Drunk Driver

How to Handle Being Injured by a Drunk Driver in Oregon

Being injured by a drunk driver can turn your life upside down in an instant. In Oregon alone, 158 alcohol-involved traffic fatalities occurred in 2022, accounting for 31% of all traffic deaths that year. If you’ve become a victim of such recklessness, understanding your rights and the proper steps to take afterward is crucial for your recovery, both physically and financially.

At Ryan Hilts Law, we’ve guided countless Oregonians through this difficult process, and we’re here to help you navigate these challenging waters with confidence. If you or someone you love has been involved in a drunk driving accident, contact us today.

The Impact of Drunk Driving Accidents in Oregon

Oregon roads saw 1,887 crashes involving alcohol in 2022, resulting in 2,569 injuries. These preventable accidents often lead to:

Traumatic brain injuries
Spinal cord damage
Broken bones
Internal organ trauma
Long-term disabilities

“The physical injuries from drunk driving accidents are often just the beginning. Many victims face months or years of recovery, with some never returning to their pre-accident capabilities. The psychological and financial impacts can be equally devastating.” – Ryan Hilts, Founding Attorney

Beyond physical trauma, many victims develop post-traumatic stress disorder (PTSD), experiencing flashbacks, severe anxiety, and persistent fear of driving. These emotional scars can linger long after physical wounds have healed.

Case Example: Sarah’s Story

Sarah, a Portland resident, was driving home from work when a drunk driver ran a red light, T-boning her vehicle at an intersection. She suffered multiple broken ribs, a punctured lung, and severe whiplash. Beyond her physical injuries, Sarah developed debilitating anxiety when approaching intersections. Through our representation, we secured a settlement that covered her extensive medical treatment, therapy for PTSD, and compensation for her diminished quality of life. Today, Sarah has returned to work and is gradually reclaiming her independence.

Immediate Steps to Take After a Drunk Driving Accident in Oregon

📋 First Steps Checklist

✅ Seek immediate medical attention, even for seemingly minor injuries
✅ Call 911 to report the accident and suspected drunk driving
✅ Document the scene with photos and videos if safely possible
✅ Collect contact information from witnesses
✅ Note any signs of intoxication in the other driver
✅ Request a copy of the police report
✅ Contact an experienced Oregon drunk driving accident attorney

Seeking Medical Attention

Your health is the top priority after an accident. Many serious injuries don’t show symptoms immediately due to shock and adrenaline.

Important: Oregon’s Personal Injury Protection (PIP) insurance provides coverage regardless of fault, but you must seek treatment within 14 days to qualify for certain benefits.

“I’ve seen clients who initially declined medical attention after an accident, only to discover serious injuries days later. Prompt medical documentation not only protects your health but creates a crucial link between the accident and your injuries for your case.” – Legal Team Member, Ryan Hilts Law

Gathering Evidence at the Scene

If your injuries permit and it’s safe to do so, collecting evidence can substantially strengthen your case:

Take photos of vehicle damage, road conditions, and skid marks
Document any visible evidence of alcohol consumption
Record the other driver’s behavior that suggests intoxication
Obtain contact information from witnesses
Note the responding officers’ names and badge numbers

Oregon Law Enforcement Procedures for Drunk Driving Accidents

Oregon has specific protocols for suspected drunk driving crashes. When police arrive, they’re trained to:

Administer field sobriety tests
Conduct breathalyzer examinations (BAC limit in Oregon is 0.08%)
Document signs of intoxication in their report
Potentially arrest the impaired driver at the scene

Under Oregon’s implied consent law, drivers are deemed to have given consent to alcohol testing if arrested for DUI. Refusal results in automatic license suspension.

Legal Rights for Oregon Victims of Drunk Driving

📑 Document Collection Checklist

Gather these essential documents to strengthen your case:

Police report
Medical records and bills
Photographs of injuries and property damage
Witness statements
Income verification (pay stubs, tax returns)
Insurance policies (yours and the at-fault driver’s)
Receipts for out-of-pocket expenses
Vehicle repair/replacement estimates
Journal documenting pain and recovery progress

Understanding Oregon’s Drunk Driving Laws and Liability

Oregon applies a “negligence per se” standard in drunk driving cases, which means the impaired driver is automatically considered negligent by violating Oregon’s DUI laws. This significantly strengthens your position when seeking compensation.

