Oregon Injury Lawyer Blog
Drunk driving is a substantial problem in Oregon. Drunk drivers cause countless amounts of harm to people and property across the state. In addition to possible criminal penalties for the drunk driver, a person hurt by a drunk driver may have the possibility to pursue a civil lawsuit against the establishment that served alcohol to the drunk driver. If you have been injured (or lost a loved one) as a result of a drunk driving accident, an experienced Oregon drunk driving accident lawyer can advise you regarding your civil justice options.
According to statistics from the National Highway Traffic Safety Administration, drunk driving is a problem that is getting worse in Oregon. In 2014, Oregon had 166 fatalities involving an alcohol-impaired driver. By 2023, that number was up to 327.
Recent events further bear this out. A few days ago, KPTV reported on a Portland family who awoke just after 2:00 a.m. to the sound of a loud crash. That sound was the front end of an SUV slamming through the exterior wall of the home’s living room. The vehicle missed an occupied bedroom (belonging to the couple’s 13-year-old son) by just a few feet, according to the report.
The driver behind the wheel was drunk. Fortunately, no one was hurt. Last October, a motorcyclist in Hood River was less fortunate. The driver of a southbound Subaru Impreza, while attempting to pass a Toyota Corolla in a no-passing zone, slammed head-on into a northbound motorcycle. The motorcyclist died at the scene. The Oregon State Police arrested the driver of the Subaru for “manslaughter, DUII, reckless driving, and reckless endangering,” according to a KOIN report.
How Do Dram Shop Lawsuits Work?
ORS Section 471.565 outlines the process for a victim to pursue a dram shop case. The law requires that the victim prove that the establishment “served or provided alcoholic beverages to the patron or guest while the patron or guest was visibly intoxicated.” For example, if a guest at a bar has remained there drinking for many hours. As time passed, the guest became more and more intoxicated. Eventually, he was visibly drunk, yet the bartender continued to serve him additional rounds. If that guest later drove drunk and caused an injury or death, the bar might have liability in this scenario.
Additionally, the victim must not have “substantially” contributed to the intoxication of the impaired driver. As an example, say two companions (“A” and “B”) went out drinking at a bar. The pair continued drinking even after A had become visibly intoxicated, with B paying for each new round of alcohol. At the evening’s end, A drove the pair home and crashed, injuring B. It is possible that, in this circumstance, B might not have a viable dram shop claim against the bar because B “substantially contributed” to A’s intoxication.
Another point to note about dram shop cases is that the law imposes an elevated burden of proof on plaintiffs. In most civil lawsuits, the law demands that the plaintiff prove the necessary elements of their case by “a preponderance of the evidence.” This standard requires only that the plaintiff show that their case is more likely true than not (or more than 50% probable). In dram shop cases, however, the victim must prove the establishment’s liability “by clear and convincing evidence.” Clear and convincing evidence is an intermediate level proof (above a preponderance but below “beyond a reasonable doubt,”) that, according to the U.S. Supreme Court, means “highly probable.”
Dram shop cases are often complicated and challenging matters to win. If you believe you have a case against an establishment that served alcohol to a drunk driver, you owe it to yourself to get the advice of an experienced legal professional. The knowledgeable Oregon drunk driving accident attorneys at Kaplan Law LLC have significant firsthand experience pursuing dram shop cases, so we can provide you with reliable advice about your rights and options. To learn more, call (503) 226-3844 today or contact us online to schedule your free consultation.
