Seasoned Portland Drunk Driving Accident Attorney
Our legal team is dedicated to supporting you during one of the most challenging chapters in your life: recovering from a drunk driving accident. We understand the physical and emotional toll such an accident can take, and we’ll do everything we can to get you the assistance you need to move on.
Our commitment goes beyond mere legal knowledge. We see you as an individual with unique experiences and needs, not just a case number. With an intimate knowledge of Oregon's drunk driving accident laws, we craft personalized strategies that address our clients’ concerns with empathy and care.
We're here to guide you through the complexities of drunk driving accident cases and secure the compensation you rightfully deserve. We aim to ensure that drunk drivers are held accountable for their actions.
Understanding Drunk Driving Accidents and Laws in Portland, Oregon
Drunk driving accidents are a significant concern in Portland, reflecting the sobering statistics observed at a statewide level.
In 2019, Oregon recorded 167 fatalities due to alcohol-impaired driving, a figure that starkly highlights the dangers of driving under the influence. These incidents accounted for 34.2% of all traffic fatalities in the state, a rate that’s notably higher than the national average of 28.1%.
Understanding the legal processes that ensue after a drunk driving accident is crucial. These can encompass both criminal and civil actions, each of which serves distinct purposes and offers the promise of different forms of compensation.
Criminal Cases
Criminal cases are a common consequence of drunk driving incidents. They commence when a police officer detects signs of impaired driving. An investigation follows that involves questioning, field sobriety tests, and assessments of the driver's blood alcohol content (BAC). In Oregon, any motorist with a BAC over .08 is considered impaired.
If the driver were discovered operating their vehicle under the influence of drugs or alcohol, they'd likely face criminal charges, such as DUII. Additional charges like criminal mischief and assault may be added for property damage and injuries.
The severity of these charges varies from misdemeanors to felonies, based on factors like injury extent and the driver's criminal history. As an accident victim, you'll be informed about the charges and listed as a witness, and you may be called upon to provide additional information.
Civil Cases
In Oregon, the injured party in an accident involving negligence has the right to bring a civil case. Civil court deals with financial matters, allowing you to seek compensation for the losses you’ve experienced, including pain and suffering.
Damages in a civil lawsuit are intended to cover medical expenses, future healthcare costs, wage losses, property damages, emotional distress, and, in certain cases, punitive damages. In this way, a civil case offers a path to recover the full extent of your financial losses.
While criminal restitution is limited and excludes pain and suffering, a civil case ensures that you receive comprehensive compensation, including for the emotional toll of the accident.
Civil lawsuits must be handled prudently to succeed. It’s therefore essential to work with a qualified drunk driving accident attorney to secure fair and adequate compensation.
Oregon Dram Shop Law
Oregon's dram shop law (ORS 471.565) holds establishments liable for serving alcohol to visibly intoxicated individuals who subsequently cause accidents. This law aims to reduce drunk driving accidents by placing responsibility on establishments that over-serve patrons.
In Oregon, if a person sustains injuries or property damage due to the actions of a visibly intoxicated individual, they may pursue a civil claim against the establishment that served the alcohol.
How Much Is My Portland DUII Accident Case Worth?
Determining the potential worth of your DUII accident case in Portland involves weighing numerous factors.
While Oregon operates on an "at-fault" system for car insurance, it also mandates Personal Injury Protection (PIP) coverage. PIP offers some relief in the aftermath of an accident, regardless of fault, but it may not fully represent your claim's value. Notably, PIP doesn't cover non-economic damages like pain and suffering.
Any or all of the following factors may influence the value of your case:
- Severity of Injuries: The nature and extent of your injuries will play a crucial role in assessing your case's value
- Lost Wages: If the accident caused you to miss work, your claim may be worth more
- Medical Recovery: The likelihood of a full medical recovery will likely impact your total compensation
- Availability of Evidence: The strength and availability of evidence supporting your claim are vital
To arrive at an accurate estimate of your case's worth, it’s recommended that you set up a no-cost consultation with our experienced Portland car accident attorney.
What Compensation Can I Seek in an Oregon Drunk Driving Accident Case?
If you’ve been injured by a drunk driver, you may be eligible to seek various types of compensation, which can include:
- Medical Expenses: You can seek repayment for all medical costs related to the accident, including hospital bills, surgery, medication, physical therapy, and ongoing medical treatment
- Lost Wages: If the accident caused you to miss work or resulted in a reduced earning capacity, you can seek compensation for lost wages and potential future income losses
- Property Damage: You can claim the cost of repairing or replacing your damaged vehicle, along with any personal property damaged in the accident
- Pain and Suffering: You may be entitled to financial restitution for physical pain, emotional suffering, and mental distress resulting from the accident and your injuries
- Wrongful Death Damages: If you lost a loved one in a drunk driving accident, you can pursue a wrongful death claim, which may provide compensation for funeral expenses, loss of financial support, and emotional distress
- Punitive Damages: In cases of extreme negligence or intentional misconduct, the court may award punitive damages to punish the at-fault party
- Rehabilitation Costs: If you require rehabilitation services, such as physical or occupational therapy, you can include these expenses in your claim
- Loss of Consortium: In some cases, spouses or family members may seek compensation for the loss of companionship and support resulting from their loved one’s injuries
Seasoned personal injury attorney Todd Newlin can assess the strengths of your case, negotiate with the insurance companies, and, if necessary, pursue litigation to maximize your claim.
Our Proven Results: Past Case Success
How We Can Help You with Your DUII Accident Claim?
Newlin Law Offices can assist you with your drunk driver accident claim in several ways:
- Trustworthy Legal Guidance: Our experienced team is skilled in DUII accident claims and can offer much-needed guidance throughout the legal process
- Comprehensive Investigation: We’ll conduct a thorough investigation to gather evidence, establish liability, and build a strong case on your behalf
- Skillful Negotiation: We can negotiate with the insurance companies to ensure that your compensation covers your medical bills, lost wages, and other expenses
- Forceful Litigation: If necessary, we're prepared to take your case to court, fighting for your rights and interests at trial
- Personalized Strategy: Your case is unique, so we’ll tailor our approach to your specific circumstances to make sure you get the best possible outcome
- Emotional Support: Beyond our legal services, we offer ongoing emotional support and other resources, helping you deal with the various stresses and challenges of recovery
- Timely Action: We're well-versed in Oregon's statutes of limitations, which means we can guarantee that your case is filed within the required timeframe
By entrusting your DUII accident claim to our Portland car accident attorneys, you can focus on your recovery while we work tirelessly to secure the compensation you deserve.
