OREGON DRUNK DRIVING
ACCIDENT LAWYER

We Represent Victims of Drunk Driving Accidents in Oregon

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Drunk driving is a serious offense that can have tragic consequences. According to national statistics, about 37 people die in drunk-driving accidents every day. 

When you have been seriously injured in an accident caused by a drunk driver, the aftermath can be overwhelming for you and your family. Beyond physical injuries, you may be dealing with financial strain, emotional trauma, and uncertainty about how to move forward. 

If you have been harmed in an accident caused by a drunk driver, you deserve to know your legal rights and options for recovering compensation. Our Oregon drunk driving attorneys can guide you through each step of the legal process. Call us today to schedule a free consultation, or complete our confidential contact form, and someone will contact you shortly. 

The Difference Between Oregon Criminal and Civil Drunk Driving Accident Cases

There are two primary legal avenues for car accidents involving drunk drivers: criminal cases and civil (personal injury) cases. Although both types of cases stem from the same incident, they differ in purpose, process, and outcomes. Let’s discuss both types of cases to get a clearer understanding of how car accident cases involving drunk drivers are handled. 

The purpose of criminal vs. personal injury cases

The primary goal of a criminal case is to protect the public by punishing the drunk driver who broke the law. Criminal cases are prosecuted by the state to enforce laws prohibiting drunk driving in Oregon.

Civil cases are intended to compensate victims for harm suffered due to the negligent or wrongful actions of someone else. In a motor vehicle accident involving a drunk driver, the injured party can file a personal injury claim against the intoxicated driver to recover damages. 

The burden of proof in criminal and civil cases

In a criminal case, the state, through the district attorney or prosecutor, files charges against the driver accused of driving drunk. The state takes on the responsibility of investigating the auto accident, gathering evidence, and proving the case against the defendant.

In a civil claim, the injured party (plaintiff) files a personal injury lawsuit against the at-fault driver (defendant). The plaintiff or their lawyer is responsible for collecting evidence, proving fault, and demonstrating the extent of damages caused by the drunk driver’s actions. 

The possible outcomes and penalties in criminal and civil cases

In criminal drunk driving cases, penalties vary based on the severity of the incident and the driver’s prior record. Potential consequences could include fines, imprisonment, license suspension, and community service. 

These penalties aim to deter future offenses and emphasize Oregon’s commitment to public safety. In civil cases, the primary focus is on making the injured party “whole” again through financial compensation. 

Compensation awarded for a personal injury case may include coverage for the:

• Medical expenses
• Lost wages
• Pain and suffering
• Property damage

Courts may also award punitive damages in drunk driving cases. Punitive damages are designed to punish the defendant and discourage similar behavior in the future. 

In contrast to criminal cases, civil cases give you an opportunity to seek justice against the drunk driver on a personal level. Even if the impaired driver is not found guilty in criminal court, he or she can still be held financially accountable in a civil case.

What to Expect From the Insurance Company Following an Oregon Drunk Driving Accident

After the accident, you may be contacted by the drunk driver’s insurance company. It is important to keep in mind that insurance adjusters work on behalf of the insurance company, not the victim. Their main goal is to minimize payouts to protect the company’s profits. 

Here are a few things to expect when dealing with the insurance company:

• Requesting a recorded statement: Insurance adjusters may request a recorded statement to “clarify” your version of events. However, it is recommended that you avoid giving a recorded statement without your personal injury lawyer present. Even casual statements could be misconstrued and used against you later. 
• Challenging medical conditions and treatments: The insurer may question the need for certain medical treatments or request an independent medical examination to dispute your injuries. If your injuries are severe, the adjuster may attempt to downplay long-term consequences like ongoing pain, disability, or emotional trauma. 
• Pushing low settlement offers: Insurance adjusters may offer a low settlement early in the claims process. These settlement offers are usually much less than you are entitled to and are an attempt to close your case quickly before you fully understand the extent of your damages. 

When you hire a personal injury lawyer to handle your drunk driving accident case, your lawyer will handle all communication with the insurance company for you. Your lawyer will ensure that you don’t settle for less than your claim is worth. 

Don’t miss out on these common personal injury mistakes.

Get the legal counsel you need to guide you through the process of filing an injury claim.

Are Drunk Drivers Always Liable for a Car Accident in Oregon?

When you are in a car accident with an impaired driver, it seems straightforward to assume the drunk driver is fully responsible for the crash. However, in Oregon, fault in car accidents can be affected by comparative negligence rules. 

Oregon follows a “modified comparative negligence” system, which allows car accident victims to recover damages even if they were partially responsible for the collision – provided their share of fault is not more than half. If the injured party is found to be 51 percent or more at fault, he or she cannot recover damages. 

If comparative negligence is found in a drunk driving accident case, the drunk driver’s liability is reduced by the plaintiff’s percentage of fault. As an example, let’s say a sober driver collided with a drunk driver, but evidence shows the sober driver was also texting and driving. The court may find the sober driver 25 percent at fault, meaning that his or her compensation will be reduced by that percentage. 

Steps to Take After Being Involved in a Car Accident With a Drunk Driver

It is illegal to drive in Oregon if your blood alcohol content (BAC) is .08 or higher and the state is strict on punishing drunk drivers. For those affected by a drunk driving accident, it is important to know the steps to take to protect your health, safety, and legal rights. 

Consider taking the following steps after being hit by a drunk driver:

Consult a personal injury attorney: A personal injury attorney with experience in drunk driving claims can be invaluable in securing maximum compensation and protecting your best interests. 

Call 911: Report the accident and request medical assistance. This ensures police documentation, which can be essential in a car accident case. 

Seek medical attention: Even if you feel fine, some injuries may not be immediately apparent, such as concussions or internal injuries. Visiting a doctor provides a medical record that could support your claim later. 

Document the drunk driver’s behavior: If the drunk driver shows signs of intoxication – slurred speech, stumbling, or an inability to stand – document it. This evidence can be invaluable in proving fault. 

Obtain a copy of the police report: This document is often essential in car accident cases, as it includes the police officer’s account and details regarding the driver’s condition. 

Notify your insurer of the accident: Inform your insurance company about the car accident but avoid speculating fault. Provide only basic information, such as the date, time, and location. 

How an Oregon Drunk Driving Accident Attorney Can Help 

Hiring a personal injury accident lawyer can make a major difference in both the outcome of your drunk driving claim and your overall recovery process. 

Consider some reasons why securing legal representation is important after being injured by a drunk driver:

Level the playing field: Drunk driving cases can become complicated if the at-fault driver denies liability. Additionally, the drunk driver may have his or her own legal representation. Hiring a lawyer helps ensure you are not at a disadvantage when it comes to negotiating or litigating your case. 

Building a solid case: Your lawyer can gather and analyze evidence. This could include reviewing the driver’s BAC results, police reports, and witness statements, to build a compelling case that proves the other driver’s negligence.

Maximizing your financial recovery: Accidents caused by drunk drivers often result in severe injuries. With these injuries may come significant medical expenses. Your lawyer will work to accurately calculate damages, ensuring you receive the full amount of compensation you deserve. 

Dealing with insurance companies: Your lawyer will communicate and negotiate with the insurance company for you. If the insurance company refuses to offer a reasonable amount, your lawyer can take your case to court to pursue fair compensation for your injuries.