Oregon Car or Truck Accident Caused by Drunk Driver.

Drunk driving accidents in Oregon continue to kill and injure people. This page discusses what you can do to recover monetary compensation for injury or death from a drunk driving collision in Oregon. If you already know your rights and just want to talk to an attorney, call me at 503-665-4234.

1. Sue the drunk driver.

The drunk driver is the obvious target. If the person has plenty of insurance, then you might be able to obtain full compensation. However, too often the driver has no insurance or is under-insured, and has no significant money or assets worth pursuing. If so, then what?

2. Personal Injury Protection (PIP) Coverage.

Oregon law requires Personal Injury Protection coverage. Your own insurance policy will cover medical bills, but usually it is limited to $15,000 or $25,000. PIP is a no-fault provision. PIP also covers lost earnings, an allowance for essential services around the house, and some funeral expenses.

3. Uninsured & Underinsured Motorist Coverage.

Oregon law requires uninsured and underinsurance motorist coverage. Your own car insurance company must pay for losses caused by uninsured motorists up to the policy limits. If you have more insurance than the guy who hit you, then you may recover up to your insurance policy limits, minus what you recovered from the other guy.

4. Sue the Bar or Host that Served Alcohol to the Drunk Driver.

In Oregon, a person hurt by a drunk person may sue the bar (or social host) that provided alcohol to a visibly intoxicated person. However, there are strict time limits that can trip-up people injured by irresponsible alcohol servers. Oregon law requires that you notify the bar or server of your intent to sue as follows:

  • For an injury claim, within 180 days after the person should have discovered the possible claim.
  • For a wrongful death claim, within one year.
Limited exceptions allow for extensions to the above time limits, including for:
  • Minors
  • Incapacitated people
  • People thwarted by the drunk from discovering who served him alcohol because the drunk asserts his right to remain silent.

5. Conclusion.

Even though the drunk driver who caused injury may have little or no insurance, Oregon law still provides you a right to recover money to help you pay for medical bills and other losses caused by the drunk driver or the person who got the driver drunk.

I have experience suing a bar, and would be pleased to discuss your situation with you at 503-665-4234.