A crash caused by a drunk driver can lead to both a criminal case and a civil claim. Oregon calls the offense DUII, driving under the influence of intoxicants, and the state handles the criminal charges and punishment. A civil claim seeks compensation for medical bills, lost income, and the other losses caused by the crash.
Luis Martinez is a Salem personal injury attorney who represents people hit by drunk drivers throughout Oregon. He is also a former insurance claims adjuster. Even when the evidence of impairment is strong, an insurer may still dispute the value of the claim. The consultation is free, in English or Spanish.
Your civil claim is separate from the criminal case
Two legal processes follow a DUII crash, and they answer different questions.
The criminal case is the state’s. A prosecutor decides the charges, the court decides the punishment, and the victim, however central to what happened, is a witness rather than a party. Restitution is sometimes ordered, but it is limited, and collecting it depends on the driver.
The civil claim is yours. It exists to compensate you: medical care, lost income, and the human losses no criminal sentence addresses. You choose whether to bring it, you control whether to settle it, and it does not wait for the criminal court’s schedule. The two cases also carry different standards of proof. A criminal conviction requires proof beyond a reasonable doubt; a civil claim requires showing it is more likely than not. That is why a civil claim can succeed even when charges are reduced, dismissed, or end in acquittal.
Oregon law can also reach beyond the driver. Under Oregon’s dram shop law, a bar or restaurant that kept serving a visibly intoxicated person can share responsibility for the harm that person went on to cause. Those claims have their own strict notice requirements that run much faster than ordinary deadlines, and they are evidence-heavy, which makes early investigation matter: receipts, witnesses, and camera footage from the hours before the crash do not keep.
Even when impaired driving is clear, the insurer will evaluate and may dispute the amount of damages. The civil claim still requires evidence of the injuries and losses.
What we do for victims of drunk drivers
We start by securing the record while it exists. The criminal case generates evidence a civil claim can use (the crash report, breath or blood results, witness statements), and we obtain it through the proper channels while investigating on our own: where the driver was drinking, who served them, and what the physical evidence says about speed and impact.
We coordinate with the criminal process while pursuing the civil claim separately. As a crime victim, you may be entitled to notice and updates on the prosecution, and we help you understand those communications.
Then the insurance work begins. Luis spent nearly five years evaluating claims as an adjuster. An insurer may concede fault but still dispute the amount of damages. We respond with complete medical documentation, a full accounting of your losses, and a case prepared for trial when necessary.
We handle the insurer communications and keep you informed while you recover.
What compensation may be available
A civil claim after a DUII crash can include:
- Medical expenses, present and future
- Lost income and lost earning capacity
- Noneconomic damages: pain, trauma, and what the crash took from your daily life
In some drunk driving cases, Oregon law also allows a claim for punitive damages, which exist to punish and deter conduct that shows conscious disregard for others’ safety. Whether they apply depends on the facts, and no one can promise them; they are a question we evaluate case by case rather than a number to advertise.
Criminal restitution, if ordered, does not cap or replace any of this. The civil claim may provide compensation beyond what restitution covers.