Drunk Driver Ejected in Crash near Rogue River

Date: December 16, 2014

Location: Rogue River Highway and Savage Creek Road

Names: Luke Henry Pierce & Darcie Ann Estes

Drunk Driver Ejected in Crash near Rogue River

Early Tuesday morning a single car crash was reported in the area of the Rogue River Highway and Savage Creek Road.

Luke Henry Pierce, 24, of Rogue River, was thrown from the black Honda Accord he was driving. Pierce was knocked unconscious and taken to a nearby hospital where he is expected to survive.

The woman passenger, Darcie Ann Estes, 24, of Grants Pass, said they were driving home from a bar in Grants Pass when the crash occurred.

Pierce’s blood-alcohol level was .15 and he was cited for driving while under the influence of intoxicants, reckless driving and reckless endangering.

We wish Darcie Ann Estes and Luke Henry Pierce a full and speedy recovery.

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.

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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 December 18, 2014, in Automobile Accidents, Car Accidents, Drunk Driving, Oregon Car Accidents, personal injury and tagged , , , , , , , , , , , , , . Bookmark the permalink. Leave a comment.

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