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Can You Sue a Bartender if You are Injured by a Drunk Driver in Oregon?

Being hurt in a drunk driving accident can result in life-altering catastrophic injury or death. If you or a loved one has suffered at the hands of a drunk driver who was overserved at an establishment in Oregon, the owner of the bar or restaurant may be liable for damages. At Johnson and Taylor, our vehicle accident lawyers can evaluate your case, help you understand whether a dram shop injury lawsuit may be appropriate, and assist you with pursuing compensation for your injuries and losses.

What is Dram Shop Liability?

Dram shop law in Oregon is designed to hold a bartender and/or establishment responsible for injuries and losses if they served alcohol to a visibly intoxicated person who caused a drunk driving accident. Like many other states, Oregon also has a social host liability law, which holds private hosts liable for injuries, accidents, and deaths caused by serving alcohol to minors or intoxicated adults. Dram shop law is complex, so if you are considering filing an injury lawsuit against an establishment or host, it is vital to seek the counsel of an experienced vehicle accident lawyer.

Elements of Proving Dram Shop Liability in Oregon

Like any other personal injury lawsuit, for a dram shop claim to be successful you must prove who was at fault. Your personal injury lawyer will gather evidence and put it all together to show that:

  • A bartender, establishment, or social host served alcohol to a person who was already visibly intoxicated.
  • The intoxicated person’s actions caused the accident and your injuries

Wrongful Death Dram Shop Claims

If you’ve lost a loved one in a drunk driving accident, a wrongful death lawyer can evaluate your case and advise you of whether you have a viable claim to hold an establishment or social host liable for damages. These cases can be challenging to prove. Finding a vehicle accident lawyer who has experience handling wrongful death claims and is well-versed in Oregon dram shop law is a must.

Statutes of Limitations in Oregon

There are certain time limits on how long you have to file a personal injury claim in Oregon. Typically, a personal injury lawsuit must be filed within two years from the date of the injury. The statute of limitations for filing a wrongful death case is usually three years. Although this may seem like it gives you a significant amount of time to file a claim, it is important to act fast. Valuable evidence can be lost and memories fade over time. Contacting a motor vehicle accident attorney as soon as possible after a drunk driving accident gives you a better chance of recovering the maximum compensation you need and deserve.

Recovering Damages in Dram Shop Claims

It can be easy to underestimate the physical, emotional, and financial costs of being injured in a crash. A catastrophic injury lawyer knows how to put an accurate value on your claim and fight to help you recover damages such as:

  • Past and future medical bills
  • Lost wages and loss of earning capacity
  • Pain and suffering
  • Loss of enjoyment of life
  • Loss of companionship and consortium

If the actions of a bartender, establishment, or social host were particularly egregious, you may be able to pursue punitive damages as well, though this is very rare. A personal injury lawyer can thoroughly assess your case, inform you of its viability and the best course of action for recovering compensation, and guide you through the legal process.

Contact Our Vehicle Accident Attorneys to Learn More about Dram Shop Law in Oregon

At Johnson and Taylor, our dedicated team understands that being injured or losing someone you love in a drunk driving accident can be devastating. Whether you need assistance with a personal injury case, divorce and family law matters, or estate planning and probate, we’re here for you. Our catastrophic injury lawyers and car accident attorneys serve clients in Salem, Eugene, Bend, the Oregon Coast, Medford, and throughout the state of Oregon. Our experienced team includes Spanish-speaking attorneys and staff.

When You Should Not Accept a Settlement After an Accident

When you or a loved one is hurt in an accident and medical bills are piling up, it can be tempting to accept a settlement offer from an insurance company right away. However, there are complex factors that should be considered before signing on the dotted line. At Johnson and Taylor, our vehicle accident lawyers give you a straightforward assessment of whether you have a viable personal injury lawsuit and what factors might come into play in estimating what your case is worth. They explain why accepting a settlement may not serve your interests.

