Experienced Portland Drunk Driving Injury Attorneys
Portland Drunk Driving Injury Lawyer
Find out why we have some of the best Portland auto accident attorneys
You had finally achieved stability and contentment in your life. Everything was going well with a loving family, a fulfilling career, and a supportive community. But then, tragedy struck unexpectedly with a drunk driver crashing, injuring you and your loved ones. Now, you are dealing with pain, loss, and its devastating effects.
You are not alone, we can help. Contact Goldberg & Loren today to schedule a free consultation and get the justice you deserve.
Types of Drunk Driving Accidents in Portland
Portland has many bars, nightclubs, and liquor stores. Unfortunately, this also results in many drunk driving incidents. Several types of drunk driving accidents occur in Portland, including:
- Intersection Collisions: This occurs when a drunk driver disregards traffic signals or fails to yield the right of way, resulting in a collision with another vehicle.
- Hit-and-Runs: The drunk driver may become panicked after the accident and flee the scene, leaving the other party without any means of seeking compensation for damages.
- Head-on Collisions: These occur when a vehicle traveling in the wrong lane crashes directly into another vehicle, often resulting in severe injuries or fatalities.
- Rear-End Collisions: Drunk drivers may not be able to react in time to stop, leading to rear-end collisions with vehicles in front of them.
- Side-Impact Collisions: Also known as T-bone collisions, these occur when a drunk driver fails to yield or runs red lights, crashing into the side of another vehicle.
- Single-Vehicle Accidents: Drunk drivers may lose control of their vehicle, leading to crashes into guardrails, trees, or other fixed objects.
Who Can Be Held Liable for a DUI in PDX?
In Portland (PDX), liability for an alcohol related crash can extend beyond just the drunk driver. The following parties can potentially be held liable:
- Drunk Driver: The primary party held responsible for a DWI is the individual who was driving under the influence of alcohol. They can be held liable for any injuries, damages, or losses they caused as a result of their impaired driving.
- Social Hosts: In some cases, a person or establishment that provided or served alcohol to the impaired driver can be held liable if they knowingly served alcohol to someone who was visibly intoxicated, under the legal drinking age or someone who they knew would be operating a vehicle afterward.
- Establishments: Bars, restaurants, or other establishments where alcohol is served can potentially be held liable if they continue to serve an intoxicated person who later caused a DWI accident. This concept is often referred to as “Dram Shop Liability.”
Determining liability in a drunk driving case can be complex and requires a thorough investigation of all parties involved. Consult with our experienced personal injury attorney who is familiar with Portland laws and regulations to identify and hold the appropriate parties accountable for a DWI accident.
Drunk Driving Accident Injuries in Portland
The consequences of drunk driving accidents can be devastating, resulting in life-altering injuries for those involved. Some injuries may include:
- Head and Brain Injuries: Traumatic brain injuries (TBI) are common in drunk driving accidents and can have long-term effects on cognitive function, motor skills, and behavior.
- Spinal Cord Injuries: The impact of a drunk driving accident can cause spinal cord damage, leading to paralysis or decreased function in the affected areas of the body.
- Broken Bones and Fractures: The force of the collision can result in broken bones, fractures, and severe musculoskeletal injuries.
- Soft tissue Injuries: Whiplash, muscle strains, and ligament damage are often seen in drunk driving accidents due to sudden deceleration and impact forces.
- Internal Injuries: Blunt force trauma from the accident can cause damage to internal organs, leading to internal bleeding, organ damage, and other life-threatening conditions.
- Burns and Lacerations: Fires or vehicle damage can cause burns and lacerations in a drunk driving accident, leading to scarring and disfigurement.
- Psychological Trauma: Survivors of drunk driving accidents may experience post-traumatic stress disorder (PTSD), anxiety, depression, and other mental health issues.
More than a third of Portland traffic deaths from 2015 to 2019 involved alcohol. An additional 198 people suffered serious injuries, including brain damage and paralysis, due to alcohol-related crashes during the same period. [1]
What to Do if You are Hit by a Drunk Driver in Portland
If you have been hit by a drunk driver, it is in your best interest to take the following steps:
- Seek Medical Attention: Your health and safety are the top priority. Even if you don’t think you’re injured, seek medical attention after a car accident.
