Drunk Driver Injured Two Children, One Seriously
Date: June 16, 2013
Location: South Fischer’s Mill Road, Clackamas County
Names: Names of Minors Not Released, Norman Dallas
The 5-year-old was a passenger in a sedan driven by his aunt, whose name has not been released. Norman Dallas, 72, of Oregon City was operating his pickup truck on the same roadway when he lost control of the vehicle. He then collided with the car at a high rate of speed. The woman and the two children all had to be transported to the hospital. The woman suffered a broken leg. The five-year-old boy suffered serious facial injuries and had to be life-flighted to an area hospital for treatment. The condition of the other child in the vehicle was not released, but it does not appear that they were seriously injured.
The driver of the pickup truck, Norman Dallas, was arrested following the crash and charged with 6 counts related to the collision. Police report that alcohol was a significant factor in the crash.
We would like to extend our deepest sympathies to the woman and the two children involved in this accident. Our best wishes for a full recovery are with you all.
If you were hurt by a drunk driver, special time limits may apply for filing a claim.
Under ORS 471.565, you can sue the establishment that served the drunk driver alcohol (assuming there was one) by filing a Dram Shop Notice within 180 days. This is only for injury cases, as wrongful death cases have a separate time limit.
A Dram Shop Notice is a special letter that tells the establishment or person who served the alcohol that a claim for damages is being made against the establishment, a description of the time, place, and circumstances giving rise to the claim, and the name and mailing address for the person making the claim. If the drunk driving led to not just an injury, but death, then you have a year instead of 180 days. Basically, a Dram Shop Notice will hold a bar owner responsible for not training employees according to the OLCC’s guidelines regarding intoxicated drinkers.
If the drunk driver was not at a bar or other business that serves alcohol before the crash, there is still the possibility of filing a claim through auto insurance. And in many cases, the drunk driver will also be punished in a criminal court. Although being found guilty for criminal charges can increase the likelihood of a civil personal injury case succeeding, you may still need the help of a drunk driving accident injury lawyer to deal with adjusters and use all the evidence correctly.