Serious Injuries and Future Medical Expenses

Catastrophic injuries often require extensive medical treatment and ongoing care. Even if you don’t believe you are seriously hurt, symptoms of conditions like traumatic brain injury may not be apparent immediately and complications could arise later. Accepting a quick settlement may fail to fully compensate you for long-term costs and the impact the injuries have had on your quality of life. A catastrophic injury lawyer can thoroughly assess your case and consult with medical experts to determine the long-term financial and personal implications of your injuries.

Wage Loss and Future Earning Potential

In some cases, an injury may leave you unable to work for a significant amount of time or affect your ability to earn income in the future. This factor should be carefully assessed to ensure that any settlement adequately compensates you for past and future wage loss. A personal injury lawyer will know how to accurately calculate these damages and fight to help you recover a fair amount of compensation for lost income.

Permanent Disability or Disfigurement

If you’ve suffered permanent disabilities or disfigurement due to an accident, it’s critical to carefully consider how it will impact your quality of life and ability to work. A knowledgeable catastrophic injury lawyer can help you understand all your options for recovering compensation, including filing a personal injury lawsuit.

Adequate Non-Economic Damages

An initial settlement offer may not adequately account for any emotional distress and pain and suffering that can result from being hurt in an accident. These issues are very real and can impact all aspects of your life. Your personal injury lawyer will ensure that the final settlement reflects the full extent of your non-economic damages to the extent possible.

Liability Disputes

If there is a dispute about who was at fault for the accident, it’s critical to have an experienced personal injury lawyer by your side. Accepting a settlement will likely bar you from taking further legal action against an insurer and other involved parties. If necessary, your attorney may recommend that you take your case to trial to hold the at-fault party accountable for your injuries and losses. Litigation is costly – the threat of a personal injury lawsuit may be enough for the insurance company to offer a reasonable amount to settle the claim. A vehicle accident lawyer or personal injury attorney knows how to aggressively negotiate with insurers and pursue the best possible outcome.

An Uninsured or Underinsured At-Fault Party

If you’re hurt in a car or truck accident with an uninsured or underinsured driver, their insurance coverage may not fully cover your losses. Your motor vehicle accident lawyer can help you explore other options for compensation, including your own uninsured/underinsured motorist coverage. It’s important to keep in mind that even your own insurer may not be looking out for your best interests. A personal injury lawyer can protect your rights and help you get the full amount of compensation to which you may be entitled.

A Personal Injury Lawyer Can Assess Your Claim from the Start

Generally, personal injury law in Oregon requires parties to file a lawsuit within two years of the date of the accident. In wrongful death cases, the statute of limitations is three years. However, statutes of limitations can vary by circumstance, and may give you even less time to file an injury lawsuit.

For example, if the liable party is a public or governmental agency or employee, you may have to file a tort claim notice within a few months and could lose your right to file a personal injury lawsuit if certain deadlines aren’t met. An Oregon motor vehicle accident lawyer will ensure all claims and information required are filed in a timely manner, provide valuable legal advice, negotiate on your behalf, and protect your rights throughout the process.

Contact Our Vehicle Accident Attorneys to Learn More

At Johnson and Taylor, our motor vehicle accident lawyers are dedicated to fighting for injured victims’ rights and helping them recover the maximum compensation they need and deserve. To schedule a free consultation, contact us online or call us at 503-990-6641. Our personal injury lawyers serve clients in Salem, Eugene, Bend, the Oregon Coast, Medford, and throughout the entire state of Oregon. Our experienced team includes Spanish-speaking attorneys and staff.

Wearing a Motorcycle Helmet Can Save Your Life

While nothing beats hopping on your bike and hitting the road on a beautiful day, it’s important to understand the risks of riding a motorcycle. At Johnson and Taylor, our vehicle accident lawyers have seen firsthand the devastating effects injured victims of motorcycle crashes often suffer. Our personal injury lawyers are dedicated to promoting motorcycle safety and know that helmets save lives. Wearing a helmet is also one of the best ways to prevent or mitigate the effects of traumatic brain injury and other serious injuries to the head, face, and neck.

