Drunk Driving Accidents Attorney

Drunk driving is illegal, and it’s a reckless and negligent choice that puts innocent lives at risk. Victims of drunk driving accidents often sustain catastrophic, life-altering injuries or tragically lose their lives as a result of another person’s selfish decision to get behind the wheel while intoxicated.

If you or a loved one has been harmed by a drunk driver, you deserve a dedicated drunk driving accident lawyer who will fight tirelessly for the compensation you’re entitled to. At OlsenDaines, we have offices throughout Oregon and Washington, and our experienced team is ready to advocate for your rights and help you navigate this challenging time.

What to Do If You Suspect the Other Driver Is Drunk

If you’ve been involved in an accident and suspect the other driver may be intoxicated, there are several important steps you should take to protect yourself and strengthen your potential claim:

1. Call 911 immediately. Law enforcement will conduct field sobriety tests and potentially a breathalyzer or blood test.
2. Document everything. If you’re safely able to do so, take photos and videos of the accident scene, vehicle damage, and any visible signs of impairment (such as alcohol bottles or cans in the other vehicle).
3. Note your observations. Write down details about the other driver’s behavior, such as slurred speech, smell of alcohol, bloodshot eyes, or erratic actions.
4. Gather witness information. Obtain contact details from anyone who witnessed the accident or the other driver’s behavior.
5. Seek medical attention. Getting checked out creates a medical record linking your injuries to the accident.
6. Contact a drunk driving accident attorney. Reach out to an experienced lawyer as soon as possible to discuss your options and protect your legal rights.

What a DUI Accident Attorney Can Do For You

Working with a skilled drunk driving injury lawyer can make a significant difference in the outcome of your case. An experienced attorney can help you obtain compensation for: vehicle repair or replacement costs, lost wages, medical expenses, and pain and suffering.

Can You Get Punitive Damages for a DUI Accident?

In both Oregon and Washington, punitive damages may be available in drunk driving accident cases. These damages are intended to punish the defendant for particularly reckless or egregious conduct and send a message to discourage others from engaging in similar behavior.

In Oregon, punitive damages may be awarded when the defendant’s conduct was particularly “wanton,” meaning they showed a reckless disregard for the rights or safety of others. Drunk driving often meets this standard.

In Washington, punitive damages are less commonly awarded, but may be available in cases involving intentional misconduct or gross negligence. An experienced drunk driving attorney can evaluate your case and advise whether punitive damages may be recoverable in your specific circumstances.

How Does the Driver Being Drunk Affect Your Claim?

When the at-fault driver was intoxicated at the time of the accident, it can significantly impact your personal injury case in different ways.

Proving negligence is typically easier when the other driver was drunk. Operating a vehicle while intoxicated is a clear violation of the law, and this illegal conduct serves as strong evidence of negligent behavior. In many cases, a DUI arrest or conviction can be used as evidence in your civil case to demonstrate that the driver breached their duty of care.

Higher compensation may be possible if the driver was drunk. Because drunk driving is considered an egregious and reckless action, juries and insurance adjusters often view these cases more seriously.

What Happens If the Drunk Driver Pleads Guilty to DUI?

If the drunk driver pleads guilty to or is convicted of DUI in criminal court, this can significantly benefit your civil personal injury case. While the criminal case and your civil claim are separate legal proceedings, a guilty plea or conviction can:

• Serve as powerful evidence. A DUI conviction demonstrates that the driver was legally intoxicated, making it much harder for them to deny fault in your civil case.
• Strengthen your negotiation position. Insurance companies may be more willing to offer a fair settlement when faced with undeniable evidence of intoxication.
• Support claims for punitive damages. A criminal conviction underscores the reckless nature of the defendant’s conduct.

Dram Shop Liability: When Establishments Are Held Accountable

In some cases, you may be able to hold more than just the drunk driver responsible for your injuries. Both Oregon and Washington have dram shop liability laws that allow victims to sue bars, restaurants, or other establishments that served alcohol to an obviously intoxicated person who then caused an accident.

Under Oregon law, an establishment may be held liable if they served alcohol to a person who was visibly intoxicated at the time of service. The key factor is whether the server knew or should have known the patron was already drunk.

Washington’s dram shop laws are somewhat more limited, but still provide recourse for victims. Establishments can be held liable under certain circumstances, particularly when alcohol was served to someone who was obviously intoxicated.

When Can You Sue an Establishment?

You may have a valid claim against a bar, restaurant, or other alcohol-serving establishment if:

• The drunk driver was served alcohol while already visibly intoxicated.
• The establishment knew or should have known the patron was intoxicated.
• The establishment continued to serve alcohol despite obvious signs of impairment.
• The over-service of alcohol was a contributing factor in the accident.

Wrongful Death Claims in Deadly DUI Accidents

The loss of a spouse, parent, child, or other family member in a drunk driving crash is an unimaginable tragedy. If you’ve experienced this devastating loss, you may be entitled to file a wrongful death lawsuit against the drunk driver and potentially other liable parties.

What to Do After a Fatal DUI Accident

1. Preserve all evidence. Keep any documentation related to the accident, including police reports and medical records.
2. Request a copy of the accident report. This will contain critical information about the investigation.
3. Avoid speaking to insurance companies. Insurance adjusters may try to minimize the value of your claim.
4. Contact an experienced drunk driving accident attorney. Time limits apply to wrongful death claims, so it’s important to act quickly.
5. Focus on you and your family. Let your legal team handle the legal complexities while you grieve and support your loved ones.

Who Can File a Wrongful Death Claim?

In Oregon and Washington, a wrongful death lawsuit can only be brought by the personal representative of the decedent’s estate, who is appointed by a probate court. Typically this is a surviving family member, such as a spouse, adult child, or parent.

What Damages Can Be Recovered?

• Medical costs incurred by the victim before their death.
• Funeral and burial expenses.
• Loss of the deceased’s income and earning potential.
• Loss of financial support the family would have received.

Contact Our Experienced Attorneys in Oregon & Washington

Don’t face the aftermath of a drunk driving accident alone. The experienced team at OlsenDaines is here to guide you through every step of the legal process, answer your questions, and advocate aggressively on your behalf.

To schedule your free consultation, call us today or fill out our online form here. We’re ready to listen to your story and help you understand your legal options. You deserve justice.