Oregon criminal law has a unique provision that could result in large damages awarded during a DUI trial. When a driver is under the influence and injures another person, the driver could face additional penalties beyond traditional DUI consequences. These other penalties typically include additional criminal charges. In Oregon, the driver can also be ordered to pay damages directly to the injured party.
In most states, monetary damages are only awarded to injured parties through the civil law. This means, when a person is injured be someone committing a crime, the injured party has to sue the other party. Such a system results in two court cases. One case deals with the alleged criminal conduct. The other case deals with any monetary liability.
Under Oregon's Victim's Rights Law, a judge to award damages to a victim when someone is convicted of a crime. That is exactly what a St. Helens woman is asking a judge to do. According to news reports, the woman suffered serious brain injuries during a DUI accident. She is not asking a judge to award her $125,000 in damages following the driver's criminal conviction.
This provision of Oregon Law has not yet been used heavily in DUI cases. If people start being awarded damages, however, it is likely that claims for damage will increase. In any event, the possibility of direct liability to an injured party is just one more way in which driving under the influence charges can carry heavy consequences.