Additionally, Oregon has:

Dram shop laws that allow victims to pursue claims against bars or restaurants that over-served visibly intoxicated patrons
Modified comparative fault system where victims can recover damages as long as they are not more than 50% responsible
2-year statute of limitations for personal injury claims related to drunk driving accidents

The Oregon Legal Process: Filing a Claim Against a Drunk Driver

The path to recovery typically involves multiple stages, from initial insurance claims to potential litigation. In Oregon, this process has specific timelines and requirements:

Initial consultation with an Oregon drunk driving accident attorney (ideally within days of the accident)
Investigation phase where evidence is gathered and preserved
Insurance claim filing against the at-fault driver’s policy
Demand letter outlining injuries, damages, and compensation sought
Negotiation with insurance companies
Filing a lawsuit if settlement offers are inadequate
Discovery process including depositions and document exchanges
Mediation attempt to resolve the case without trial
Trial if necessary (though most cases settle before this stage)

Oregon’s Statute of Limitations

Oregon law gives victims 2 years from the date of injury to file a personal injury lawsuit. Missing this deadline typically results in permanently losing your right to seek compensation, regardless of how clear the driver’s liability might be.

Important exception: If the victim is a minor, the statute of limitations may be extended.

Types of Compensation Available to Oregon Victims

In Oregon, the average settlement for drunk driving accidents typically ranges from $50,000 to $100,000, with severe cases involving catastrophic injuries or fatalities potentially reaching millions. However, every case is unique.

Recoverable Damages in Oregon

Economic Damages

Current and future medical expenses
Rehabilitation costs
Lost wages and diminished earning capacity
Property damage
Out-of-pocket expenses

Non-Economic Damages

Pain and suffering
Emotional distress
Loss of enjoyment of life
Loss of consortium (impact on relationships)

Punitive Damages

Oregon allows punitive damages in drunk driving cases to punish particularly reckless behavior. These damages can significantly increase the total compensation, especially when the driver’s blood alcohol content was substantially above the legal limit.

Recent Legal Precedent: Landmark Oregon Case

In a 2021 case involving a defendant with multiple prior DUI convictions, an Oregon jury awarded $1.2 million in punitive damages on top of compensatory damages. This ruling reinforced Oregon’s strong stance against repeat drunk driving offenders and established an important precedent for victims seeking full accountability.

Why Working with an Oregon Drunk Driving Accident Attorney Matters

Local Expertise Makes a Difference

Oregon’s unique laws regarding drunk driving cases require specialized knowledge. At Ryan Hilts Law, we understand the nuances of:

Oregon’s comparative negligence standards
Local court procedures in Lake Oswego, Bend, and throughout Oregon
How to effectively negotiate with Oregon insurance providers
Which medical experts provide the most compelling testimony in Oregon courts

“Having represented drunk driving victims throughout Oregon for over 15 years, I’ve seen how local knowledge can dramatically impact case outcomes. Understanding Oregon’s judicial tendencies and building relationships with local experts has allowed us to secure maximum compensation for our clients.” – Ryan Hilts

Our Approach to Drunk Driving Cases

At Ryan Hilts Law, we take a comprehensive approach to representing drunk driving accident victims:

Personalized attention – We limit our caseload to ensure each client receives the focus they deserve
Thorough investigation – We work with accident reconstruction specialists and toxicology experts
Comprehensive damages calculation – We consult medical and economic experts to fully assess long-term impacts
Aggressive negotiation – We leverage evidence of intoxication to maximize settlement offers
Trial preparation – We prepare every case as if it will go to trial, strengthening our negotiating position

Free Consultation for Oregon Drunk Driving Accident Victims

If you’ve been injured by a drunk driver in Oregon, time is of the essence. Contact Ryan Hilts Law for a free, no-obligation consultation to understand your legal options. Our contingency fee structure means you pay nothing unless we secure compensation on your behalf.

