Alcohol and Marijuana Could be Factors in Deadly Highway 18 Crash

Date: August 16, 2015

Location: Highway 18

Names: Jose Bermudez Gutierrez, Juan Bermudez Gutierrez, Brian Quintana

Alcohol and Marijuana Could be Factors in Deadly Highway 18 Crash

Sunday morning a man died and two were seriously injured in a deadly crash on Highway 18 near Willamina.

Jose Bermudez Gutierrez, 30, of Portland, was heading east in a Chevy Malibu when he veered off the road and struck a tree.

The front seat passenger, Juan Bermudez Gutierrez, 21, was pronounced dead at the scene.

A third passenger, Brian Quintana, 22, was seriously injured and taken to the hospital. Jose Gutierrez was taken to the hospital with minor injuries.

Alcohol and marijuana may be contributing factors to the cause of the crash.

We extend our condolences to the family and friends of Juan Bermudez Gutierrez and wish everyone else involved 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 not just to an injury, but death, then you have a year instead of 180 days. 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. 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 August 18, 2015, in Drunk Driving, Oregon Car Accidents, personal injury and tagged , , , , , , , , , . Bookmark the permalink. Leave a comment.

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