When a car accident involves a drunk driver, their passengers can sustain serious harm. If you’ve suffered injuries while riding with a drunk driver, you may wonder whether they’re liable for the damage they caused you. The intoxicated driver is responsible for your injuries in most cases. However, pursuing a personal injury claim can be complicated and challenging, even when someone else was clearly at fault.
Knowing your rights as a passenger in a DUI incident and how liability is determined is crucial. This knowledge is vital when seeking the compensation you deserve through a Portland drunk driving passenger injury claim. Contact Rizk Law today to discuss your case and review your legal options.
Understanding Passenger Rights in a DUI Accident
Passengers in all car wrecks receive strong protection under Oregon law, including passengers in drunk driving incidents. Any driver who causes harm to another person through negligent or reckless behavior may be liable for that person’s injuries, even a passenger who willingly entered the vehicle.
There are a few laws in Oregon that protect passengers injured in drunk driving crashes. Those laws include:
- Personal injury protection (PIP) benefits – Under ORS 742.520, all private motor vehicle insurance policies must provide PIP benefits to any passenger. That means the driver’s or your own insurance coverage may provide compensation for your injuries.
- Dram shop laws – Under ORS 471.565 and ORS 471.567, establishments that serve alcohol have a legal responsibility to ensure they do not overserve visibly intoxicated people or minors. If the at-fault driver was overserved or underage, the establishment that served them may share liability for your injuries.
- Comparative fault – Under ORS 31.600, a passenger in a car accident may still seek compensation for their injuries even if they share some responsibility for the collision – as long as their share of fault is not more than the other parties involved.
How Liability Is Determined in a Drunk Driving Accident in Portland
There are a few factors involved in proving a driver’s responsibility for an impaired driving crash, including:
- Establishing the driver’s intoxication level – The first step in establishing drunk driver liability in Portland is to gather evidence that the driver was intoxicated at the time of the accident. This usually involves obtaining police reports, arrest records, breathalyzer and blood results, witness statements, and surveillance footage.
- Proving negligence or recklessness – Proving intoxication is key, but it’s also critical to show that the driver’s actions were dangerous. This involves police reports, witness statements, and accident reconstruction, which may show that the driver was speeding, tailgating, driving erratically, or violating traffic laws.
- Passenger’s awareness of driver’s condition (if any) – If the passenger knowingly entered the drunk driver’s vehicle, the defense may seek to place some fault on them. This doesn’t necessarily invalidate a claim, but it can impact the compensation awarded.
Legal Options for Injured Passengers
When you’re injured as a passenger in a drunk driving accident, there are two main avenues to pursue when seeking compensation: claims against the intoxicated driver and against third parties.
Filing a Personal Injury Claim Against the Drunk Driver
The drunk driver may be liable for the damage caused by their irresponsible and illegal actions. That can include the physical, emotional, and financial damage you’ve incurred. Your lawyer will first seek compensation from the driver’s insurance company. But if they refuse to offer a fair settlement, your lawyer will file a lawsuit on your behalf and take your claim to court.
When You May File Against a Third Party
Thanks to Oregon’s dram shop laws, you may also be able to pursue compensation from the establishment that overserved the driver and put you in danger. Those establishments are commonly bars or restaurants, but even private hosts may be liable if they acted negligently when serving the driver alcohol.
When Comparative Fault May Apply
If the passenger contributed to the crash by distracting the driver or encouraging dangerous behavior, they may share some of the blame. Insurance companies may also try to argue that the passenger bears some responsibility for their injuries if they knew the driver was drunk and got in the car anyway. Or they may claim that the passenger provided the driver with the alcohol.
Passengers may still seek compensation if they aren’t more than 50 percent at fault. However, their financial recovery will be reduced by their percentage of fault.
Potential Recoverable Damages After an Impaired Driving Crash
Compensation covers both financial losses and physical and emotional damage. The impaired driver and other at-fault parties may be responsible for the passenger’s:
- Medical costs, including ambulance services, hospital stays, doctor’s appointments, medications, surgeries, medical devices, physical therapy, and future medical expenses
- Lost income, such as hourly wages, salary, tips, reduced earning capacity, and future lost wages
- Pain and suffering, which includes the physical pain, mental anguish, and emotional distress caused by the crash and resulting injuries
- Punitive damages, which are awarded in some DUI cases to punish the driver’s extremely reckless behavior
Why You Need a Portland DUI Accident Lawyer
Drunk driving claims can be uniquely challenging. Working with an experienced personal injury attorney in Portland can help you avoid critical errors and build a solid car accident case. Your lawyer will be crucial for:
Navigating Complex Liability and Insurance Issues
Establishing liability is critical for any personal injury claim. In drunk driving claims, that can involve multiple parties, making the process more challenging. You also want to avoid being blamed for the collision, as this can reduce your compensation. Your lawyer has the skills and experience to navigate these issues while you focus on recovery.
Providing Local Knowledge of Oregon’s DUI and Dram Shop Laws
DUI and dram shop laws vary from state to state. Building a strong drunk driving case is far easier with a lawyer who knows Oregon’s statutes, as well as Portland’s roadways, businesses, and courts.
Maximizing Passenger Compensation
It’s easy to leave money on the table when calculating compensation if you’re unfamiliar with the process. On top of that, insurance companies will use various tactics to minimize your payout or outright deny your claim. An experienced personal injury lawyer knows how to calculate your losses and negotiate for maximum compensation.
Contact a DUI Accident Attorney in Portland Today
If you’ve suffered injuries as a passenger in a drunk driving accident, Rizk Law can help. These cases can be awkward, as you may be friends with the driver. However, you still deserve to be compensated for your losses. Plus, the negligent driver’s insurance company will likely be the one paying.
At Rizk Law, we’re dedicated to providing critical support and aggressive advocacy for injured victims – and we have a strong track record of substantial settlements and positive client testimonials to prove it. Contact us today to get started with your free case review.