March 22, 2025/by admin

Article, Car Accident, Drunk Driver

What to do after an accident with a DUI driver

Being involved in a car accident is always a stressful and potentially life-altering event. However, when the other driver involved is under the influence of alcohol or drugs (DUI), it not only adds to the emotional and physical trauma but also brings along legal and financial complications. To protect yourself and ensure a smoother recovery process, here are some essential steps you should take after an accident with a DUI driver.

Understanding the Implications of a DUI Accident

A DUI accident refers to a collision or incident caused by a driver operating a vehicle while impaired by alcohol or drugs. It is important to understand the legal consequences and potential damages associated with such accidents.

When a driver gets behind the wheel while under the influence, they not only put their own life at risk but also endanger the lives of others on the road. The effects of alcohol or drugs can impair their judgment, coordination, and reaction time, making them more prone to making mistakes and causing accidents.

Legal Consequences for the DUI Driver

A DUI driver may face severe legal consequences, including fines, license suspension, mandatory alcohol education programs, and even imprisonment, depending on the severity of the accident and their prior history. These penalties are in place to deter individuals from driving under the influence and to hold them accountable for their actions.

When law enforcement officers respond to a DUI accident, they conduct investigations to gather evidence and determine the level of impairment. The driver will be subjected to field sobriety tests, breathalyzer tests, or blood tests to establish their blood alcohol concentration (BAC) or the presence of drugs in their system. The results of these tests play a crucial role in determining the legal consequences the driver will face.

Potential Damages and Injuries

In a DUI accident, there is a high risk of severe injuries and property damage. The intoxicated driver’s impaired judgment and reduced reaction time significantly increase the chance of accidents resulting in life-altering injuries or, in worst-case scenarios, fatalities.

Victims of DUI accidents may suffer from a wide range of injuries, including broken bones, traumatic brain injuries, spinal cord injuries, internal organ damage, and severe burns. These injuries can have long-lasting physical, emotional, and financial consequences for the victims and their families.

Furthermore, the property damage caused by DUI accidents can be extensive. Collisions at high speeds can result in total vehicle destruction, leaving the victims without transportation and facing significant repair or replacement costs.

It is worth noting that DUI accidents not only affect the individuals directly involved but also impact the broader community. These accidents can lead to increased insurance premiums for all drivers, strain on emergency response systems, and a general sense of fear and unease among the public.

Therefore, it is crucial to raise awareness about the dangers of driving under the influence and to promote responsible decision-making when it comes to alcohol or drug consumption. By understanding the legal consequences and potential damages associated with DUI accidents, we can work towards creating safer roads for everyone.

Immediate Steps to Take at the Accident Scene

Once involved in an accident with a DUI driver, it is crucial to prioritize safety and gather vital information for legal and insurance purposes.

Ensuring Safety and Calling Authorities

The first step is to ensure your safety and the safety of others involved. If possible, move to a safe location away from traffic. If anyone is injured, call for medical help immediately. Simultaneously, contact local law enforcement to report the accident and inform them about the suspicion of a DUI driver.

Gathering Necessary Information

While waiting for the authorities to arrive, gather as much information as possible. Record the DUI driver’s details, including their name, contact information, driver’s license number, and insurance information. Document the accident scene by taking photos or videos, capturing the damaged vehicles, and any visible injuries.

Seeking Medical Attention Post-Accident

Even if you feel fine immediately after the accident, it is crucial to seek medical attention promptly.

Importance of Immediate Medical Check-up

Some injuries, such as internal bleeding or whiplash, may not manifest symptoms right away. Only a qualified healthcare professional can provide a comprehensive examination to identify any hidden injuries. Additionally, having a documented medical report can strengthen your case when dealing with insurance claims.

Long-Term Health Implications

Some injuries resulting from a DUI accident can have long-lasting implications on your physical and mental health. Addressing these issues promptly and obtaining appropriate medical care is essential to minimize long-term complications and ensure the best possible recovery.

Reporting the Incident to Your Insurance Company

As soon as possible following the accident, you should report the incident to your insurance company.

