Portland Drunk Driving Accident Lawyer
Drunk Driving Accident Attorney Representing Portland
Portland accident attorney, Travis Mayor, aggressively pursues personal injury and wrongful death claims against drunk drivers, their insurance companies and in some cases the bar that contributed to the drunk driver’s intoxication. Travis’ approach is focused and relentless. Where other attorneys may give up because they see obstacles, Travis has the tenacity and knowledge to strategically fight on your behalf when the stakes are high. He leaves no stone unturned when it comes to grappling with insurance companies.
Recent Drunk Driving Accident Case Examples:
Case Example 1: A $400,000 settlement was reached in this Portland drunk driving case with the drunk driver’s insurance company. A liquor liability lawsuit was also filed against the tavern that served alcohol to the drunk driver while he was visibly intoxicated. Unfortunately, the tavern had illegally let its liability insurance lapse. The bar and its owners eventually filed bankruptcy.
Case Example 2: A $800,000 settlement was reached in this tragic motor vehicle accident case resulting in the wrongful death of a sixteen-year-old girl. Her underage friend had been drinking and driving recklessly was sent to prison for his conduct. Auto insurance for both the teenage driver and the car’s owner were both exhausted.
Case Example 3: This car crash case occurred on Interstate 205 in Portland when a drunk driver cut off and ran into our client’s vehicle causing a hand injury. The drunk driver was arrested and convicted for her conduct. The case was settled out of court in October of 2013 for $95,000.
“Portland Drunk Driving Accident Lawyer, Travis Mayor represented me in a personal injury and punitive damage claim in an incident where I was hit by a drunk driver… Travis was helpful throughout and made sure that every move made in the case was broken down and that I understood clearly what was going on. I would highly recommend him to anyone I know.” – Kate, Bend, OR
Drunk Driving Accident FAQ’s
Why is it important to retain a lawyer that does not shy away from litigating your personal injury case?
Answer: Mayor Law is experienced in prosecuting drunk driving accident cases, and is uniquely qualified to prosecute your personal injury case. Portland drunk driving accident attorney, Travis Mayor is committed to seeking justice and maximizing the financial compensation for his clients who have been hurt as the result of another person’s negligence from driving drunk. As a former insurance defense lawyer, Travis knows firsthand how insurance companies evaluate cases, pressure parties into “low ball” settlements, and execute trial strategies. This valuable insight from the other side of the table, combined with experience handling hundreds of personal injury cases, is the reason Travis produces extraordinary results. He knows how to effectively prosecute drunk driving injury claims, and he has collected millions of dollars in personal injury settlements, jury verdicts and arbitration awards for his clients.
Dealing with drunk driving claims is a difficult and complex task. Insurance companies and legal defense teams are schooled in how to approach and defend drunk driving injury cases. Depending on the facts of the case, they typically pursue strategies designed to place blame on the victim or at least create an impression that the victim contributed or caused the accident with their unreasonable behavior. Other defense strategies include attacking search and seizure issues, and alcohol testing results. It is necessary for you to go on the offensive and obtain the legal resources to investigate the accident, and gather supporting facts and witness statements before evidence disappears and witness’s memories blur.
“I have reached jury verdicts, arbitration awards, and settlements that were 10x times greater than the initial offers simply because we do not shy away from litigating cases.” – Portland Drunk Driving Accident Lawyer, Travis Mayor
In the early stages of the case, the defendant’s insurance company will typically make an “initial low-ball” settlement offer, without admitting fault, in an attempt to make your claim go away. They are testing your resolve to pursue the case. Having legal representation on your side who is not interested in quick, but unfair settlements send a clear message that we have a great case and won’t settle for low-ball offers. In many cases, I have reached jury verdicts, arbitration awards, and settlements that were 10 times greater than the initial offers simply because we do not shy away from litigating the case.
In addition to the drunk driver, who can be held liable in a drunk driving accident case?
Answer: If you have been injured by a drunk driver, who is liable? Criminally speaking, driving drunk and being involved in an accident results in a criminal act as well as creating a civil lawsuit (called a Tort). It would seem obvious to most people that the drunk driver is the person liable, and you would be correct. But, in civil cases, the liability may also extend to others such as:
An employer may become liable when the employer is negligent in hiring or training the employee committing the accident. For example, if the manager of a trucking company hires an employee as a driver without checking their driving record, and later discovers the driver had multiple DUI arrests and accidents in another state, the employer may be held liable. In addition, the employer may be liable if their negligence contributed to the accident — for example if the employer knew or suspected the driver was driving drunk but did nothing to correct or stop the driver from continuing this illegal behavior.
A business owner:
A commercial establishment that serves alcohol to an at-fault drunk or substantially impaired driver may be liable for your injuries. For example, if a bar serves patrons excessive amounts of alcohol and they subsequently are involved in a drunk driving accident, then the bar’s owner may be liable. This is called a liquor liability claim, which is also known as a dram shop claim. When a bar, tavern, restaurant or social host serves alcohol to someone after they have become visibly intoxicated and that person drives away, crashes and injuries or kills someone, then the provider of alcohol can be liable under Oregon law. However, liquor liability claims against negligent bars and taverns have their own set of complications. They require advance written notice to the bar within 180 days of the accident or within a year if the drunk driver caused a fatality. There is also a heightened burden of proof in dram shop claims, which makes them harder to prove. Further, video evidence and witnesses from the bar are hard to come by unless the claim is investigated and acted upon quickly.
