Dram Shop AND Wrongful Death Claim Possible After Sandy Crash

Date: January 17, 2014
Location: Beers Avenue, Sandy, Oregon
Name: Michael Topliff

A 41-year-old pedestrian was hit and killed in a drunken driving crash on Friday in Sandy, Oregon.

Police said that Michael Topliff died in a Portland hospital after being hit by a Ford Mustang driven by Philip Krogstad, 32, on Beers Avenue.

Krogstad initially fled the scene but returned on foot. His blood alcohol content was 0.14, which is almost twice the legal limit. Police have filed DUII and assault charges and said that other charges are likely to be filed as Topliff has died.

Our sincerest condolences and best wishes go out to Topliff’s  family; we wish you strength and courage in this time of tragedy.

Drunk driving accidents are horrible because they could have been prevented by good sense, though this is little consolation to a victim’s family. Wrongful death claims for fatal drunk driving accidents are legally complex and can be restricted by very strict time limits (as little as one year to file the appropriate notices).

If someone you love has been killed by a drunk driver, you may be able to get compensation in a few ways:

  1. You may be able to file a claim with the auto insurance of the at-fault driver.
  2. You may be able to file a claim with the decedent’s insurance (if it was a hit-and-run crash, or the at-fault driver did not have insurance).
  3. You may be able to file a claim against the establishment or person that supplied the alcohol to the drunk driver through a Dram Shop Notice.

A Dram Shop Notice allows you to hold responsible whoever served and continued to serve alcohol to the drunk driver after they were visibly intoxicated, or whoever served alcohol to someone who is underage. This could be a bar, nightclub, restaurant, or any establishment that sells alcohol.

These establishments are required to properly train their employees to act in accordance with the OLCC’s guidelines. They should not be allowed to do otherwise. A Dram Shop Notice is a special letter that tells the establishment that they are being held accountable for failing to follow these guidelines. In a fatal accident, the Dram Shop Notice must be received within one year of the accident that caused the death.

Let an Oregon wrongful death attorney who is familiar with the law regarding drunk driving accidents help you through this difficult time, so that you can focus on your family. For more information about wrongful death claims, please order our free guide, Oregon Wrongful Deaths: A Family Guide to the Civil Justice System After the Death of a Loved One.

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About Sean DuBois

Sean is a personal injury attorney in Portland, OR. He has been recognized by Super Lawyers Magazine as Oregon Rising Stars for the past four years because of his dedication to justice and fair compensation for his clients. If you need to speak with a lawyer about your injury case, Sean can be reached at 503-222-4411.

Posted on January 24, 2014, in Drunk Driving, Pedestrian Accidents, Wrongful Death and tagged . Bookmark the permalink. Leave a comment.

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