Timing and Details of Reporting

Provide your insurance company with accurate and detailed information about the accident, including the DUI driver’s involvement. Be prepared to answer any questions they may have and cooperate fully with their investigation. Prompt reporting is crucial for insurance claim processing.

Dealing with Insurance Adjusters

After reporting the incident, your insurance company may assign an insurance adjuster to handle your claim. Be honest and provide all necessary information, emphasizing the involvement of a DUI driver. However, be cautious when providing statements to the DUI driver’s insurance, as they may try to reduce their liability. Consider consulting with a personal injury attorney experienced in DUI accidents to protect your rights throughout the process.

Legal Actions to Consider After a DUI Accident

If you have been involved in a DUI accident, it is advisable to seek legal guidance to protect your interests and seek potential compensation for your damages.

Hiring a Personal Injury Attorney

A personal injury attorney experienced in DUI accidents can help navigate the legal complexities, gather evidence, negotiate with insurance companies, and represent your best interests in court if necessary. Their expertise can significantly improve your chances of obtaining fair compensation for your injuries, medical bills, lost wages, and emotional distress.

Filing a Lawsuit against the DUI Driver

In cases where the DUI driver’s negligence has resulted in severe injuries or significant financial losses, filing a lawsuit may be necessary to hold the driver accountable and seek further compensation. Your personal injury attorney can guide you through the process, ensuring that your rights are protected.

Finally, remember that each DUI accident case is unique, and seeking legal advice from a personal injury attorney specialized in car accidents and DUI cases is crucial. By taking these steps and working with professionals who understand the complexities of DUI accidents, you can focus on your recovery and secure the necessary support during this challenging time.

September 12, 2023/by admin

Car Accident, Drunk Driver

In an auto accident because of a drunk driver in Oregon?

Here’s what you can do.

According to the Oregon Department of Transportation, drunk driving accounted for 1,783 of the total auto accidents in . Under the Oregon vehicle code, driving with a blood alcohol content of .08% or more in non-commercial drivers or .04% or more in commercial drivers is a punishable offense in Oregon which can result in a fine or jail, or both.

Oregon’s insurance system provides accident victims with more flexibility than in many other states. Oregon requires all drivers to carrying Personal Injury Protection (PIP) medical insurance of a minimum amount of $15,000. PIP will also pay 70% of lost wages, up to $3,000 per month. If the accident was caused by someone else, PIP will be reimbursed from the at-fault insurance company. Injured parties can also file a claim against the at-fault insurance company for reimbursement of economic and non-economic (pain and suffering) damages.

Our experienced Oregon car accident attorneys at Ryan Hilts law can assist you in pursuing financial compensation against drunk drivers.

Details of your case, such as the extent of your injuries, lost wages, medical expenses, and any other losses will determine the amount of compensation you will receive as a result of your injuries.

In Oregon, there are time restrictions for filing a claim for damages following a drunk driving accident, known as the “statute of limitations.” There are also additional deadlines that must be met depending on certain circumstances. Do not hesitate to call a lawyer immediately so that all deadlines are met and you are able to pursue your claim.

Our experienced Oregon Auto Accident Attorneys can help you establish your claim and determine who is responsible for compensating you for your injuries. Insurance companies try to settle claims for as little as possible. Because of this, it is highly recommended that you seek the advice of our experienced Oregon Auto Accident Attorneys at Ryan Hilts Law. You may safeguard your right to fair compensation by hiring our experienced Oregon Auto Accident Attorneys at Ryan Hilts Law. Our experienced Oregon Auto Accident Attorneys at Ryan Hilts Law are practicing in Portland Oregon, Lake Oswego, and the surrounding areas. You can contact our experienced Oregon Auto Accident Attorney here.

August 23, 2022/by admin

Car Accident, Drunk Driver, Settlement

DUI Personal Injury Settlements

Insurance companies know that the courts look very harshly on driving under the influence, which increases the chance that either the driver’s insurance company or lawyers will attempt to settle out of court. Insurance companies will also do their best to whittle this settlement amount down to the lowest figure they can manage to save money. Because of this, it is very important to retain an experienced personal injury attorney to make sure that the settlement figure will adequately cover your tangible and intangible damages.

