Portland Drunk Driving Accident Lawyer

How Common Are Drunk Driving Accidents in Portland?

According to data from the City of Portland, 70% of deadly crashes from 2019 to 2023 involved the use of drugs or alcohol. Of these crashes, 39% of drivers were impaired at the time of the collision. City officials reported that 470 accident victims were killed or suffered serious injuries due to impaired driving.

These DUII accident dangers in Portland are echoed in some statewide numbers.

Troubling Oregon Statistics on Drunk Driving

According to Forbes Advisor, Oregon has the ninth-highest percentage of traffic deaths caused by drunk drivers nationwide. Their data also shows that Oregon had the fifth-highest percentage of traffic deaths caused by drivers with a blood alcohol concentration (BAC) under the legal limit.

That last fact demonstrates that buzzed driving is as much cause for concern as drunk driving.

Intoxicated Driving Laws in the State of Oregon

Oregon adheres to the federal legal limit of a 0.08 BAC. Drivers under 21 years old cannot have any detectable amount of alcohol in their system while operating a vehicle. It is part of the state’s zero-tolerance policy for underage drinking and driving.

DUII laws cover more than alcohol use. You can be charged with DUII for using any kind of drug or intoxicant. While marijuana is legal in Oregon for people 21 and older, you cannot operate a vehicle while under the influence of marijuana.

Different Standards for Commercial Drivers

Federally, commercial drivers are held to a different standard given the nature of their job. The legal BAC for a commercial driver is 0.04.

This lower BAC could play a crucial role in DUII semi-truck accidents or collisions with delivery vehicles.

Why Choose Rob Kline for Your Drunk Driving Accident Case

If you’ve been in a serious DUII crash, you need help from Rob Kline, a leading accident attorney based in Portland, OR. A former President of the Oregon Trial Lawyers Association (OTLA), Rob and his team are dedicated advocates for accident survivors and their families.

• More Than 25 Years of Legal Experience: Rob has decades of experience practicing law. He began his legal career representing insurance companies and large corporations, and now uses his unique insight to represent people who’ve been seriously injured or have lost family members in fatal accidents.
• Recognition for His Work as an Attorney: Rob has an AV Preeminent Peer Review Rating from Martindale-Hubbell, which is a testament to his legal acumen and high ethical standards. He also has a 10/10 “Superb Lawyer” rating on Avvo, thanks in large part to his extensive experience in accident litigation.
• Detailed Knowledge of State and Local Laws: Rob has a deep knowledge of state and local laws related to injury accident litigation. He is one of the lead authors on the wrongful death and survival actions chapter in Tort Law in Oregon (2024 Edition), published by the Oregon State Bar. Rob also authored the Oregon Pedestrian Law Guide 2.0, which is part of The OTLA Automobile Litigation Deskbook series.
• Free and Confidential Consultations: You don’t need to pay anything to discuss your drunk driving accident with a trusted legal professional. Rob Kline and his team want to hear your story and help determine what steps you should take next.

If you’ve been in a DUII crash or lost a loved one because of a drunk driver, Rob Kline and his team are ready to help. To request a free consultation with an experienced drunk driving accident lawyer near you, contact our Portland law office today.

Oregon’s Dram Shop Liability and Social Host Laws

Per ORS § 471.565, you can potentially be held liable for serving alcoholic beverages to someone who is visibly intoxicated or underage. This applies to commercial establishments as well as alcohol served at home.

For clarification, “dram shops” are defined as commercial servers of alcoholic beverages, such as:

• Bars
• Restaurants
• Nightclubs
• Taverns
• Event venues
• Liquor stores (in certain situations)

A “social host” is someone who serves alcohol in a non-commercial setting, such as a party or dinner at a private residence.

Understanding the Obligations of Bars and Social Hosts

Under Oregon law, a dram shop may be liable if:

• The establishment served alcohol to someone who was visibly intoxicated or under 21 years old, and
• The visibly intoxicated or underage intoxicated person’s actions caused injuries or damage

Keep in mind that commercial establishments in Oregon could still be held liable for serving underage patrons even if the underage person provided a fake ID.

