Oregon Injury Lawyer Blog
According to the Oregon Department of Transportation, driving under the influence is “the cause of 70% of all traffic deaths in Oregon.” Nationwide, roughly 32 people die in drunk-driving crashes, according to the National Highway Traffic Safety Administration. In 2024, that amounted to 11,904 deaths. As NHTSA highlighted, all 11,904 of these were preventable. Sometimes, the blame for a drunk-driving death falls solely on the impaired driver. Other times, however, blame extends beyond just the impaired driver. If a bar, restaurant, liquor store, or other business provided alcohol to that person even though they were visibly intoxicated, then the business may also be liable. If you have been hurt (or have lost a loved one) in one of these accidents, a knowledgeable Oregon drunk driving accident lawyer can provide you with essential advice about your options in the civil justice system.
An incident from Linn County is just the latest alleged example of impaired driving leading to a deadly outcome. According to the Oregon State Police, a man was driving while impaired when he crashed his pickup truck into a motorcyclist at an intersection north of Albany.
The driver of the pickup truck was uninjured. The motorcyclist died at the scene. Police arrested the driver of the pickup truck and booked him into the Linn County Jail on charges of DUII, reckless driving, driving while suspended, and second-degree manslaughter, KPTV reported.
The Frequency of Highly Intoxicated People Driving
In the Linn County crash, news reports do not tell us what the pickup truck driver’s blood-alcohol content was. However, recent reports have highlighted the disturbing commonality of people driving while extremely drunk. For example, on May 31, a driver in Jackson County struck a bridge. Sheriff’s deputies administered a breath test. The test result revealed a blood-alcohol content of 0.24%, which is three times the legal limit. On May 4, a woman crashed her vehicle into a tree in Gresham. A blood draw revealed a blood-alcohol content of 0.22%.
Accidents like these are especially frustrating because they are so readily avoidable. This is particularly true when the drunk driver who caused the crash was served alcohol by a business (such as a bar, restaurant, nightclub, liquor store, etc.)
Oregon’s Dram Shop Law
Here in Oregon, this state has a law that holds those impaired drivers liable for the serious or fatal injuries they cause. O.R.S. Section 471.565 lays out the parameters of what Oregon law calls “dram shop” liability. Under the statute, the server of alcohol may be liable for the harm their patron caused if the evidence shows that the patron was “visibly intoxicated” and the business served them alcohol anyway. The “visibly intoxicated” standard is an objective one and requires the plaintiff to show that the business served alcohol to the patron even though they exhibited signs of visible intoxication, which includes things such as motor skills impairment, speech impairment, or watery, bloodshot eyes, or unusually aggressive behavior.
Businesses may also be liable if they serve someone who is underage.
It is important to recognize that a dram shop case in Oregon is often more complicated than an “ordinary” personal injury action. These cases contained procedural specifics that ordinary personal injury actions do not. For example, Subsection 3 of the Oregon dram shop liability statute establishes a notice requirement. That subsection says that, if your dram shop liability case involves wrongful death, you must provide notice to the business within one year. If the claim involves injuries other than death, you must provide notice to the business within 180 days.
Additionally, the law requires you to prove the elements of your claim by “clear and convincing evidence,” which is a higher burden of proof than the “preponderance of the evidence” standard that applies in most personal injury cases.
If your injuries were the result of someone driving drunk after being served by an Oregon business, you may have a case under this state’s dram shop law. To find out if you do and what steps you should take, get in touch with the skilled Oregon drunk driving accident lawyers at Kaplan Law LLC. Our team has extensive first-hand experience with these types of matters and can provide the sound, reliable advice you need. Call (503) 226-3844 today or contact us online to schedule your free consultation.