What to Know About DUI Personal Injury Settlements

What is Included in a Personal Injury Settlement

When you agree to a personal injury settlement, it’s important not to leave any money on the table. Ideally, all your financial losses pertaining to a car accident should be recouped. These include, but are not limited to:

Repair or replace for the cost of your vehicle
Hospital bills and bills for follow-up visits
Therapy and counseling bills in the case of mental or emotional distress
Physical therapy costs
Lost wages from not being able to work

Financial losses from a car accident don’t just apply to the scene of the accident. After all, the damages from a car accident can be felt for months and even years after the incident.

Do Not Settle Right Away

Because the full damages of a car accident can take months or even years to assess and be fully realized, it is important that you do not settle soon after the accident. Most insurance companies will attempt to pressure you into accepting a settlement immediately. This settlement will often include some type of release of liability. The release of liability will prohibit you from pursuing further injury claims after accepting the settlement. The release of liability form is final, which makes it doubly important that a personal injury attorney looks over the settlement agreement before you sign the document.

It’s also important not to settle right away so that you can assess your health and financial setback from the asset in the months after the accident in case long-term injury manifests itself after your initial treatment.

Begin Preparing Yourself As Soon as Possible

Whether you intend to settle with the insurance company or go to court, it’s important to prepare for either outcome as soon as possible. Collecting detailed records of all incidents, injuries, and bills as soon as you are able will help you and your attorney negotiate for an appropriate amount of damages.

September 23, 2018/0 Comments/by admin

Car Accident, Drunk Driver

Drunk Driver Totaled My Car

An accident involving a drunk driver that leaves your car totaled is devastating. Not only are your health and wellness affected by the accident, but your livelihood as well. We depend on our vehicles to get to important places like school and our job. Because of this, being faced with the cost and time of replacing your vehicle can seem overwhelming. Thankfully, you have legal options on your side to deal with your car being totaled if you were hit by a drunk driver. It’s important to consult with a personal injury attorney before beginning the process, to ensure you receive the damages that you are entitled to.

What to Do If You’ve Been Hit By a Drunk Driver

If you’ve been in a car accident and you suspect the other driver is drunk, call 911 immediately. You’ll want to call emergency services anyway if you have or think you have been injured. However, the police will also arrive, and be able to assess and administer tests to prove whether the other driver was intoxicated.

It is important to get police on the scene, as their report will be valuable documentation for your claim. A police report of the suspected level of intoxication and subsequent arrest will help you pursue the damages you deserve.

Collect All the Details

Finally, be sure to obtain the insurance information of the other driver. If you’re unable to at the scene, the police documentation will contain this information.

Get Legal Help

If you were injured in the accident, get a personal injury lawyer. Do not sign anything from the insurance company or take any settlements before talking it over with a personal injury attorney.

Make Contact with Insurance

If the other drivers’ insurance company is difficult for you to reach, it’s possible for your insurance company to step in. In many cases, they will pay out the cost of replacing your vehicle, and sue the other insurance company to get their money back.

Keep meticulous records of anything relating to the accident that you could be awarded damages for. This includes hospital bills, specialist visits, the value of your vehicle, and the cost of rentals where applicable. If your vehicle was paid for under a lien, make sure to get documentation of the original loan amount and the amount still owed on the vehicle at the time of the accident.

Keep in mind that insurance companies are not personally invested in your injuries or inconvenience. They want to pay the least amount that they can get away with on the claim. This is why it is important to have all documentation and offers looked over by a personal injury attorney.

If the Drunk Driver is Not Insured

If the drunk driver you were struck by is not insured or is underinsured, you most likely will need to establish an Uninsured Motorist or Underinsured Motorist Claim to get the damages you need for pain and suffering, medical expenses, lost wages, etc. Review your auto insurance coverage as soon as possible to determine your Uninsured Motorist Coverage or Underinsured Motorist Coverage. This determines whether your insurance company will shoulder some or all of the cost of your expenses and if you’ll need to go to court to collect further damages.

August 27, 2018/0 Comments/by admin

Car Accident, Drunk Driver, News, Settlement

Pain and Suffering Hit By Drunk Driver

April 24, 2018/0 Comments/by admin