Oregon Injury Lawyer Blog
A family, a church, and a school community in Marion County were left in mourning after an intoxicated driver struck and killed a bicyclist in Southeast Salem. The tragic loss is yet another reminder of the terrible consequences that often flow from a person’s decision to drive after consuming drugs or alcohol. If your family has suffered a loss because of an intoxicated driver, getting the financial recovery you need is often a complicated process involving many steps. To ensure you receive an appropriate recovery, you need a knowledgeable advocate on your side and should contact an experienced Oregon drunk driving lawyer as soon as possible.
In the Marion County case, the bicyclist was a husband, a father of two, a beloved high school science teacher, and a pillar of his church in Salem. He also was, according to the district attorney, traveling westbound in the “correct lane of travel” when a 28-year-old man, driving eastbound, took a curve at an excessive speed, crossed the double yellow line, and hit the bicyclist, inflicting fatal injuries.
The driver’s blood alcohol content was 0.098%, and his blood showed “recent cannabis use.” Earlier this month, the man was sentenced to 10 years for manslaughter, DUII, reckless driving, and reckless endangerment.
Intoxicated drivers pose a massive risk to everyone on the road, but especially to those who are most vulnerable, namely, bicyclists and pedestrians. According to the League of American Bicyclists, nearly 1 in every 6 bicycle fatalities (15-16%) involve an impaired driver, dating back to 2007. This translates to more than 100 bicyclist deaths each year since 2015, according to the National Highway Traffic Safety Administration.
Identifying All Potential Avenues of Recovery
It is important to recognize that getting a proper recovery often can involve more than just pursuing the impaired driver, although that is a part of the process. Holding the impaired driver responsible often requires a skilled advocate who can act promptly on your behalf. For example, if your wrongful death case involves an impaired driver and the police report says that the at-fault driver was intoxicated and was the cause of the fatal crash, that report can be a crucial piece of evidence and go a long way toward a successful outcome.
Of course, investigating your crash involves much more than merely securing a copy of the police accident report. A knowledgeable attorney will conduct an in-depth investigation on your behalf to ensure you have all the evidence needed to present the strongest possible case against the intoxicated driver.
In some circumstances, however, you may be entitled to bring a legal claim against the person or establishment that served alcohol to the drunk driver in your case. These cases involve claims of dram shop liability (in matters involving commercial establishments) or social host liability (in matters involving private individuals who served alcohol) and, in Oregon, the law imposes strict procedural requirements on the pursuit of these claims. In fatal crashes, the law gives you only one year from the date of death to give the dram shop or social host written notice of your claim. The law also places a higher burden of proof on you, the plaintiff, in these types of claims.
Insurance Claims
If you lost a loved one due to an intoxicated driver, you can file a claim with that driver’s insurance. Unfortunately, many drivers carry far too little insurance coverage to compensate you fully for the massive losses typically involved in a wrongful death matter. When that is the case, you may, in addition to pursuing a claim against the driver’s insurance, also file a claim with your own insurer under your uninsured/underinsured motorist (UM/UIM) coverage. A key element to understand is that your UM/UIM coverage follows you (or your loved one) personally, meaning you can file a claim even if you (or your fatally injured loved one) were a pedestrian or aboard a bicycle (as was the case in the Salem incident) when the crash occurred.
In many instances, auto insurers will try to secure a quick settlement. Be advised that accepting such a settlement too soon may limit your ability to obtain compensation through other avenues.
Instead of agreeing to a quick settlement, talk to legal counsel first. The experienced Oregon drunk driving accident lawyers at Kaplan Law LLC are here to help. Our team has spent decades advising injured people and their families of their rights and legal options, then helping them execute a plan to obtain just compensation. Call (503) 226-3844 today or contact us online to schedule your free consultation.