Motorcycle Helmet Statistics

According to the National Highway Traffic Safety Administration (NHTSA), 5,932 motorcyclists were killed in fatal crashes in the U.S. in 2021. This is the highest number of motorcycle fatalities since reporting began in 1975. The NHTSA reports that wearing a helmet reduces the risk of dying in a motorcycle accident by 37%, and decreases the risk of head injury by 69%.

In addition, riders without helmets are three times more likely than helmeted motorcyclists to sustain traumatic brain injuries (TBI) in a crash. These statistics not only show that helmets save lives, but they also prevent serious brain injuries as well. The CDC reports that if all motorcycle riders wore helmets, the United States could save $1.5 billion in economic costs each year.

Motorcycle Helmet Law in Oregon

Under Oregon law, all riders and passengers of motorcycles, motorized scooters, mopeds, or unenclosed autocycles are required to wear helmets. Research has shown that universal helmet laws are very effective at promoting motorcycle safety. In states requiring helmets, 96% of motorcyclists observed were wearing helmets. In states without universal helmet laws, helmet use dropped to 57%, according to the NHTSA.

Not Wearing a Helmet May Affect the Outcome of an Injury Lawsuit

Putting on a helmet makes good sense when it comes to protecting yourself, but it can also have an impact on the compensation you may be entitled to receive in a personal injury lawsuit. Insurance companies may try to deny your claim or pay as little as possible if you fail to wear a helmet while riding a motorcycle. If you’ve been hurt, it’s critical to seek the counsel of an experienced motorcycle accident lawyer who’s well-versed in both Oregon traffic regulations and personal injury law.

What is a TBI?

Traumatic brain injury usually occurs when someone suffers a violent blow or jolt to the head or body. Objects that penetrate the skull or shattered bone can also cause TBI. Traumatic brain injuries range from mild concussions to severe injuries that result in long-term physical and psychological complications. Although some signs or symptoms of TBI may be apparent right away, others may not appear until days or weeks later.

Seek Medical Care and Contact a Catastrophic Injury Lawyer after a Crash

In some cases, TBI can be fatal. That’s why it’s critical to seek medical care immediately, even if you think you’re not seriously injured. Early detection and treatment of brain injuries can prevent more serious conditions and death. If you believe an accident was caused by someone else’s negligence, it’s also important to have a personal injury lawyer evaluate your claim. A catastrophic injury lawyer can determine who is at fault, ensure your rights are protected, and help you pursue a personal injury lawsuit for damages.

Choosing a Motorcycle Helmet

Motorcycle helmets come in many different styles, colors, and sizes. For optimal safety, it’s best to choose a full-face helmet that meets Department of Transportation (DOT) safety standards. The most basic benchmarks of helmet motorcycle safety include:

  • Collision protection — How a helmet protects riders from collisions with large objects
  • Strength of the helmet’s retention system —Whether the chin strap keeps the helmet secure in the event of an impact
  • Positional stability — Whether the helmet stays in place during critical moments
  • Extent of protection — Whether the helmet fully covers the head

Wearing a helmet with full face protection can help you avoid road rash, damage to the teeth, and other facial injuries.

Contact a Motor Vehicle Accident Attorney in Oregon

If you’ve been injured or have lost a loved one in a motorcycle accident, our catastrophic injury lawyers at Johnson and Taylor can help. Our firm litigates personal injury, divorce, and family law, and estate planning and probate cases. To schedule a free consultation with a vehicle accident lawyer, contact us online or call 503-990-6641. Our personal injury lawyers serve clients in Salem, Eugene, Bend, the Oregon Coast, Medford, and throughout the entire state of Oregon. Our experienced team includes Spanish-speaking attorneys and staff.

How Is Fault Determined in a Multiple-Vehicle Accident?

Often called chain-reaction accidents or pileups, multiple-vehicle crashes involve more than two cars, trucks, or semis. Because there may be several parties involved, determining fault and assigning liability in a multiple-vehicle crash can be challenging. Our car accident lawyers at Johnson and Taylor handle all types of cases involving multiple vehicles. Knowing how car accident fault is determined in Oregon can help you better understand the possible outcomes of a personal injury lawsuit.

