Victim of Drunk Driver Legal Options
If you were the in an accident caused by a drunk driver you have the right to seek compensation from their insurance company. This includes compensation for the medical expenses that accrued from any injuries you sustained in the accident, damage to your vehicle, pain and suffering and lost wages. You were not at fault for the accident and should be recompensed for all you have endured. Make sure to include in that final amount all of your medical expenses, this includes any future treatment you will have to receive.
In cases where the driver was convicted of a DUII (driving under the influence of intoxicants) the insurance company of said driver is eager to settle out of court. They realize that you have a solid case against them and will do all that they can to avoid a trial. With the help of your Portland personal injury attorney you can negotiate with the insurance company in order to receive compensation.
You also have the right to file a civil lawsuit against the drunk driver. In this you can also seek compensation for your lost wages, medical expenses, damage to your vehicle and pain and suffering. In a civil suit you will sue the drunk driver personally. It is important to have a qualified Portland personal injury attorney as your representation throughout this legal process. Your lawyer will fight to see that you receive the compensation you are due.
This is not to be mistaken for the criminal charges they may face. Someone who drives while intoxicated will face criminal charges and the possibility of conviction for DUII. Depending upon the nature of the accident they may face additional charges. These will be brought against them by the state of Oregon; your civil lawsuit will be in addition to these criminal charges.
Dram Shop Lawsuit
In the state of Oregon, if you were injured as the result of a drunk driver you have the right to file a dram shop lawsuit. Places of business that sell alcohol such as restaurants, bars or liquor stores are dram shops. If a dram shop sold alcohol to an already intoxicated person and said person was in an accident as the result of drunk driving, the dram shop can be sued by the victim(s) of the accident. They would be seen as partially liable for the accident
In these cases you will have to prove that the dram shop in question sold alcohol to an already intoxicated person. For example, if a bartender continues to serve a clearly drunken individual they can be held liable should that person get into an accident. However, if the bartender refused to serve alcohol when a person reaches intoxication they cannot be held liable for an accident they may get into. The bartender followed the law by refusing to sell alcohol to a drunken person, and therefore, is protected from being held liable.
There are several options for victims of drunk drivers to seek compensation. At Dawson Law Group we will help you determine the best course of action for your unique case. The Portland personal injury attorney you hire from our firm will guide you through every step of your legal process. For qualified legal representation, call Dawson Law Group today.
Car Accident Resources:
- Car Accident Claim Overview
- Car Accident Frequently Asked Questions
- What to Do After a Car Accident
- What to Expect from your Car Accident Claim
- Negotiating with Car Insurance Companies
- Recently Won Car Accident Claims
- Oregon DMV- Your Responsibilities in an Accident
- Oregon Traffic Accident and Insurance Report (Oregon DMV Form 735-32)
- National Safety Council
At Dawson Law Group we can confidently and successfully handle your case. We have experience in all types of car accident cases and will provide you with a top Portland car accident lawyer to represent you. The at-fault driver’s insurance company will do all that they can to keep you from getting the full settlement amount you are due. We will gladly take on the insurance company and ensure that you settlement is fair. Call Dawson Law Group today and receive the compensation you deserve. Give us a call at 503-919-1315 for a free phone consultation where we can get to know you and answer your questions. Remember, we won’t charge you any attorney fees if you don’t win your claim, so it’s in our best interest as well as yours to secure the most favorable outcome for you in a timely manner.