Do you know alcohol-impaired drivers cause about 29 deaths per day throughout the US? Being injured or losing a loved one in a drunk driving accident is a devastating and life-changing experience. The worst thing is that the accident could have been avoided if the driver had been responsible enough.
Drunk driving causes injuries, property damage, and even fatalities. So, how can drunk drivers be held accountable for their negligent actions? You can sue the party at fault to receive compensation for the suffering and damages sustained.
Determining whether the driver responsible for your injuries was legally drunk is a critical part of your personal injury case.
In Oregon, a driver is considered legally intoxicated if their blood alcohol concentration (BAC) is 0.08% or higher.
For commercial drivers, the limit is even lower at 0.04%.
After an accident, law enforcement typically conducts field sobriety tests or administers a breathalyzer test to measure the driver’s BAC.
In some cases, a blood test may be ordered, especially if the driver refuses a breath test.
Many drunk driving lawyers would obtain these results, along with the police report and other evidence, to help establish that the driver was under the influence at the time of the crash.
However, it’s important to understand that even if the driver’s BAC is below the legal limit, they could still be impaired and held liable for your injuries. Alcohol affects individuals differently, and a lower BAC can still impair a person’s ability to drive safely. Additionally, drugs—whether prescription, over-the-counter, or illegal—can also impair judgment and reaction times, potentially contributing to the accident. The drunk driving accident attorneys would thoroughly investigate whether alcohol or drugs played a role in the accident, leveraging expert testimony, witness statements, and toxicology reports to prove intoxication and strengthen the case.
Immediately after a DUI accident, the most important thing for the victim to do is prioritize their safety and seek medical attention. Even if injuries seem minor at the time, the adrenaline from the crash can mask serious conditions that may emerge later. If able, the victim should move to a safe location away from traffic and call 911 to report the accident. Emergency responders will assess injuries, secure the scene, and file a police report. It’s crucial to make sure that law enforcement is informed about any suspicions of intoxication from the other driver, as they can conduct field sobriety tests or obtain evidence of impairment on the spot.
After addressing immediate medical needs, it’s essential for the victim to document the accident as thoroughly as possible. This includes taking photographs of the vehicles, damage, injuries, skid marks, and anything that could serve as evidence, such as alcohol containers or drug paraphernalia in the other driver’s vehicle. Collect contact information from witnesses and exchange details with the other driver, but avoid discussing fault or making any statements about the accident. Finally, it’s important to contact a personal injury attorney as soon as possible. An attorney can help protect the victim’s rights, handle communication with insurance companies, and gather crucial evidence to build a strong case against the impaired driver.
Filing a personal injury claim after a DUI accident involves several key steps, beginning with a thorough investigation of the accident. After receiving medical treatment, the victim should contact an experienced personal injury attorney who will help collect crucial evidence, such as police reports, medical records, witness statements, and photographs from the scene.
The attorney may also work with experts, such as accident reconstructionists or toxicologists, to prove the intoxicated driver’s fault. Once all relevant information is gathered, the attorney will calculate the full scope of the victim’s damages, including medical expenses, lost wages, property damage, pain and suffering, and any potential punitive damages. This step is essential to ensure the victim receives fair compensation for both current and future needs.
Next, the attorney will file a claim with the at-fault driver’s insurance company. In most cases, this begins the negotiation phase, where the insurance company may offer a settlement. The attorney will negotiate on the victim’s behalf to ensure the offer is adequate and covers all damages. If a fair settlement cannot be reached, the attorney may file a lawsuit and prepare the case for trial. Throughout this process, the victim’s attorney will handle legal filings, court appearances, and any required depositions.
While many DUI injury cases are settled out of court, having an experienced attorney ready to take the case to trial ensures the victim’s rights are fully protected and maximizes the chances of securing just compensation.
Yes, hiring a lawyer for a drunk driving injury case is crucial for several reasons. First and foremost, a personal injury attorney has the experience and legal expertise to navigate the complex process of proving liability and pursuing compensation. Drunk driving cases often involve multiple parties, including the driver, their insurance company, and potentially other defendants if the driver was overserved at a bar or restaurant. A lawyer can investigate all potential sources of liability and ensure that every avenue for compensation is explored. Without legal representation, victims might miss key deadlines, fail to gather crucial evidence, or accept a settlement offer that is far below what they are entitled to receive.