- Contact the Authorities: Call the police and report the accident. Have an official record of the incident, especially if the other driver is suspected of driving under the influence.
- Gather Information: Obtain the drunk driver’s personal information, insurance details, and vehicle registration. Collect contact information from any eyewitnesses to the accident.
- Document the Scene: Take photos of the accident scene, including the vehicles involved, the position of the vehicles, road conditions, and any visible injuries.
- Avoid Confrontation: Remain calm and do not engage in confrontation with the drunk driver. Let the police handle the situation.
- Consult an Attorney: Our drunk driving injury lawyer can be of help to you, especially if you have been injured. Contact our personal injury lawyer in Portland to guide you through the legal process.
- Cooperate with Law Enforcement: Provide a statement to the police and cooperate with the investigation. Be sure to convey any signs that the other driver may have been under the influence of alcohol.
- Notify Your Insurance Company: Report the accident to your insurance company as soon as possible.
- Follow Up on Medical Treatment: Even if you initially declined medical attention at the accident scene, seek medical care if you develop any symptoms or pain following the accident.
Table of Contents
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Types of Drunk Driving Accidents in Portland
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Who Can Be Held Liable for a DUI in PDX?
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Drunk Driving Accident Injuries in Portland
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What to Do if You are Hit by a Drunk Driver in Portland
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How is Fault Determined in a Drunk Driving Accident in PDX?
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Compensation for a Drunk Driving Accident Victim in Portland
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Statute of Limitations for DUI Claims in PDX
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Portland Drunk Driving Injury Lawyer Goldberg & Loren
How is Fault Determined in a Drunk Driving Accident in PDX?
Fault in a drunk driving accident is typically determined based on various factors and evidence. Here are some of the key aspects used to establish fault in a drunk driving accident:
- Police Report: Law enforcement officers at the accident scene will conduct an investigation, including field sobriety tests and breathalyzer tests on the drivers involved. The findings from these tests can provide evidence of the driver’s intoxication level at the time of the accident.
- Witness Statements: Eyewitnesses to the accident may have seen the behavior of the drivers involved before the collision, which can help establish whether one of the drivers was impaired.
- Physical Evidence: This includes any damage to vehicles, skid marks, debris, and the positioning of the vehicles after the accident. It can help reconstruct the sequence of events and aid in determining fault.
- Accident Reconstruction: Experts may be called upon to reconstruct the accident based on the evidence to determine factors such as speed, direction of impact, and contributing factors in the collision.
- Video Evidence: If available, footage from traffic cameras, security cameras, or dashcams can provide valuable evidence of the events leading up to the accident.
- Driver Statements: The statements made by the drivers involved in the accident may be used to determine fault, especially if the at-fault driver admits to driving under the influence.
- Criminal Charges: If the drunk driver is charged with a DUI or DWI, this can serve as strong evidence of their fault in the accident.
Compensation for a Drunk Driving Accident Victim in Portland
In the event of a drunk driving accident, compensation for the victims can come from various sources, typically through insurance claims & potentially, legal action.
Here are some potential avenues for compensation:
- Personal Injury Protection (PIP) Benefits: In states with no-fault insurance laws, victims can claim PIP benefits from their own insurance to cover medical expenses, lost wages, and other related costs, regardless of who was at fault. Limits apply and medical costs may exceed them.
- Medical Expenses: Victims can seek compensation for their medical bills, including hospitalization, surgeries, medications, rehabilitative therapy, and any other necessary medical treatments resulting from the accident.
- Lost Wages: Compensation can be sought for the income lost due to their inability to work following the accident, as well as the potential loss of future earning capacity.
- Pain and Suffering: Victims may be entitled to compensation for the physical and emotional distress caused by the accident, including pain, anxiety, trauma, and loss of enjoyment of life.
- Property Damage: Repair or replacement of a vehicle and any other property damaged in the accident can be expensive. Reimbursement can be sought in a personal injury case.