Common Causes of Multiple-Vehicle Accidents in Oregon

Each situation is unique, but common causes of multi-vehicle accidents include:

  • Speeding
  • Reckless driving
  • Tailgating
  • Distracted driving
  • Driving under the influence of alcohol or drugs
  • Semi-truck accidents
  • Inclement weather

Our vehicle accident lawyers have extensive experience in personal injury law and have successfully handled cases involving countless crash scenarios.

Who Is to Blame for a Multi-Vehicle Crash?

Establishing fault in a multiple-vehicle crash can be complicated, but common culprits include:

  • The vehicle in front. When a car or truck suddenly hits the brakes, vehicles behind it may not be able to stop in time. This can set off a chain reaction of rear-end collisions, especially in heavy traffic. Although drivers behind the vehicle in front should maintain a safe distance, if the first driver hits the brakes for no reason, they could be found liable for causing a pileup crash.
  • The middle vehicle. Even if the vehicle in front was in motion or applied the brakes smoothly, a car behind it and in front of other vehicles can rear-end it. This often happens when a motorist is speeding or distracted.
  • The vehicle behind. The motorist bringing up the rear may be held liable if they hit a vehicle in front of them in a chain-reaction accident.

In all these scenarios, multiple motorists may be found to be at fault. That’s why these crashes require extensive investigation by law enforcement, insurance adjusters, and experienced personal injury lawyers. Evidence such as police reports, photographs, and the testimony of witnesses and experts can all be vital elements when determining car accident fault in a chain-reaction collision. Car crash attorneys often enlist the help of expert accident reconstructions to determine how a collision happened and who is at fault.

What to Do After a Multiple-Vehicle Crash

If you’re involved in a multiple-vehicle accident, call 911 and wait for police to arrive. If you are able and it’s safe to do so, take pictures of the scene, damage to vehicles, and your injuries. When you speak to the police, other motorists, or witnesses do not say anything like “I’m sorry” or “it was my fault.” Gather contact and insurance information from everyone involved in the multi-vehicle crash and any witnesses. Use the voice recorder on your phone or jot down notes about how the accident happened. Do not give a statement to insurance adjusters, sign anything, or accept a settlement without speaking to a motor vehicle accident lawyer first.

One of the most important things you can do to protect yourself is to seek medical attention as soon as possible. Symptoms of serious injuries such as internal bleeding may not be apparent right away. Going to the emergency room or seeing a doctor can ensure your injuries are properly diagnosed and you get the care you need. Medical records also provide valuable documentation of your injuries and will be essential if you decide to file a personal injury claim.

Recovering Compensation in Multiple-Vehicle Accident Claims

Pileup crashes often result in serious injuries and fatalities. If you or a loved one has been hurt in a multi-car crash, a personal injury lawyer may be able to help you recover damages such as:

  • Medical expenses
  • Lost income and earning capacity
  • Property damage
  • Pain and suffering
  • Emotional anguish
  • Loss of enjoyment of life
  • Loss of consortium
  • Scarring and disfigurement

Unfortunately, insurance companies do not have your best interests in mind and try to pay as little as possible on claims. An experienced car accident lawyer will thoroughly investigate your claim and handle all negotiations with insurers. Having a seasoned personal injury lawyer on your side can significantly increase your chances of recovering the maximum compensation you need to protect your health and financial security.

Contact Our Car Accident Attorneys to Learn More

At Johnson and Taylor, our vehicle accident lawyers are dedicated to fighting for injured victims’ rights. If you’ve been hurt in a multiple-vehicle crash, contact us online or call 503-990-6641 to schedule a free consultation. Johnson and Taylor litigates personal injury, divorce and family law and estate planning and probate cases. Our personal injury lawyers serve clients in Salem, Eugene, Bend, the Oregon Coast, Medford, and throughout the entire state of Oregon. Our experienced team includes Spanish-speaking attorneys and staff.

