Injured by a Drunk Driver

PORTLAND, OREGON DRUNK-DRIVING INJURIES LAWYER

Yes, it is personal.

On October 1st, just after midnight, my mom and dad entered my room and woke me up saying, “Steve, Tim has something he wants to tell you.” Tim, like me, was 17 years old and had no idea how to tell someone his best friend had just been killed by a drunk driver. “Mike’s dead,” he said … Kaboom! I heard my mom swear under her breath, “damn drunks.”

Earlier that night, Tim, Mike and I had been to a high school football game. Mike had given us a ride home from the game, and I’d been dropped off first. After they left my house, a drunk driver tried to pass Mike’s VW van, hit it, and sent it rolling. Mike was partially ejected, and crushed.

Who is responsible in a situation like that? The irresponsible drunk driver? Sure, if he has any assets. What about the bartender who served the man until he was inebriated, and then watched him stumble across the parking lot to his car? The decedent’s estate may have a case directly against bartenders and their employers under alcohol liability and dram shop law. Any time a drunk driver has just left a bar, it is worth investigating. If the customer was served while “visibly intoxicated,” you may have a chance to hold the bar liable. These cases require skilled attorney representation.

Any personal injury case involving the use of alcohol ups the ante for the insurance company. If they act tough and bluff, you might fold. If you hire a personal injury attorney who knows how to maximize recovery in these cases, you could get a lot more money.

Insurance companies for drunk drivers who cause car crashes have a problem on their hands. The right personal injury lawyer can use alcohol allegations to fight back against one of the oldest insurance company tricks in the books, which is to blame and smear the victim. Insurance defense lawyers routinely blame the plaintiff who was hurt through no fault of his own. When the defendant is a drunk driver, the insurance company’s attack on the victim can be neutralized, and insurance companies can often be persuaded to pay a premium to settle.

The blood alcohol limit for anyone driving in Oregon is .08. Any reading over that is evidence of drunk driving. Drunk driving accidents have the same statute of limitations that automobile cases have in Oregon (generally two years). There may be special notice requirements in any dram shop case against the server of alcohol.

Pursuing your rightful claim against a drunk driver helps keep them off the road. Convicted drunk drivers have to maintain higher insurance liability limits under ORS 806.075. For a free consultation call Steve Smucker at 503-224-5077. Attorney Steve Smucker aggressively pursues cases against drunk drivers to bring justice to the families of those injured or killed by drunk drivers.