Drunk 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

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

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

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

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

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.

Ryan Hilts - Injury Attorney- Helps those who were involved in DUI Accidents

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.

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.

What to do after getting hit by a drunk driver in Oregon

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.

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.

 Injury Settlements

What to Know About DUI Personal Injury Settlements

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.

DUI Personal Injury Settlements

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. 

 

 

 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.

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

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.

ryanhiltslaw

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.