Social host or Parent:
Just like a commercial establishment, a social host that provides excessive amounts of alcohol to a guest may be held liable if the drunk or impaired driver causes an accident. For example, if a guest becomes impaired at a Super Bowl party and is subsequently involved in an accident, the party host may be held liable. These examples are all to frequent and can happen to anyone: 19-year-old accused of drinking at party before fatal hit-and-run crash. Another typical example involves parents of underage teen drivers who permit parties to be held at their home, who are then involved in a drunk driving accident.
I was hit by a drunk driver; is the establishment that served the liquor liable for my injuries under Oregon liquor liability laws?
Answer: Yes, if you were injured in an accident where the at-fault party was drunk or substantially impaired, then the commercial establishment or social host that served alcohol to the at-fault party may be liable for your injuries. Oregon Revised Statute, ORS 471.565, governs this area of law and is call Oregon’s Dram Shop Law. This statute makes it illegal for commercial providers of alcohol (such as bars, restaurants, social clubs or functions) and social hosts to serve alcohol to someone who is visibly intoxicated. Visible signs of intoxication may include slurred speech, bloodshot eyes, lack of coordination, slowed or delayed reaction time, aggression, being loud and other outward symptoms that can be seen or heard. Owners, managers, bartenders, wait staff and hosts all have a responsibility to carefully monitor the behavior of patrons and guests who are served alcohol on the premises for signs of visible intoxication. If a patron or guest is showing signs of visible intoxication and the establishment or host continues to serve alcohol, then they may be liable for any personal injury subsequently caused by the intoxicated person. To pursue Dram Shop claims, notice must be provided within 180 days for claims involving damages or injuries other than wrongful death, and, up to 1 year in instances where wrongful death is being alleged. Proving liability in a Dram Shop case can be complex and requires the specific knowledge of the law associated with these cases, which is why you need an experienced Portland drunk driving accident lawyer.
Can I seek punitive damages against the provider of alcohol under the liquor liability law?
Answer: Yes, depending on the particular circumstances of your case. It is very common that victims of drunk drivers can legally pursue punitive damages against the drunk driver because the driver’s conduct is grossly negligent and reckless. Punitive damages are another form of compensation that can be sought, which are intended to punish the offending drunk driver as well as to deter similar conduct by other drivers. Punitive damages and the threat of punitive damages typically make drunken driving car accident verdicts and settlements higher than normal according to Portland car accident attorney, Travis Mayor. The liquor liability law also allows personal injury victims to pursue punitive damages against bars, taverns and other providers of alcohol are the services to a visibility intoxicated person is grossly negligent. For instance, if a bartender continues to serve alcohol to a patron who is visibly intoxicated when it is obvious to everyone that the customer should be cut off and sent home in a taxi-cab; and that drunken patron drives away from the bar and injures or kills someone on the road, then the bar would be subject to a claim for punitive damages in addition to all of the other types of compensation allowed under the law. Punitive damages are not automatic though. There are special pleading and evidentiary requirements. Portland drunk driving accident lawyer, Travis Mayor, has the experience required to evaluate and pursue punitive damages in your Oregon liquor liability or dram shop claim.
What You Need To Know
When the drunk driver is uninsured in Portland, drunk driving accident lawyer Travis Mayor will seek compensation through his client’s Underinsured Motorist (UM) coverage. Due to the serious nature of DUI car wreck accidents, time is of the essence. In cases where the drunk driver was served alcohol at an establishment while visibly intoxicated, the DUI accident victim must give notice within 180 days. Portland attorney Travis Mayor moves quickly to obtain important evidence from witnesses, the responding police agency and the District Attorney’s Office to maximize the value of his clients’ cases.
A DUI accident is different than a normal car accident case because of the aggravating factor of the driver’s drunkenness and decision to drive anyway. In addition to compensatory damages for property damage, medical expenses lost wages and pain and suffering, punitive damages will likely be available. Most drunk driving car accidents involve conduct by the drunk driver that is more than just negligent; it is grossly negligent and reckless. In such instances, the law allows juries to award punitive damages. Punitive damages are designed to punish the offending drunk driver, as well as to deter similar conduct by other drivers. Punitive damages and the threat of punitive damages typically make drunk driving car accident verdicts and settlements higher normal car accident injury cases.
Each year many Portland drivers and people across the country are injured or killed by the senseless acts of drunk drivers. In 2012, 10,322 people were killed by drunken drivers, an average of one alcohol-related death every 51 minutes. It is estimated that car accidents caused by drunk drivers cost $132 billion dollars per year. In addition to the physical injuries and economic loss, the victims and their families experience profound anger and frustration because drunk driving incidents are completely preventable. Unfortunately, these tragic accidents are all too common on our roads and highways today.
GETTING RESULTS FOR VICTIMS OF DRUNK DRIVING ACCIDENTS
At Mayor Law LLC, it is our goal to help severely injured victims of drunk driving accidents restore their lives. Portland drunk driving accident lawyer, Travis Mayor, will help you by reducing the hassles and inconvenience while you recover, AND maximize your financial compensation. Travis Mayor has recovered millions of dollars for his clients who have fallen victim to drunk driver’s recklessness. For every client, Travis offers personal service with proven results.