Additionally, insurance companies often aim to minimize payouts and may try to downplay the severity of your injuries or argue that you were partially at fault for the accident. An experienced accident attorney knows how to handle these tactics, negotiating aggressively to secure a fair settlement. If the insurance company refuses to offer an appropriate amount, a lawyer can file a lawsuit and represent you in court, ensuring your case is presented with the strongest possible evidence. By having legal representation, you maximize your chances of receiving the full compensation you deserve, including medical expenses, lost wages, pain and suffering, and punitive damages meant to punish the drunk driver.
It’s hard to say how much you can get in your DUI settlement; every accident and injury is different. However, statistics from around the country suggest that a common range for DUI settlements with serious injuries is between $80,000 and $1,250,000. But your settlement could be much more or less.
A major factor in what your drunk driving accident settlement will be is how much insurance the other driver has. In Oregon, the minimum liability insurance per person is $25,000, and $50,000 per accident.
Many drivers carry only the minimum amount of insurance. That’s why many settlements for DUI accidents may be between $25,000 and $50,000. If you have injuries and damages above those amounts, you would need to file a personal injury lawsuit against the negligent driver.
If the drunk driver has enough insurance coverage, it is important to add up economic and non-economic damages:
Economic damages are what you can easily calculate, such as bills for your medical expenses, rehabilitation, and lost earnings. Most insurance companies will compensate you with little argument if their client was intoxicated and caused the accident.
Non-economic damages include compensation for pain and suffering, loss of enjoyment of life, and more. These damages cannot be as easily calculated.
How much you can get for pain and suffering depends on many factors. Insurance companies usually have their opinion of what your pain and suffering is worth depending on your injuries. They will tend to value your pain and suffering less than you and your attorney do.
Punitive damages can sometimes come into play in Oregon DUI lawsuits. Punitive damages may be imposed if the drunk driver engaged in especially reckless behavior that resulted in your injuries. For example, a driver who was intoxicated far above the legal limit of .08 could be assessed punitive damages.
Every drunk driving injury case is different, so the best way to find out what your case may be worth is to talk to an attorney at the Herron Law Firm today. We offer a complimentary consultation and can tell you quickly if you have a case and the type of compensation you might expect.
When you’re recovering from injuries caused by a drunk driving accident, the last thing you want to worry about is how to pay for legal representation. The good news is that most personal injury lawyers, including Herron Law firm, work on a contingency fee basis. This means you don’t pay anything upfront, and drunk driving accident attorneys only get paid if they successfully recover compensation for their client. The attorney fee is typically a percentage of the settlement or court award, which the attorney and the client agree on. This arrangement allows injured people to focus on the recovery while attorneys handle the legal aspects of their client’s case without adding financial stress.
Additionally, personal injury lawyers cover the costs of gathering evidence, hiring experts, and filing necessary legal documents during the case. If your attorney wins their client’s case, those costs will be deducted from the final settlement or judgment. If your attorney doesn’t win, the clients don’t owe anything for the attorney’s time or the expenses incurred. This no-win/no-fee structure ensures that hiring a lawyer is accessible to everyone, regardless of their financial situation, and it aligns attorney-client interests to achieving the best possible outcome for the injury case.
You should consider suing a drunk driver when the injuries and damages you have suffered are significant, and the insurance settlement offered is insufficient to cover your losses. After a DUI accident, the first step is to file a claim with the at-fault driver’s insurance company. However, if the insurance company either denies the claim or offers a settlement that does not fully compensate for your medical expenses, lost wages, property damage, pain and suffering, or other losses, filing a lawsuit may be necessary.
In cases involving severe injuries or long-term disability, it is especially important to seek full compensation through legal action, as the long-term costs may far exceed what the insurance is willing to pay.
Suing a drunk driver may also be necessary if there are additional parties responsible for the accident. For instance, Oregon’s dram shop laws allow victims to pursue claims against establishments that overserved the driver’s alcohol if it can be proven that the establishment knowingly served a visibly intoxicated person.
Suing a drunk driver may also be appropriate if the driver has insufficient insurance coverage or no insurance at all. In these situations, a lawsuit can be a vital step in seeking the full compensation you deserve, whether from the driver’s personal assets or through additional liable parties.
Consulting with an attorney early in the process will help determine whether filing a lawsuit is the best course of action for your particular case.
Keep in mind that a personal injury claim against a drunk driver is separate from a criminal case. You don’t need to wait for the drunk driver to be convicted; you can file a claim or lawsuit whenever you like.
Attorney Bart Herron is a veteran, was a licensed social worker responsible for running the children’s program in a domestic violence shelter, and a steering committee board member for the Joint Task Force for the Prevention of Child Abuse, all before becoming a trial attorney. He understands how to talk to insurance adjusters and jurors.