Liability for social hosts is much narrower since they are not a licensed commercial operation. Under Oregon law, a private individual/social host may be liable in these situations:

• The social host served alcohol to a minor or a visibly intoxicated guest, and
• The guest went on to cause harm because of their intoxication

Shorter Statute of Limitations for Dram Shop and Social Host Claims

The state of Oregon has much shorter time limits to file a claim against a dram shop or social host:

• For injury drunk driving accidents, you have 180 days from the date of the collision to file a lawsuit, or 180 days from the date that the person reasonably should have discovered the existence of a claim
• For fatal drunk driving accidents, you have 1 year from the date of the collision to file a lawsuit, or 1 year from the date that the person reasonably should have discovered the existence of a claim

These are very narrow deadlines to take action against a dram shop or social host. As soon as you suspect a bar or party host played a role in a crash, it’s important to speak with a drunk driving accident attorney in Portland, OR.

Unique Concerns in Drunk Driving Accident Cases

DUII accidents involve more than just other motor vehicles. Below are a few unique concerns for those involved in accidents with a drunk or intoxicated driver.

• Accidents Caused by Underage Drunk Drivers: According to data from AAA, 4% of drivers aged 16 to 18 admitted to drunk driving, 6% admitted to driving while under the influence of marijuana, and 8% admitted to getting into a car with a drunk driver. The parents of an underage intoxicated driver may be held responsible for civil penalties in a DUII accident.
• Pedestrian Accidents Caused by Drunk Drivers: Drunk drivers could hit someone crossing the street, causing severe bodily injury and possibly even fatalities. Our team can help victims of pedestrian accidents after a DUII collision.
• Bicycle Accidents Caused by Drunk Drivers: Unfortunately, there are numerous drunk driving accidents that involve cyclists. Our team can help victims of catastrophic bicycle accidents hold drunk drivers accountable for their actions.
• Injuries to Passengers in a Drunk Driver’s Vehicle: If you were a passenger in a drunk driver’s car, you may be able to seek compensation for injuries you sustained. These kinds of cases can be complicated, which is why it helps to have a good drunk driving attorney on your side.
• Injuries to Children in Drunk Driving Accidents: If your car was hit by a drunk driver and your child was hurt, Rob and his team take great care working on child injury cases. We will provide help to you and your family with diligence and sensitivity.

Legal Options in Fatal Drunk Driving Crashes

Losing someone in an accident is emotionally devastating. In DUII accidents, the sadness is often accompanied by feelings of rage and uncertainty. These tragedies are entirely preventable, and families deserve help with their current struggles and what challenges the future may hold.

If you have lost someone in a drunk driving accident, we send our sincerest condolences. When you are ready to discuss what happened, Rob Kline and his team can help you file a wrongful death lawsuit. Wrongful death actions can help families receive compensation to address the pain, suffering, and financial losses associated with a loved one’s passing.

While you have three years to file a wrongful death action, it’s best to contact a Portland drunk driving accident lawyer as soon as possible after the loss of your loved one. Our team can offer guidance during a difficult time and start gathering evidence to help with your claim.

Compensation in Drunk Driving Cases

Compensation in a DUII accident case is intended to make injury victims whole again. When you work with Portland drunk driving accident attorney Rob Kline, he and his team will help calculate the economic and non-economic damages related to the crash.

Economic Damages in a DUII Accident

Economic damages refer to the concrete monetary and material losses associated with the intoxicated driving accident. This may include:

• Medical bills associated with the DUII accident
• Cost of current and future medical care needs
• Damage to your vehicle and other property in the crash
• Lost wages while recuperating from injuries
• Loss of future earning potential due to catastrophic injury/disability
• In fatal DUII accidents, the earnings the deceased loved one would have brought in, and the monetary support for the household

Non-Economic Damages in a DUII Accident

Non-economic damages are designed to make up for the subjective human losses suffered by the person injured by a drunk driver. This may include:

• Pain and suffering
• Emotional distress
• Interference with normal daily activities
• Loss of quality of life
• Loss of consortium
• In fatal DUII accidents, the loss of society and companionship experienced by the surviving family members

Puitive Damages in a Drunk Driving Accident

Though rare, it’s possible to receive punitive damages in a DUII accident case. These exemplary damages are intended to punish the at-fault individual rather than compensate an accident victim for their losses. To be awarded punitive damages, the drunk driver’s conduct would need to be considered malicious, intentional, or reckless.

Contact an Experienced Drunk Driving Accident Lawyer in Portland, OR

If you or someone in your family has been seriously hurt because of a drunk or intoxicated driver, Rob Kline and his team are ready to help. We understand the harms and losses you have suffered, and we’re ready to hold the driver accountable. To request a free case review with an experienced Portland drunk driving attorney near you, contact our law firm today.