What Should I Do After Being Hit by a Drunk Driver in Clackamas, Oregon? (FAQ)

Being involved in a drunk driving accident can be life-changing, causing serious injuries, emotional trauma, and financial strain. Knowing what steps to take afterward is essential to protect your rights and seek justice.

This guide covers what to do if a drunk driver hits you in Clackamas, your legal options, and how to pursue compensation for your injuries. From understanding what counts as drunk driving to navigating complex claims, you’ll find the information you need to move forward.

If you or a loved one has been seriously injured, calling a Clackamas drunk driving accident lawyer can help you win fair compensation and hold the responsible party accountable. Whether it’s severe injuries or wrongful death, take the right steps to protect your future.

What Counts as Drunk Driving?

Drunk driving refers to operating a vehicle while under the influence of alcohol, which is prohibited by Oregon law. A blood alcohol concentration (BAC) of 0.08 percent or higher is the threshold for being legally impaired. Oregon has zero tolerance for drivers under 21, making any amount of alcohol or other intoxicants in a driver's system illegal. In Oregon, the offense of operating a vehicle while intoxicated is called Driving Under the Influence of Intoxicants (DUII).

How Does Alcohol Impact Drivers?

Alcohol affects the brain by disrupting communication between its cells, leading to significant impairments in cognitive and physical functions. This can result in slowed reaction times, poor decision-making, and difficulty with coordination. The Centers for Disease Control and Prevention (CDC) highlights several specific effects of alcohol on drivers, including reduced ability to focus, impaired judgment, decreased visual clarity, and challenges with basic driving tasks like staying in a lane, braking, and steering. These impairments make it extremely dangerous to operate a vehicle under the influence.

Is Drunk Driving Always Considered Negligence in an Accident?

As with many states, in Oregon, a drunk driver is presumed negligent under the legal principle of "negligence per se". This can simplify the process for victims seeking compensation after a car accident. However, proving negligence per se alone is not enough to win a personal injury case. Victims must still demonstrate key elements, including that the at-fault driver was intoxicated at the time of the accident, that the driver's actions directly caused their injuries, and that they suffered measurable damages, such as pain and suffering, medical bills, or lost wages. Successfully establishing these factors is crucial for a favorable outcome in a lawsuit.

What to Do If a Drunk Driver Hits Your Car?

If you are involved in a car accident with a drunk driver, safeguarding your rights and taking the proper steps are essential. Start by calling 911 to report the accident, regardless of any attempts by the impaired driver to dissuade you. Police officers can conduct a breath or blood test at the scene, providing crucial evidence for your claim. After ensuring your safety and contacting authorities, consider these steps:

Seek Medical Attention

Even if you feel fine, seeing a doctor promptly is crucial. Some injuries, such as internal trauma or concussions, may not be immediately apparent. Medical records and documented medical expenses can also be key evidence for future personal injury claims.

Collect Information and Evidence

If possible, gather contact and insurance information from the drunk driver and any other parties involved. Speak with witnesses and collect their contact details before they leave. Additionally, take photos of the car accident scene, vehicle damage, and any visible injuries.

Notify Your Insurance Company

Report the auto accident to your car insurance provider as soon as possible. In some cases, you may be able to file a claim under your own policy to recover damages more quickly.

Consult a Drunk Driving Accident Lawyer

If you suffered injuries or significant losses, contacting our experienced car accident attorney can be invaluable. We can guide you through the legal process under Oregon law, handle negotiations with insurance companies, and help you receive fair compensation for medical bills, lost wages, and other damages. Attorney Newlin was able to win tens of thousands of dollars for a client injured by a drunk driver, even when the police let the driver go without an arrest.

What Compensation Can Victims of Drunk Drivers Seek?

A collision caused by a drunk driver can result in life-altering injuries, requiring extensive medical care and leading to significant financial and emotional burdens. Victims should not have to bear these costs alone. If a drunk driver is responsible for your injuries, you may be entitled to compensation for damages such as:

• Current and future medical bills
• Rehabilitation and physical therapy costs
• Lost wages and reduced future earning capacity
• Pain and suffering
• Emotional distress
• Property damage
• Disability or disfigurement
• Loss of enjoyment of life
• Loss of consortium for your spouse
• Punitive damages in cases of outrageous conduct by the defendant

Understanding your rights and the full scope of available damages is key to obtaining fair compensation.

Do I Need to Hire a Car Accident Attorney After a Drunk Driving Accident?

You absolutely should consult a lawyer for any accident, and especially if a drunk driver is involved. We offer free consultations, allowing you to understand your options without upfront costs. You should strongly consider hiring a personal injury lawyer if:

• You face significant medical expenses.
• Your injuries are severe or life-altering.
• You’ve lost income due to the car accident.
• You’ve suffered a long-term disability.
• The other driver’s insurance company is calling you.
• The driver's insurance company denies or undervalues your claim.
• There is any dispute over fault in the car accident.

Our drunk driving accident attorney can help protect your rights, negotiate with insurers, and work to secure the compensation you deserve for your injuries and losses.

Could I Sue a Bar for Serving an Intoxicated Driver?

In certain circumstances, you can hold a bar or restaurant accountable for serving alcohol to a driver who later caused your car accident. Many states have "dram shop laws" that prohibit serving alcohol to visibly intoxicated individuals, particularly if it is foreseeable that they might drive. If the establishment continued serving a clearly impaired person who got behind the wheel and caused harm, they could share liability for your damages.

Todd Newlin won a $1 million + settlement for a family member who died in a car crash with a Clackamas drunk driver.

Could I File a Lawsuit If a Drunk Driver Killed My Loved One?

If a drunk driver tragically killed your loved one, you may have the right to file a wrongful death lawsuit to seek justice and compensation for your loss. Eligible family members, such as spouses, children, dependents, or parents, could recover damages that include:

• Loss of financial support and benefits the deceased would have provided
• Funeral and burial costs
• Loss of companionship, guidance, or care
• Medical expenses incurred before your loved one’s passing
• Pain and suffering caused by the loss

Do I Have to Go to Court to Get Compensation?

Most car accident claims are resolved through out-of-court settlements, which can save time and reduce costs compared to going to trial. However, if the driver's insurance company or responsible party refuses to offer a fair settlement, taking the car accident case to court may become necessary to secure the compensation you deserve. Cases involving substantial financial damages or disputes over fault are more likely to go to trial. Having a skilled and experienced attorney can make a significant difference whether your case is settled or proceeds to court.