Salem Drunk Driving Accident Attorneys

How to Prove Liability in a Drunk Driving Accident Claim

To successfully recover compensation in a drunk driving accident claim, you must establish negligence by a preponderance of the evidence, meaning it is “more likely than not” that the drunk driver is the proximate cause of the crash and your injuries. 

Below are the key elements required to demonstrate liability: 

• Duty of care. The drunk driver (defendant) owed you a duty of care, such as obeying traffic laws and driving safely. 
• Breach of duty. The driver breached their duty of care by operating a vehicle while impaired by drugs or alcohol.
• Causation. The driver’s impairment was the direct cause of the crash. 
• Damages. You suffered actual losses as a result, such as medical bills, lost wages, or pain and suffering.

Proving liability in a drunk driving accident lawsuit can be complicated, especially while recovering from a serious injury. Our attorneys are well-versed in these strict legal requirements to help you meet the burden of proof in your claim. 

Understanding Oregon’s Dram Shop Laws After a Drunk Driving Crash

Oregon’s dram shop laws allow injured victims to pursue compensation against businesses or social hosts whose unlawful alcohol service contributed to a drunk driving accident. This applies to all businesses that serve alcohol, including bars, restaurants, liquor stores, and stadium vendors.

To hold a bar, restaurant owner, or alcohol vendor liable for a drunk driving accident, the victim must prove that the driver was visibly intoxicated when provided alcohol by the establishment. Our lawyers have extensive experience in dram shop and social host liability cases to build a strong claim while upholding your rights at every turn. 

Can Bars Or Restaurants Be Held Liable for a Drunk Driving Accident?

Bars, restaurants, and other alcohol providers may be held liable in certain drunk driving accident cases if they served alcohol to someone who was visibly intoxicated, and that person later caused injuries to another party. These claims are commonly referred to as “dram shop” claims. 

These cases can be significantly more complex than standard auto accident claims because they frequently involve multiple parties, extensive investigations, and heightened evidentiary standards. We can preserve evidence, identify witnesses, and investigate every source of liability to maximize your recovery.

How Police Reports & BAC Evidence Affect Drunk Driving Accident Claims

It’s important to understand that any criminal proceedings following a drunk driving incident are completely separate from a civil lawsuit. However, when drunk driving accidents involve a history of DUI or reckless driving, this can affect how a claim is evaluated. In some cases, the information gathered during a DUI investigation can help establish liability or support claims for punitive damages. 

We can carefully analyze police reports, field sobriety test findings, chemical test results, dashcam footage, and witness statements to identify evidence that may strengthen your claim. Our attorneys also understand how to address inconsistencies, missing records, and disputed evidence that insurance companies may attempt to use to minimize responsibility for the crash.

How We Work to Recover Maximum Compensation for Our Clients

This includes:

Conducting Independent Investigations

We leave no stone unturned in our pursuit of justice and work closely with a trusted network of accident reconstructionists, medical specialists, and financial experts to build robust, evidence-backed cases. 

Documenting the Full Extent of Damages

Insurers may push lowball settlements or argue that an injury was preexisting in an effort to evade fair payouts. We are familiar with these tactics to hold insurance companies accountable and force them to the negotiating table.

Negotiating with Insurers

Insurers often push lowball settlements or argue that an injury was preexisting in an effort to evade fair payouts. We are familiar with these tactics to hold insurance companies accountable and force them to the negotiating table.

Providing Trial-Ready Representation

By preparing every case like it’s going to trial, our highly skilled advocates negotiate from a position of strength and remain ready to aggressively advocate for our clients in court when insurers refuse to offer reasonable compensation.

FAQs About Drunk Driving Accidents

What Should I Do After a Drunk Driving Accident?

After a drunk driving accident, prioritize your safety and pursue medical attention as soon as possible. Call 911 so the police could investigate the crash and document suspected impairment. If you are able, take photographs of the vehicles, roadway, visible injuries, and surrounding conditions. Keep copies of medical records, bills, insurance correspondence, and the police report. Avoid making statements to the at-fault driver’s insurance company before understanding your legal rights.

Can I Sue a Drunk Driver Who Caused My Accident?

Yes. If an impaired driver caused a crash through negligent or reckless conduct, an injured person may have grounds for a personal injury claim. A criminal DUII charge and a civil injury claim are separate matters. Even if the driver faces criminal prosecution, you may still pursue compensation for injuries and other losses resulting from the accident.

What If the Drunk Driver Was Arrested?

An arrest or DUII charge can provide important evidence regarding the circumstances of the crash, but it does not automatically establish the value of a civil claim. Police reports, witness statements, toxicology or breath-test evidence, photographs, medical records, and accident reconstruction evidence may all be relevant. Our attorneys can evaluate the available evidence and determine how it may support your injury claim.

What If I Was Partially Responsible for the Accident?

Being partially responsible does not necessarily prevent you from recovering compensation. Oregon applies comparative fault rules that can affect the amount of damages an injured person may recover. Because fault can become complicated when multiple drivers, road conditions, or other factors contributed to a crash, it is important to have the circumstances of the accident carefully evaluated.

Can a Passenger Injured by a Drunk Driver File a Claim?

Yes. Passengers injured in crashes caused by impaired drivers may have the right to pursue compensation for their injuries. This can apply whether the passenger was riding with the intoxicated driver or was traveling in another vehicle involved in the collision. The available claims and insurance coverage will depend on the circumstances of the accident.

What Evidence Can Help Prove a Drunk Driving Accident Claim?

Evidence may include the police report, DUII arrest records, breath or blood test results, witness statements, photographs, surveillance or dashcam footage, medical records, vehicle damage, accident reconstruction findings, and communications with insurance companies. Promptly preserving evidence can be particularly important because some evidence may become unavailable over time.

How Long Do I Have to File a Drunk Driving Accident Claim in Oregon?

Oregon law imposes deadlines for filing personal injury claims, and the applicable deadline can vary depending on the circumstances of the case and the parties involved. Waiting too long could jeopardize your ability to pursue compensation. An attorney can review the date and circumstances of your accident and identify the deadlines that may apply to your claim.

Contact Our Drunk Driving Accident Lawyer in Salem Today

A drunk driving accident could leave you dealing with painful injuries, expensive medical treatment, lost income, vehicle damage, and uncertainty about what comes next. You should not have to navigate the insurance claims process or determine the full value of your losses on your own. Our drunk driving accident lawyer in Salem can investigate the circumstances of your collision, gather and preserve important evidence, communicate with insurance companies, and pursue the compensation you may be entitled to recover. If you or someone you love was injured because another driver chose to drive while impaired, contact our office today to discuss your legal options and learn how we may be able to help with your claim.

Don’t pay the price for someone else’s negligence. Contact us online to discuss your case with our experienced drunk driving lawyers in Salem. Se habla español.