Drunk Driving Accident Lawyer in Portland, Oregon

Representing Drunk Driving Accident Victims in Portland, Oregon

With the ease and inexpensiveness of rideshare apps, you would think that drunk driving would be less prevalent than it is.

However, the Foundation for Advancing Alcohol Responsibility has reported that over 13,000 people were arrested for driving under the influence in Oregon in a single year.

If you have been injured in a drunk driving accident or lost a loved one because of a drunk driver, you could be entitled to compensation under Oregon state law.

Get help recovering compensation for your economic and non-economic damages with former insurance defense and coverage lawyer turned personal injury attorney Richard Rizk of Rizk Law.

 

What to Do After a Drunk Driving Accident in Portland, Oregon

Knowing what to do after suffering injuries in a drunk driving accident can protect your health and your claim. You should:

• Call 911 and stay at the scene. The police can help determine whether the other driver is impaired.
• Seek medical care right away. Some injuries do not show symptoms until hours or days later.
• Avoid discussing fault with the insurance company. They could use anything you say against your claim.

 

Why Drunk Driving Crashes Are Different from Other Car Accidents

Drunk driving crashes often cause more severe injuries than typical accidents with sober drivers, since an impaired driver typically doesn’t brake or swerve to reduce the force of impact. In fact, driving under the influence caused 70 percent of all traffic deaths in Oregon in a recent year, according to the Oregon Department of Transportation (ODOT).

Along with more serious injuries, drunk driving accident victims tend to have higher expenses to deal with, making a fair financial recovery even more critical.

 

Common Injuries Victims Can Suffer in a Portland, Oregon Drunk Driving Accident

Despite decades of anti-drunk driving campaigns and public safety awareness, drunk driving is still a pressing issue in Oregon and throughout the United States.

The National Highway Traffic Safety Administration has reported that drunk driving still claims the lives of about 28 people every single day in the United States.

Victims hurt in drunk driving accidents often have higher expenses to deal with than most other car accidents.

This is because drunk driving accident victims typically suffer from more severe injuries than those involved in crashes with sober drivers. Drunk drivers cannot take evasive maneuvers in the moments before impact like a sober driver would, so DUII-related accidents tend to be more severe.

Victims of drunk driving accidents are liable to suffer a wide array of horrifying injuries, such as:

In certain circumstances, the driver may not be the only party to be found responsible for injuries victims sustain in a drunk driving accident.

Oregon Revised Statute ORS 471.565, also known as Oregon’s Dram Shop Law, makes it illegal for commercial providers of alcohol and social hosts to serve alcohol to people who are visibly intoxicated.

Anyone who serves alcohol to a person showing visual signs of being drunk could be held liable for any personal injuries caused by the intoxicated person.

 

Key Evidence We Use to Prove Drunk Driving in Car Accident Cases

It takes strong evidence to prove drunk driving in car accident cases. Under ORS 813.010, a driver is impaired at a blood alcohol content (BAC) of 0.08 percent or higher or when alcohol or drugs affect their ability to safely operate a vehicle.

Our experienced drunk driving accident lawyers can establish this by collecting:

• Arrest records and citations
• Breathalyzer and chemical tests
• Medical records and toxicology reports
• Receipts and bills showing the driver purchased alcohol
• Testimony from eyewitnesses and bar or restaurant staff

 

Who Can Be Held Accountable for a Drunk Driving Accident in Oregon?

More than one party can share responsibility for a drunk driving crash in Oregon. Potentially at-fault parties include the following.

The Drunk Driver

The impaired driver bears primary responsibility. A criminal DUI charge under ORS 813.010 does not replace a civil injury claim, and you may be able to pursue both.

Commercial Establishments & Oregon Dram Shop Law

Under Oregon’s dram shop law, ORS 471.565, a bar or restaurant that serves alcohol to a visibly drunk patron can be liable for injuries that patron later causes. ORS 471.567 also makes these establishments liable if they negligently serve alcohol to a minor who then causes a crash.

Social Host Liability

A private host can also face liability for serving alcohol to a minor or a visibly intoxicated adult who later causes a crash.

 

Types of Compensation Available to Drunk Driving Victims in Portland, Oregon

Oregon uses a fault-based system, meaning that if you are involved in an accident that a negligent driver caused, you have the right to pursue damages from them in court.

Oregon State Statutes, Sections 31.700-31.735 states that compensation may be awarded to you for any of the following damages you or a loved one may have incurred in a drunk driving accident:

Punitive damages meant to punish the party responsible for your damages may also be awarded to victims of drunk driving accidents and their families.

Although it is to be noted that Oregon Revised Statutes 31.730 states that punitive damages may only be awarded in certain situations.

Civil cases when there is clear and convincing evidence that the defendant acted recklessly and with malice, along with displaying an outrageous indifference to the unreasonable risk of harm for the wellbeing, health and safety of others could qualify for payment of punitive damages.

 

How Long Do You Have to File a Drunk Driving Accident Claim in Oregon?

Oregon law sets strict deadlines for all injury claims, including those involving drunk driving.

Two-Year Oregon Personal Injury Statute of Limitations

Under ORS 12.110, you generally have a maximum of two years from the crash date to file a personal injury lawsuit.

Dram Shop Notice Requirements

Claims against a bar or social host require written notice within 180 days of the crash, or one year if the crash caused a death.

 

How Our Portland Drunk Driving Accident Lawyers Can Help

Rizk Law has represented injured Oregonians for more than 20 years, recovering millions in meaningful compensation for our clients, including a $625,000 verdict for a drunk driving accident victim.*

Based right here in Portland, we’re ready to put our deep knowledge of Oregon courts, judges, and insurance adjusters to work for you.

Our drunk driving accident lawyers can gather the police report, chemical test results, and field sobriety records and work with crash reconstructionists to determine how the crash occurred. From there, we can negotiate with the insurance company, and if it won’t offer a fair settlement, we’ll be prepared to file a lawsuit and represent you in court.

One client, Nada Taha, put it this way:

“I’m truly grateful for Rizk Law, especially Jacqueline, who was incredibly helpful and approachable. They kept checking on me throughout my treatment journey and patiently explained everything step by step. I’m really glad I chose them. Thank you so much, Jacqueline!”

*Each case is unique, and past results do not guarantee future outcomes.

 

Partner with a Compassionate Drunk Driving Accident Attorney in Portland, Oregon

The Rizk Law team of car accident lawyers believe that drunk drivers should always be held liable for the pain, suffering, and financial losses they cause victims and their families.

Whether you have questions about your rights after a drunk driving accident or need help figuring out how to get your medical bills paid, we are here to help.

Call us to schedule a free evaluation of your drunk driving accident today at (503) 245-5677 or by completing our contact form.

Our Office Location

434 South Iowa Street, Portland, OR 97239