Oregon Injury Lawyer Blog
A common truth posits that motor vehicles and alcohol do not mix. That theory is never more true than when the driver is someone under the age of 21. In many cases where an underage driver has crashed a vehicle due to their intoxication, they obtained their alcoholic beverages from someone else, whether that someone is a private server or a commercial establishment. When a social host or a bartender fails to check IDs or otherwise take proper steps to prevent serving minors, they may face severe consequences. A business might lose its liquor license. And, if an intoxicated minor injures (or kills) someone else in a vehicle crash, the facts of the case may present an issue of potential liability on the part of those who served the alcohol. If you have questions about pursuing a dram shop or social host case, be sure to contact a knowledgeable Oregon dram shop lawyer to receive sound, reliable advice about your situation.
A fatal accident just outside Portland was allegedly an example of mixing minors, alcohol, and “dangerous” vehicles.
The crash occurred on Sauvie Island, located approximately 10 miles northwest of downtown Portland. According to the police, an 18-year-old male crashed a Polaris utility terrain vehicle shortly after midnight on May 18. The Oregonian reported that the crash killed the vehicle’s other passenger, a 17-year-old girl.
In a criminal affidavit, authorities stated that “a group of 16- to 18-year-olds had been drinking alcohol in a barn to celebrate finishing final exams.” The driver of the UTV admitted to police that he consumed two beers and one shot of vodka in the hour before the crash. According to The Oregonian, the victim’s father stated that the barn was located on property owned by a school board member and her husband.
During the 18-year-old’s arraignment, a prosecutor stated that the location “had a history” of high school students drinking alcohol and riding “dangerous” vehicles. According to The Oregonian, it is not known whether the board member or her husband knew about the party, nor how the teens got their alcohol.
If the authorities eventually uncover evidence that the property owners provided alcohol to the teens, then the girl’s family may have a civil action against them. However, in Oregon, achieving success in such cases can be challenging.
Social Host Litigation
Getting justice requires proving several things. Assuming you are seeking accountability from a private individual or individuals, you must demonstrate that they qualify as a social host. That means they must be someone who controlled the property where the alcohol consumption took place. Hosting a party where the host has made beer and liquor available to all guests, including those under the legal drinking age, could create liability for the host.
It is also essential to note that you have a limited time to act. Generally speaking, a non-fatal injury means you have two years to sue, while the period in a death case is three years. However, these periods could be longer, depending on extenuating factors such as a reasonable delay in discovering your injury.
Drinking and driving do not mix. That is never more true than when the driver in question is a teenager. Oregon law has provisions that allow those injured because someone served alcohol to a minor to seek justice. To learn more about your options, talk to the experienced Oregon drunk driving accident attorneys at Kaplan Law LLC. We are here to provide you with honest, straightforward advice and the diligent advocacy necessary to hold wrongdoers accountable. To learn more, call (503) 226-3844 today or contact us online to schedule your free consultation.
