Drunk Driving Accident in Oregon What Happened Next

Have you ever faced the frustration of being involved in a car accident in Oregon due to someone else’s intoxication, only to find your own drinking complicates your claim for compensation? You’re not alone; many people encounter this legal challenge. Understanding the law is crucial for addressing such issues. This article will explore how the Grady v. Cedar Side Inn Inc. case provides a pathway for resolving these complex situations through the lens of Oregon’s legal precedents.

Situation

Situation Example

In Oregon, two friends decided to spend a sunny Saturday together. They started their day at a local park, enjoying a picnic and some drinks. As the day went on, they visited a few places, including a cozy spot called the Cedar Side Inn and a nearby Mini-Mart. At these stops, they continued drinking and having a good time. By late afternoon, they were both quite drunk. Despite this, they decided to drive back home. Unfortunately, they didn’t make it far before getting into a serious car accident. The passenger, let’s call him Joe, got hurt in the crash. Joe believes that the Cedar Side Inn and the Mini-Mart should not have served his friend any more drinks because he was already obviously drunk. Joe wants to sue these places to help cover the cost of his injuries.

Judgment

In the case of Grady v. Cedar Side Inn Inc. (Oregon SC S45627), the court ruled in favor of the plaintiff. The court determined that Joe’s involvement in the day’s drinking activities did not stop him from seeking damages. According to Oregon’s comparative fault system, the jury could consider any fault Joe might have had, instead of outright denying his claim. The summary judgment that initially favored the defendants was reversed, and the case was sent back to the lower court for more proceedings.

Solution

Immediate Actions to Take

If you find yourself in a situation like Joe’s, where you believe a bar or store served alcohol to someone who was obviously drunk, there are some steps you should take right away. First, gather as much evidence as you can. This means taking pictures of the scene, noting the time and place, and writing down everything you remember about the day and the drinking. Next, seek medical attention for any injuries. It’s also important to contact a lawyer who specializes in personal injury or alcohol-related cases in your state. They will help you understand your legal rights and the best way to move forward with your case.

Filing a Claim and Getting It Accepted

Filing a claim can be a bit tricky, but doing it correctly is key to having your case heard. Start by working closely with your lawyer to draft a detailed complaint. This document should explain how the bar or store was negligent in serving alcohol to someone visibly intoxicated, leading to your injuries. Once your complaint is ready, file it with the appropriate court. Be sure to keep track of all deadlines and respond promptly to any court requests. Your lawyer will guide you through this process and help ensure everything is done properly.

Negotiation and Settlement Strategies

Once your claim is filed, there may be opportunities to negotiate a settlement without going to trial. This can save time and resources for both parties. Your lawyer will play a crucial role here. They will negotiate on your behalf, aiming to reach a fair settlement that covers your medical expenses, lost wages, and other damages. It’s important to have realistic expectations and be open to compromise. Remember, a settlement is often a faster and less stressful resolution than a lengthy court battle.

FAQ

What is Complicity?

Complicity means that a person played a role in causing someone else’s intoxication, which might affect their ability to recover damages. However, in Oregon, even if you were part of the drinking, you might still be able to claim damages thanks to the comparative fault system.

Who is a Social Host?

A social host is someone who provides alcohol to guests, usually in a private setting like a home or a party. In some cases, social hosts can be held responsible if their guests become intoxicated and cause harm.

Is Comparative Fault Used?

Yes, Oregon uses a comparative fault system. This means that if you are partly at fault for your injuries, the court will decide how much you are responsible for, and this will affect how much you can recover in damages.

What is ORS 30.950?

ORS 30.950 is a law in Oregon that says bars, stores, and even social hosts can be held responsible if they serve alcohol to someone who is visibly drunk, and that person goes on to hurt someone else.

When is Liability Applied?

Liability is applied when a bar, store, or social host serves alcohol to a visibly intoxicated person, and that person’s intoxication leads to someone else getting hurt. It’s about making sure alcohol providers act responsibly.

What is Common-law Negligence?

Common-law negligence is when someone fails to act with the care that a reasonable person would, leading to someone else getting hurt. In this context, it means not serving alcohol to someone who is already drunk and could cause harm.

Who is a Third Party?

A third party is someone who wasn’t directly involved in the drinking but got hurt because of someone else’s intoxication. For example, Joe was a third party in the car accident caused by his friend’s drinking.

What is a Dram Shop Claim?

A dram shop claim is a lawsuit against a place that sells alcohol, like a bar or a store, because they served alcohol to someone who was already drunk, and that person hurt someone else.

Is Innocence Required?

No, you don’t have to be innocent or uninvolved in the drinking to make a claim under ORS 30.950. The law doesn’t say that you have to be completely uninvolved to seek damages.

Can Plaintiff Recover?

Yes, in Oregon, a plaintiff can recover damages even if they participated in the drinking. The court will consider everyone’s fault and decide how much each party is responsible for under the comparative fault system.