Few crashes feel as senseless as the ones caused by a drunk driver. If you were hurt by an impaired driver here in Portland, Oregon, you have rights and you have options. As Oregon car accident attorneys, our law firm represents injured people and grieving families (not the driver who caused the harm). This article explains what you can do after one of these crashes and how the legal process actually works.
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Hit by a Drunk Driver? Your Options and Next Steps
After a crash caused by an impaired driver, you generally have a few practical options. You can try to handle the insurance claim yourself, you can accept an early settlement offer, or you can talk with a lawyer before you commit to anything. Oregon usually gives you two years from the date of the injury to file a personal injury claim, so time matters. But that does not mean you should rush into a lowball settlement.
Drunk driving accidents often produce strong evidence, but it has to be gathered quickly before it disappears. Police reports, the results of alcohol and drug testing, body camera footage, and the driver's blood alcohol concentration all help establish fault. So do surveillance video, the accounts of witnesses, and records from a bar or restaurant that may have overserved the impaired driver. Oregon law can hold a business responsible in some situations for serving a visibly intoxicated person who then causes a crash.
A good lawyer investigates the crash, deals with the insurance companies for you, values the claim fully, and is prepared to go to trial if the offer is not fair. A plaintiff's law firm knows how to collect and preserve this proof, and how to line it up so the at-fault driver and their insurer cannot explain it away. The sooner a lawyer is involved, the more of this evidence can be saved.
Oregon law prohibits insurers from denying claims without a reasonable investigation based on all available information. It also prohibits misrepresenting policy provisions and failing to attempt a prompt, equitable settlement when liability has become reasonably clear. (Remember: You are not obligated to give the other driver's insurer a recorded statement, and you do not have to accept the first offer they present.)
Read More from DeShaw Law: How a Portland Personal Injury Lawyer Can Help Maximize Your Settlement
Who Pays Your Damages After a Drunk Driving Crash?
In most cases, the money comes from the at-fault driver's insurance, and that is where the fight begins. Even when a driver has been arrested, the insurance companies that represent them do not simply hand over fair compensation. Their adjusters may dispute your injuries, argue about who was really to blame, or offer a fast, low settlement before you know the full extent of your harm.
If the drunk driver had little or no coverage, your own underinsured or uninsured motorist coverage may come into play, which brings your own insurer into the picture with its own incentives to pay less. Sorting out where the coverage lies is one of the first things a lawyer does. The at-fault driver may have caused the crash, but collecting fair value from the insurance company is rarely simple.
Compensation Available in a Drunk Driving Accident Case
A personal injury claim after a drunk driving crash is about making you whole. That starts with the obvious costs: medical treatment, future care, lost wages, and property damages such as the repair or replacement of your vehicle. You may also recover for pain and suffering: the physical pain, emotional distress, and loss of enjoyment of life that a serious crash leaves behind.
Because the driver was impaired, some cases also open the door to punitive damages, which are meant to punish especially reckless conduct like drinking and driving. These are exactly the kinds of personal injury cases where having an experienced advocate matters, because insurance companies work hard to keep these numbers as low as possible.
Read More from DeShaw Law: What To Do If You Are Hit By an Uninsured Motorist
Your Drunk Driving Accident Claim Is Not a Criminal Case
Many people do not realize that two separate cases may arise from the same crash. When law enforcement arrests someone for operating a vehicle under the influence, that is a criminal matter handled by the state. In Oregon, the charge is called DUII, or “driving under the influence of intoxicants,” usually determined by blood alcohol concentration (BAC) above the legal limit. Impaired driving also covers operating a vehicle under an alcohol and drug combination, or drugs alone.
That criminal case can punish the drunk driver, but it does not pay for your medical bills or your lost income. For that, you need a separate civil case: a personal injury claim that you bring as the injured person. Survivors may face surgeries, rehabilitation, lost income, chronic pain, and permanent disabilities. A DUI accident attorney can pursue compensation that reflects both immediate and long-term losses.
More from DeShaw Law: Highest Personal Injury Verdict in Oregon History named 55th Highest Jury Verdict in the United States in 2023
The Sobering Statistics about DUI Accidents
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Oregon recorded 5,887 serious traffic injuries and 539 traffic deaths in 2024. Alcohol-impaired driving killed 11,904 people nationwide that year.
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Oregon’s minimum bodily injury liability requirement is generally $25,000 for injury to or death of one person. An attorney can investigate underinsured motorist coverage and other possible sources of compensation.
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Oregon requires certain bars, restaurants, breweries, wineries, and other liquor licensees to carry at least $300,000 in liquor liability insurance to offset the tremendous risk of their services.
Read More from DeShaw Law: Portland Personal Injury Lawyer Handling Drunk Driving Cases and Drugged Driving Cases
When a Drunk Driving Crash Turns Fatal
The worst of these crashes take a life. When a family loses someone to a drunk driver, the civil case becomes a wrongful death claim brought on behalf of the survivors. It can seek compensation for medical and funeral expenses, the loss of the income and support the person provided, and the deep loss of companionship. No amount of money undoes that kind of harm, but holding the at-fault driver accountable can bring a measure of justice and help prevent the next tragedy.
An Oregon wrongful death action generally must be commenced within three years, subject to the statute’s discovery and ultimate-repose provisions. Other deadlines, including the one-year dram shop notice requirement, may apply much sooner. A wrongful death lawyer can identify every responsible party and deadline before the opportunity to act is lost.
Read More from DeShaw Law: Portland Wrongful Death Attorney: Who Can Be Liable
Talk With a Portland DUI Accident Lawyer
If you or someone you love was hurt in a drunk driving crash in Portland, Oregon or anywhere in Oregon or Washington, you do not have to face the insurance companies alone. Our law firm represents injured people and families against those responsible for drunk driving accidents, and we offer a free case review at no cost and with no obligation to hire us.
To speak with our team, call (503) 227-1233 to schedule your free consultation.