- Punitive Damages: In some cases, victims may be eligible for punitive damages, which are intended to punish the at-fault driver for their reckless behavior and deter similar actions by others.
- Wrongful Death: In the tragic event of a fatality caused by a drunk driving accident, surviving family members may be able to file a wrongful death claim for funeral expenses, loss of financial support, and other related costs.
Statute of Limitations for DUI Claims in PDX
In Portland, the Statute of Limitations for DUI claims, or personal injury claims arising from drunk driving accidents, is generally two years from the date of the accident. This means that the injured party has two years from the date of the accident to file a lawsuit seeking compensation for their injuries. [3]
Statutes of Limitations can vary based on the specific circumstances of the case and other factors, consult with our personal injury attorney to ensure you understand and comply with the applicable Statute of Limitations for your particular situation.
Failing to file a claim within the designated timeframe may result in the loss of your right to seek compensation for your injuries.
Portland Drunk Driving Injury Lawyer Goldberg & Loren
Goldberg & Loren is a leading personal injury law firm in Portland, with a team of dedicated drunk driving injury lawyers who are committed to fighting for the rights of victims.
Our personal injury lawyers:
- Have a track record of successful cases over 3 decades
- Have the knowledge and resources to provide you with the best possible representation
- Understand the physical, emotional, and financial toll that a drunk driving accident can take
- Are committed to helping you secure maximum compensation
- Are compassionate advocates who prioritize your well-being
- Take the time to understand your unique situation
By choosing Goldberg & Loren, you’ll have aggressive advocates on your side who will fight tirelessly to hold the responsible parties accountable for your injuries. Contact us today for a free consultation.
FAQs on DUI in PDX
If you have been involved in an accident with a DUI driver, you should prioritize your safety first. Seek medical attention if needed, and ensure that everyone involved in the accident is in a safe place. Then, contact the police to report the incident and provide details regarding the impaired driver.
Yes, as a victim, you may have the right to seek compensation for damages caused by the DUI driver. This can include medical expenses, property damage, lost wages, pain and suffering, and other related costs. Consulting with a personal injury attorney can help assess your case and explore your legal options.
The police will typically conduct field sobriety tests, breathalyzer tests, and may obtain blood or urine samples to determine the level of intoxication of the driver. Additionally, witnesses, video evidence, and police reports can help support your claim.
If the DUI driver does not have insurance, you may still be able to seek compensation through your own insurance if you have uninsured/underinsured motorist coverage. An attorney can guide you through the process of filing an uninsured motorist claim.
If the impaired driver is found guilty of driving under the influence, they will likely face criminal charges. The severity of the charges will depend on various factors, including the driver's blood alcohol concentration (BAC) and any previous DUI convictions.
As a victim, you have the right to attend court hearings and provide evidence or impact statements to support the prosecution's case. However, it is not mandatory, and you may choose to have your attorney represent your interests in court.
Sources:
[1] Hasenstab, A. (2022, March 7). Portland alcohol-related traffic fatalities likely increased during pandemic, officials say. Opb. https://www.opb.org/article/2022/03/07/portland-alcohol-related-traffic-fatalities-likely-increased-during-pandemic-officials-say/
[2] Driving Under the Influence of Intoxicants. (n.d.). https://www.osbar.org/public/legalinfo/1274_duii.htm
[3] Oregon Gov. (n.d.-b). https://assets.osbplf.org/forms/pdfs/Statutes%20of%20Limitation%20Generally.pdf
Goldberg & Loren
6500 S Macadam Ave #300,
Portland, OR 97239
(971) 339-8080
We fight hard for our clients who have suffered injuries due to a drunk driving accident in Portland, Oregon. Our personal injury lawyers fight for maximum compensation.
We Represent Those Injured in Drunk Driving Accidents in the Following Cities and Communities Near Portland, Oregon.
- Beaverton, OR
- Hillsboro, OR
- Vancouver, WA
- Clackamas County, OR
- Clark County, WA
- Columbia County, OR
- Multnomah County, OR
- Skamania County, WA
- Washington County, OR
- Skamania County, WA
- Yamhill County, OR
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