics, every victim of a drunk driver can suffer from devastating physical injuries, including the following:
In addition to the physical injuries, there is an emotional impact. In the weeks and months after a drunk driving accident, it is not uncommon for victims to experience post-traumatic stress disorder (PTSD), depression, anxiety, and a general sense of hopelessness.
A victim can relive the accident on a loop in their mind, which causes distractions and discomfort that can impact their relationships and work.
All the expenses, pain, and suffering can be part of a settlement for a DUI accident.
This is where the support of experienced DUI attorneys, like those at the Dozier Law Group, can prove invaluable. We have helped many victims of drunk drivers hold those drivers accountable for their actions. Our goal remains to put our clients’ needs first and to ensure they receive the maximum compensation they are due to make up for any losses.
With years of expertise in Portland and throughout Oregon, we navigate car accident laws with precision. Our proven results demonstrate our commitment to holding negligent parties accountable. Trust our team for effective representation in seeking justice for car accident victims.
In any car accident, it is essential to determine which driver was at fault. Sometimes there can be a dispute, especially after accidents at intersections, when one driver claims they thought they had the right of way. This is not the same as drunk driving accidents in Portland.
Oregon law holds a driver who is legally intoxicated primarily liable for negligence. This is referred to in the law as negligence per se. Once that is proven, the victims of the drunk driving accident can claim damages against the driver.
To be charged with a DUI, the driver would have a blood alcohol content (BAC) of .08 percent or above. For some people, it would only take one 12 oz. beer or 5 oz. glass of wine to be at .08. However, it is important to note that someone can still be arrested for driving impaired even if their BAC is below the legal limit. That would still make them liable.
A person who is driving when legally intoxicated is ultimately the one who bears the most liability in a drunk driving accident. However, there can also be additional parties named in a drunk driving accident claim. The Oregon dram shop laws would identify these.
Under this law, an alcohol provider such as a bar, restaurant, or nightclub can be held liable if it can be proven that they served alcohol to a visibly intoxicated person.
This law also extends to social hosts. That means if someone throws a party and a guest becomes intoxicated and is allowed to drink and then goes off and gets into an accident, that party host can be held accountable as a third-party entity.
The challenge comes in establishing whether someone knew the person was intoxicated. Obvious signs can include the following:
Dealing with the aftermath of a drunk driving accident can be traumatic on many levels.
You have to take care of your injuries, which could mean repeated trips to the doctor, surgery, hospitalization, and lost time at work. There is also the issue of your car.
If it can be repaired, you’ll need to get estimates, which isn’t easy, especially if it’s not drivable. If the car is totaled, you have to go through the process of buying a new car, which is a whole other category of stress.
All of those issues are tied to mounting financial expenses that you shouldn’t have to be responsible for. The drunk driver who caused that accident needs to pay.
It is important to note that your medical and car repair expenses are not the only damages for which you can be compensated. There are also non-economic damages. These would be associated with the pain and suffering you’ve had to endure as a result of the accident.
That pain and suffering includes things like loss of enjoyment, loss of consortium, and any disfigurement.
Finally, you can be entitled to punitive damages. This is a fine that the at-fault driver would pay for their obvious negligence. A jury typically awards punitive damages in a civil lawsuit.
It’s all part of the settlement for a DUI accident, and there are no caps for punitive damages in Oregon.
Yes, under Oregon’s dram shop laws, you may be able to sue an establishment if it served alcohol to a person who was visibly intoxicated. You must prove that the business or social host provided alcohol when the person was already impaired and that this impairment led to your injuries. These cases have strict notice requirements, so consulting a lawyer quickly is vital.
In Oregon, the statute of limitations for most personal injury claims resulting from a drunk driving accident is two years from the date of the crash. However, claims against government entities or dram shop notices may have much shorter deadlines, sometimes as little as 180 days. Failing to file within these windows can permanently bar you from seeking compensation.
Punitive damages are more common in DUI cases than standard car accidents because they are intended to punish particularly reckless behavior. In Oregon, you must prove ‘clear and convincing evidence’ that the defendant acted with a conscious disregard for the safety of others. An experienced attorney can help determine if the specific facts of your case warrant seeking these additional damages.
Getting involved in a car accident that is someone else’s fault can be extremely distressing and difficult to process. It is even worse when the at-fault driver was intoxicated. That adds a level of understandable anger. There might also be confusion about whether you should file an insurance claim with your carrier or the at-fault driver’s insurance company.
Should you sue?
Should you accept the first settlement offer?
These are all valid concerns that can be answered in a free consultation with Dozier Law Group.
We are a personal injury law firm with a proven track record of helping many Portland residents obtain fair remedies for their losses. We understand how challenging recovery from a devastating crash can be, especially when you’re worried about paying the bills.
Call to schedule your talk today. You don’t have to face a drunk driving accident aftermath alone.
