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3 Ways You Can Recover Damages for a Drunk Driving Accident in Portland

— May 4, 2022

The statute of limitations is very tight for this type of lawsuit.

Portland, OR – In 2019, Oregon legislators considered a bill to lower the legal limit for drunk driving to .05, but it did not pass due to fierce opposition from the liquor industry. In retrospect, that may be viewed as a mistake, considering the dramatic rise in drunk driving crashes the following year, at the height of the pandemic. According to the Portland Bureau of Transportation, in 2020 and 2021, at least 43 people were killed in crashes in which alcohol was a factor, not to mention the hundreds of people who were injured in drunk driving crashes. 

At present, a driver in Portland can be charged with DUI if their BAC is .08 or higher. For commercial drivers, the legal limit is .04, while minors can face charges if they have the slightest amount of alcohol in their system. 

If you or a loved one were recently involved in a drunk driving crash, you need to contact reliable Portland DUI accident lawyers right away. If you have sustained severe injuries, you may be entitled to considerable damages under the law and a good attorney can help you recover. Time is of the essence in a personal injury claim and if you wait too much you may lose the right to sue. 

Who is liable for damages in a drunk driving accident in Portland?

The state of Oregon has a very complex insurance system. Technically, Oregon is an at-fault state, which means that the driver who causes an accident will be liable for damages. On the other hand, in Oregon, all drivers must carry Personal Injury Protection (PIP) coverage, and this allows them to recover damages no matter who was at fault for the crash.

If you were injured in a DUI crash, you can use your PIP to cover some of your immediate financial needs, like your medical bills.

On the other hand, you need to determine how much your claim could be worth and you must talk to some seasoned Portland accident lawyers for that. Your next step would be to file a claim with the drunk driver’s insurer to recover additional damages, not covered under your PIP.

The total value of your claim depends on the severity of your injuries. If you sustained spine damage or lost a limb in the accident, these are life-changing injuries and you are entitled to seek considerable damages for your pain and suffering, as well as for your future medical expenses and lost earning capacity. In Oregon, there is no cap on pain and suffering damages in a personal injury claim.

How does the Dram Shop law affect my drunk driving accident claim?

If the other driver does not have insurance, your lawyers may advise you to sue the establishment where they got drunk.

Alcohol is a Risky, Yet Effective Pain Management Option
Photo by Sandra Seitamaa on Unsplash

Under the Dram Shop law, it is illegal to sell alcohol to an individual who is visibly intoxicated or to someone under the age of 21. If your lawyers can prove that the staff at a certain bar sold alcohol to someone who was visibly drunk, the licensed establishment can be held accountable for the injuries that person later caused you.

The statute of limitations is very tight for this type of lawsuit. For a wrongful death claim, you have one year from the date your loved one passed away, but in a personal injury claim, you must file a lawsuit within 180 days. 

Attorneys Near Me

If you’re looking for an accident lawyer or need professional help with other legal matters, you may be wondering “Where can I find Attorneys Near Me?” Don’t worry, help is just a few clicks away. Just follow the link to go to the extensive database on Select the legal area you’re interested in, your state and your city, and schedule a free consultation with a trustworthy lawyer in your area.  

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