Car accident lawyers in Oregon face a wide range of cases as they fight for justice for personal injury victims. Many situations are simple cases of negligence or loss of concentration, with one careless driver hitting other cars, buses, cyclists, or pedestrians. Those victims should be able to make a case for compensation based on the level of blame and extent of their suffering. But what happens if the driver at fault also happens to be intoxicated? Do victims have to leave everything to the criminal courts and just wait to see them sentenced? Or, is it possible to file a personal injury case against the drunk driver as well?
DWI Cases vs. Drunk Driving Lawsuits
There are two types of cases Oregon courts deal with when punishing drunk drivers. The one that you, as a victim, are more concerned with is the civil personal injury case because this will provide the best direct justice and compensation. The other kind is the criminal case. Victims can make a compensation claim regardless of the outcome of these cases. So, even if a driver gets off a criminal charge on a technicality, you can still sue for the damage they caused. Drivers found guilty of drunk driving will face criminal charges, whether there were other people involved or not. Drivers found to be over the legal limit on a first-time offense may receive a short jail time, a fine, or some form of community service. The penalties increase with repeat offenses and also become more severe with elevated blood alcohol levels, evidence of vehicular assault, and endangerment of children in the car.
Filing A Personal Injury Case Against A Drunk Driver
Personal injury cases involving drunk drivers are different from criminal cases. This time, the aim is to provide compensation to the victim making the claim. It isn’t about whether or not there was a criminal act. Instead, it centers on the damage inflicted upon the victim due to the driver’s actions. Victims of all kinds can make a claim, and it’s possible that a drunk driver will have more than one civil case to contend with. The claimants could be drivers of other cars, pedestrians, or even the families of those killed by drunk driving.
The first step in these civil cases is to establish fault. That means proving that the accident and any injuries received as a result of that were the fault of the drunk driver. Oregon handles blame a little differently than some other states, and this can affect the amount of compensation victims are entitled to. There is a law of modified comparative negligence that can lower payouts if victims are partially responsible. For example, if you were in the wrong by 25%, based on your own actions at the time of the crash, the compensation is reduced by that amount. It’s easy to assume that drunk drivers would be deemed 100% to blame because of proven intoxication. However, drivers who get in the way through distracted driving may share some blame. Once you’ve established fault, you need to showcase the impact of the accident and why you’re entitled to compensation. Courts will pay out economic and non-economic damages in drunk driving cases. Economic damages refer to the financial losses incurred because of the incident. You can claim for the costs of medical bills, car repairs, and any lost earnings. Non-economic damages refer to the pain and suffering experienced because of the incident. Here, you can focus on the extent of any physical injuries and mental anguish.
Compiling Evidence In Oregon Drink Driving Lawsuits
The more evidence you have against a drunk driver, the better the chance of you getting the compensation you deserve. A good starting point is proof of intoxication. If a defendant has already been criminally charged with a DWI offense by the courts, it should be easy enough to show that they were intoxicated at the time of the accident. However, it doesn’t hurt to have additional evidence to back that up where possible. Top Oregon drunk driving lawyers recommend getting as much of this as possible at the time of the accident, even if that means recording them right after the crash. If that wasn’t possible, there should be incident reports from the police, possible CCTV and dashcam footage, and statements from other witnesses.
As for the evidence to prove entitlement to compensation, the more you can gather up for your case, the better. Economic damages are pretty easy to claim when you have all your official bills and invoices to hand. These show a clear record of the money spent on hospital treatments, medication, therapy, car repairs, and any other necessary services. You can also submit photographic evidence of injuries, character statements, and pain journals to prove your pain and suffering. A skilled Oregon drunk driving accident attorney can help.
Working With The Best Drink Driving Lawyers In Oregon
The only way to succeed in these difficult drunk driving cases is to hire a skilled lawyer. Their professionalism and expertise will make it easier to gather all that vital evidence and make a compelling case. They will be able to guide you through the process, from the initial consultation to your appearance in court, to help present the best case possible. Furthermore, you’re assured of a gentle and compassionate approach. Drink-driving lawsuits can be pretty tough to handle when there’s serious trauma attached to the incident. Top lawyers will respect that, work with you at your own pace, and ensure the process is as stress-free as it can be. If you’re in a situation where you or a loved one has suffered at the hands of a drunk driver, but you haven’t considered the potential for compensation, don’t delay. The sooner you can start a civil case, the better. Get in touch with the best car accident lawyers in Oregon and explain what happened. They will help you get what you’re entitled to and see that the drunk driver truly pays for their actions.
