More than 35% of all traffic fatalities in the State of Oregon are caused by impaired drivers. A motor vehicle collision can have devastating effects, including severe injuries, loss of life, property damage, loss of income, and rising medical expenses. When you've been injured in a collision caused by an impaired driver, the first step is to reach out to an experienced Oregon personal injury attorney, like Dwyer Williams Cherkoss. Working with a knowledgeable attorney can greatly increase your chances of receiving fair compensation.

What If the Drunk Driver Is Under- or Uninsured?

What happens when the drunk driver who caused the collision is under- or uninsured? Often, the intoxicated driver is not the only party who can be held liable. If a third party, such as a bar or restaurant, serves alcohol to a visibly intoxicated person who later causes harm, that establishment may also be responsible. This type of case is called a dram shop claim.

Understanding Oregon Dram Shop Laws (ORS 471.565)

Oregon’s dram shop law holds businesses that serve alcohol accountable if they serve a visibly intoxicated person who later injures someone. This includes owners, managers, bartenders, and other employees.

Here’s an example of how Oregon’s dram shop law applies:

Frank spends three hours drinking beer and watching a football game at a bar. He slurs his words, stumbles around, and becomes loud and aggressive. Despite these obvious signs, the bartender serves him another beer. On his way home, Frank causes a serious car crash. The victims, dealing with significant medical bills and emotional distress, file a dram shop claim against the bar. Since the bartender knowingly served Frank while he was visibly intoxicated, the bar may share liability for the injuries caused.

Proving a Dram Shop Claim

A dram shop might argue that the driver was not visibly intoxicated when they were served. To succeed, the injured party must collect evidence demonstrating the driver’s visible intoxication. Common signs include:

• Slurred speech
• Stumbling or swaying
• Aggression or loud behavior
• Delayed reaction times

An experienced attorney can use witness testimony, surveillance footage, and police reports to build a compelling case.

Why Legal Representation Matters

While some motor vehicle claims may seem straightforward, a dram shop claim is often more complex. A skilled attorney knows how to navigate these challenges, including identifying liable parties, collecting evidence, and working with insurance companies.

Compensation for drunk driving accidents may include damages for medical bills, lost wages, pain and suffering, and even punitive damages in cases of extreme negligence. Your attorney ensures your case meets legal deadlines and is positioned for the best possible outcome.

Contact Dwyer Williams Cherkoss Today

At Dwyer Williams Cherkoss, we are passionate about helping victims of drunk driving accidents. Our team is experienced in dram shop claims and is dedicated to holding all responsible parties accountable. From collecting evidence to negotiating with insurance companies, we are here to guide you every step of the way.

If you’ve been injured in a collision caused by a drunk driver, don’t go through it alone. Contact us today for a free consultation. Call (541) 617-0555, and let us fight for the compensation you deserve.