Hit By Drunk Driver
Serving Hillsboro OR | Beaverton | Forest Grove | North Plains
Being hit by a drunk driver can have dire consequences and those who choose to drive drunk should be held responsible for their actions. It is common knowledge that drinking and driving leads to injury and death, yet some still choose to get behind the wheel after having one too many. If you have been hit by a drunk driver, you have rights, and it is in your best interest to consult an experienced car accident attorney who can protect those rights.
I have just been Hit by a Drunk Driver, What do I do?
If you have just been hit by a drunk driver, there are many things you can do to protect yourself and your passengers. The first thing to do after you have been hit by a drunk driver is to call 911. Do your best to identify the drunk driver in case they try to flee the scene. If you can, take pictures of the scene, including the driver behind the wheel. Sometimes drunk drivers attempt to switch seats if they are driving with others to avoid punishment. While waiting for the police and/or paramedics keep your ears peeled. Make note of the driver’s behavior and verbal comments and report this when the officer arrives on the scene.
After you have cooperated with law enforcement and given your full report, be sure to see a licensed health professional to check for injuries. Medical professionals with experience diagnosing car accident injuries are trained in recognizing aches and pains that can turn into significant issues in the future.
Consult an experienced car accident attorney, then report the accident to your insurance company. Being hit by a drunk driver can be a complicated situation, and an experienced attorney can walk you through the process to ensure you are protected every step of the way. You have a lawful duty to work with your insurance company regarding your accident, however it is your right to have an attorney aid you in this process.
If the drunk driver or their insurance company attempts to contact you, refrain from speaking to them. Defer any communication with the drunk driver or their insurance company to your experienced car accident attorney.
What is the legal limit for drinking and driving?
In the state of Oregon, the legal blood alcohol content (BAC) is .08. For those under 21 years of age, there is no tolerance meaning the legal BAC is .00%
The drunk driver was found not guilty, now what?
Just because a drunk driver was found not guilty in criminal court, it does not mean that you are not still entitled to damages and restitution. With an experienced car accident attorney, you can file a civil suit and sue for what you deserve. In civil court, the drunk driver will have to take the stand and answer for their actions. The right attorney can ensure that the drunk driver that hit you will be punished monetarily.
What if the drunk driver has no insurance?
When it comes to dealing with the drunk driver’s issue of insurance, it can turn out to be a quite an ordeal. Drunk drivers want to make it difficult for you to identify their insurance company to deter you from further action. Do not fret when it becomes challenging to figure out if the drunk driver that hit you is insured. An experienced attorney will be able to find the answers needed to proceed with your case. As another option, if you have uninsured motorist coverage, this may be able to offset some financial costs if the drunk driver is in fact uninsured.
Can I sue the establishment that sold the alcohol to the drunk driver?
Depending on your particular situation, you may be able to seek monetary damages from the establishment that served the drunk driver. In the state of Oregon, Dram Shop Law says that an establishment that sells alcohol to persons already visibly intoxicated or persons under 21 that cause as accident as a result of being intoxicated can be held liable. In order for Dram Shop Law to apply, the alcohol has to have been sold in a restaurant, bar or night club by the dram.
What monetary damages am I entitled to when a drunk driver causes injury or wrongful death?
When a drunk driver causes injury or wrongful death you could be entitled to monetary damages for wage loss, pain and suffering, stress, and more. This type of compensation is known as compensatory damages. You may also be entitled to punitive damages too. Punitive damages are designed to punish the drunk driver for bad behavior.
We Can Help
The Law Offices of Matt Kehoe can help you sort out the devastating aftermath as a result of a drunk driver. Matt is an experienced car accident attorney that understands the stress and anguish associated with these situations and can assist you with getting the compensation you deserve. Contact the Law Offices of Matt Kehoe for more information.