Notes From an Oregon Attorney

There is no question that drinking and driving continues to be a major problem in our society. According to Mothers Against Drunk Driving, somebody is killed by a drunk driver every 45 minutes, and about 30 percent of all Americans will be involved in an alcohol-related crash at some point.

For those injured by a drunk driver, there are usually two courses of action to consider when seeking compensation. The first course involves a standard personal injury claim against the impaired driver. Generally, victims can bring negligence claims for injuries stemming from the accident, and the impaired driver will be held to the same standard of care as a sober driver.

The second, less understood course of action is referred to as a “dram shop” claim. This is a statutory claim brought against businesses that sell alcohol for profit and serve a visibly intoxicated person who then proceeds to injure another person while still impaired.

Oregon’s Dram Statute is codified under O.R.S. 471.565.

It is important to note that you must provide the drinking establishment with appropriate written notice within 180 days of the incident. Otherwise, you lose the ability to bring a claim.

If you have been injured by a drunk driver under any circumstances, feel free to contact me for a free consultation about your case.