Portland Auto Accident Attorney

Drunk Driving Accidents and Dram Shop Liability

In Oregon, in 2008 there were 416 alcohol-impaired fatalities compared to 2007 455 drunk driving accident fatalities. Just in Oregon, we saw nearly a 5% reduction. Nationally in the United States, drunk driving related death was 11,773 lives taken in 2008. [1] "In 2009, 10,839 people were killed in alcohol-impaired-driving crashes - 32 percent of total traffic fatalities for the year. […] fatalities for children 14 and younger accounted for 14 percent of these fatalities" [3] Approximately half of the 2009 alcohol impaired fatalities of children 14 and younger, about half were occupants of the vehicle with the drunk driver, with about 15% being either on a bicycle or a pedestrian. The NHTSA researchers believe that a drunk driver is more likely to not properly strap a child into the child safety seat as a high degree of risk to the child and preventable injury was due to the child not being properly seated in the car accounting for about half of these child occupant in drunk driving fatalities.

A car accident can turn your life upside down. Drunk drivers cause significant damages and irreparable harm to others every year. Drunk driving causes excessive damages to everyone in the community taking lives and causing serious injury to others. From an NHTSA study that used drunk driving data collected in 2000, "Police in the United States reported 1,093,323 crashes involving a driver or pedestrian with a (BAC) of .01 or more." [2]

Comparing 2000 alcohol-impaired fatalities to 2008, in the United States we again see the alarming loss of life from drunk driving, but also a large reduction. The NHTSA says the numbers in 2000 data were, "killed 16,792 and injured an estimated 513,000 people." [2]

The percentage of Americans who will be affected by a drunk driver are 1 in 4 and alcohol related accident expenses in the US 2000 was also about 26% of the total crash expenses for our highways and roads. Every American feels the costs of drunk driving in some way, whether or not it touches themselves or their family and friends. The 2000 NHTSA research estimates huge costs, in 2000 money, for an alcohol related car crash or an alcohol related auto accident fatality. The financial cost per alcohol auto accident injury was,

The average alcohol-related fatality in the United States costs $3.5 million. […] The estimated cost per injured survivor of an alcohol-related crash averaged $99,000. Alcohol-related crashes in the United States cost the public an estimated $114.3 billion in 2000 […] Alcohol-related crashes are deadlier and more serious than other crashes. People other than the drinking driver paid $71.6 billion of the alcohol-related crash bill. [2]

The problem of drunk driving is felt by all drivers in the United States also. We all pay hiring auto insurance rates because of the prevalence of drunk driving on our roads and highways:

Alcohol-related crashes accounted for an estimated 18% of the $103 billion in U.S. auto insurance payments. Reducing alcohol-related crashes by 10% would save $1.8 billion in claims payments and loss adjustment expenses. [2]

Dram Shop Liability Claims

When a drunk driver has been over served alcohol by a bar or restaurant, the bar or restaurant can and should be held liable for contributing to the drunk driving accident. Too often in the aftermath we'll hear stories of the person being a regular drunk, or a well known big drinker. Oregon's dram shop liability statute (ORS 471.565 – Liability For Providing or Serving Alcoholic Beverages to Intoxicated Persona or Minor) [5] holds bars, bartenders, servers, and restaurant or bar establishments accountable for contributing to the drunk driver's wake of damages if they got on the road after being over served alcohol.

The OLCC makes surprise secret inspections of bartenders and alcohol liquor license establishments sending in undercover police officers, and even minors to make sure that the establishment is carding those who do not look 30 and enforcing the 21 and over drinking law. Servers and bartenders also are licensed to serve alcohol through OLCC permitting programs. The goal of this is to educate the servers and alcohol liquor serving establishment owners of their liability and understand what the .08% BAC blood alcohol legal limit equates to actual glasses of wine or beer, or cocktail. The NHTSA estimated that, "Generally, 40% to 60% of intoxicated patrons drive after consuming alcohol in bars, clubs or restaurants." [2]

Portland Personal Injury Lawyer Law Practice Focusing on Auto, Motorcycle, Truck Accident Law Can Help

If you or someone you know was injured or killed by a drunk driver or by the otherwise negligent acts of an intoxicated person contact me for a free consultation as soon as possible.

There are important time factors for your rights to be preserved. I will investigate every angle of your case and fight for your rights and maximum settlement under the law. The repercussions of a car accident and injury or death can turn your life upside down. Let me help minimize the hassles so that you can focus on healing and putting your life back together. I am a proven personal injury attorney with a reputation with the auto insurance company lawyers and a successful record of over 125 jury trials and insurance claim settlements.

RESOURCES CITED

1. NHTSA 2008 Alcohol-Impaired Fatalities
http://www-nrd.nhtsa.dot.gov/pubs/811250.pdf

2. NHTSA RESEARCH IMPAIRED DRIVING IN THE UNITED STATES
http://www.nhtsa.gov/people/injury/alcohol/impaired_driving_pg2/US.htm

3. NHTSA National Research Data Department of Transportation
2009 Alcohol Impaired Driving
http://www-nrd.nhtsa.dot.gov/Pubs/811385.PDF

4. Center For Decease Control Injury Prevention & Control: Motor Vehicle Injury and Safety - Alcohol Impaired Driving
http://www.cdc.gov/MotorVehicleSafety/Impaired_Driving/impaired-drv_factsheet.html

5. Liability For Providing or Serving Alcoholic Beverages to Intoxicated Persona or Minor http://www.leg.state.or.us/ors/471.html