If an Uber Driver Causes an Accident Is the Company Liable in Oregon?

Rideshare apps such as Uber and Lyft have revolutionized the transportation industry. Although these services are convenient, rideshare accidents can leave injured victims wondering who will pay for their medical bills, wage loss, and other damages. At Johnson and Taylor, our personal injury lawyers know how to determine fault in a vehicle accident and have helped clients throughout Oregon recover the compensation they need to protect their health and finances.

Filing Insurance Claims After a Rideshare Accident

In Oregon, regardless of who is at fault for an accident, your own personal injury protection (PIP) insurance pays for your medical bills, wage loss, and other accident-related expenses. However, if you don’t have car insurance, your medical bills exceed your coverage amounts, or you want to pursue compensation for damages like pain and suffering, you’ll have to file a claim with a negligent party’s insurer.

Typically, Uber and Lyft drivers are independent contractors, not employees of a company. This means that in most cases if you’re involved in a rideshare accident caused by an Uber driver, you’ll have to file a claim with their personal insurance company first. However, if the driver’s insurance doesn’t cover all your damages, you may be able to recover compensation from the rideshare company.

It’s also important to know that for any damages to be covered by Uber or Lyft, a driver must be logged into the app when the rideshare accident occurred. Not only that, if another motorist was partially at fault for causing a crash, it may be necessary to file a personal injury claim with their insurance company as well.

Dealing With Multiple Rideshare Accident Claims

Personal injury claims involving more than one insurer get complicated very quickly. Dealing with insurance adjusters and piles of paperwork is frustrating and overwhelming when you’re trying to recover from an injury. Whether you were injured as a rideshare passenger, an occupant of another vehicle, or as a pedestrian or bicyclist, it’s crucial to seek the counsel of an experienced vehicle accident lawyer if you’ve been hurt in a rideshare crash. An attorney can evaluate your case, help you understand how personal injury law works in Oregon, and assist you with pursuing compensation from all available sources.

Uber Insurance Coverage Limits

If the driver was logged into the app and waiting for a ride request when an accident occurred, Uber’s insurer may provide $50,000 in bodily injury coverage per person, $100,000 per accident, and $25,000 in property damage liability.

If an Uber driver is on the way to pick up a rider or is carrying a passenger in the vehicle, Uber’s insurance company may provide up to $1 million in coverage. This includes uninsured/underinsured motorist coverage and contingent coverage for property damage.

If an Uber driver is logged out of the rideshare app when an accident occurs, damages will not be covered by the rideshare company.

Types of Damages in Rideshare Accident Cases

Just because Uber may offer insurance coverage in some cases, it doesn’t mean it’s easy to recover a fair amount of compensation for your injuries. That’s why it’s essential to hire an experienced vehicle accident lawyer who can help you file a personal injury lawsuit if necessary.

Depending on the specific circumstances, an auto accident attorney may be able to help you recover  compensation for:

  • Past and future medical bills
  • Wage loss
  • Loss of earning capacity
  • Emotional distress
  • Pain and suffering
  • Loss of enjoyment of life
  • Loss of companionship and consortium

Having a skilled personal injury lawyer negotiate with insurers on your behalf significantly increases your chances of recovering a fair settlement or award. You need to hire someone with a deep knowledge of Oregon personal injury law.

Contact Our Car Accident Attorneys to Learn More

At Johnson and Taylor, our personal injury attorneys keep up on the latest developments in rideshare injury law. Our experienced team includes Spanish-speaking attorneys and staff. We’re dedicated to helping rideshare accident victims throughout the state of Oregon get the compensation they deserve. Contact us online or call 503-990-6641 to schedule a free consultation. Our personal injury lawyers serve to Johnson and Taylor litigates personal injury, divorce and family law and estate planning and probate cases. Our personal injury lawyers serve clients in Salem, Eugene, Bend, the Oregon Coast, Medford, and throughout the entire state of Oregon.