Oregon Law on Civil Lawsuits Against Drunk Drivers Who Cause Car Accidents
Whether you live in a metropolitan center like Portland, Salem or Vancouver or a more quiet town like McMinville or Seaside, you've probably seen a shrine next to the road or highway in remembrance of a driver, bicyclist or pedestrian who was hit and killed by a drunk driver. Many Oregon residents have seen drunk drivers cause car accidents that affected them in a more personal and direct way.
Car accidents involving drunk drivers conjure up images of unimaginable loss and grief, but they also make us think of personal responsibility. Holding drunk drivers accountable for their actions has been a central focus of Oregon law enforcement over the last several decades.
Today most of us know that if you drink and drive and get caught, serious criminal consequences will result. A Portland car accident lawyer will tell you that a criminal prosecution is not the only way to hold a drunk driver responsible for causing a car accident and personal injuries, or even death.
A Portland car accident lawyer knows that drunk drivers can be held responsible in civil lawsuits for the tragic results of their reckless conduct.
Fundamentally, liability for causing any car accident is based on the concept of negligence. If the driver who causes the car wreck is acting in a negligent manner, that driver can be held liable for any injuries that conduct caused. Common examples of negligence behind the wheel include speeding, drag racing, running lights, rolling stops, and distracted driving (including use of a cell phone). Portland car accident lawyers know how to use this evidence to build a case and maximize the recovery of the injured victim of the crash.
Impaired driving is, in some respects, the most fundamental negligence a car driver can engage in. Getting behind the wheel when you are not fit to drive and causing a car accident that hurts or kills another driver, bicyclist or pedestrian is, in most cases, clear negligence.
In Oregon, a wrongful death or personal injury lawsuit can be brought in these circumstances. An experienced Portland car accident lawyer will seek to hold the drunk driver liable for the injuries that driver caused. Many times, the lawyer will also seek on behalf of the victim or their family punitive damages, which are designed to punish the driver and send a message to society that the conduct was wrong and will be punished. Punitive damages can be an important form of punishment, which along with criminal sanctions, will deter future bad acts.
Many times, when you or your family has been the victims of a drunk driving car accident, the inclination is to let the criminal and mourning process play out. While those two pieces are important, an equally strong message can be sent to a drunk driver by the use of a civil suit, and you or your loved one can recover monetarily some of what was taken when that driver decided to get behind the wheel.