Date: August 12, 2010
Location: I-205 near West Linn, Oregon
Names: Ryan J. Porter, [Unknown]
A 22-year-old man was cited for drunk driving and other charges after a single-car rollover crash that injured him and his female passenger, according to an OSP press release.
On August 12, 2010, around 1:55 AM, a car driven by Ryan J. Porter, 22, of West Linn, Oregon, was northbound on I-205 in the West Linn area, when it rolled over, coming to rest on its side. An unidentified female passenger was extricated using the Jaws of Life. Both she and Porter had serious but non-life threatening injuries, and were transported to OHSU for treatment.
While Porter was in the hospital, police showed up and issued the following citations:
- Reckless Driving
- Recklessly Endangering Another Person
An OSP investigation is continuing.
We send wishes for healing to both parties involved in this crash, especially the injured woman who is suffering because of another person’s choice to drink and drive.
In the wake of a tragedy like this, each person must deal with it in whatever way works best for them. We would never try to talk someone into taking legal action. It is an individual decision that can only be made by the family. When a drunk driver causes an injury accident in Oregon, there is a possibility of suing the person or bar who served the alcohol. This must be done correctly, and quickly. There are strict time limits for filing a lawsuit in Oregon, and where alcohol is involved, the limits get even stricter. A Dram Shop Notice must be sent to the server within 180 days of the incident, pursuant to ORS 471.565.
Why sue a bar for serving a person alcohol? Bars are regulated strictly by the OLCC, and if they serve to minors, or serve to a person who was visibly intoxicated, they have violated regulations and they should be held responsible for that. But the rules only work if the bartenders are well-trained and supported. If anyone is at fault, it’s not going to be the clerks and bartenders – it’s going to be the owner. If an investigation finds that the owner of the bar did not train the bartenders properly, hired the cheapest people and then underpaid them, routinely told the bartenders to serve as much as possible to increase profits, faked bartender’s OLCC licensing tests, and routinely served minors, then a lawsuit could prevent another similar accident in the future. If there were honest, well-trained, hardworking bartenders and clerks who made a single honest mistake, then a lawsuit would do no good. But, the family at least gets to rest easy knowing that they investigated, and found out the truth of the matter.
We encourage people to educate themselves on the law of drunk driving in Oregon, and we offer a free book, 7 Common Mistakes That Can Wreck Your Oregon Accident Case. But when a drunk driver is involved, the law becomes very tricky, and you should contact an experienced Oregon injury attorney.