Don Barton, 66, and his 62-year-old wife, Donna, of California, were killed in a car accident in Oregon, which officials say, was caused by a suspected drunk driver the night of September 2, 2010. According to a report in the Herald News, the fatal injury crash occurred when a 2009 Toyota Corolla driven by 22-year-old Carrie Ames crossed the centerline on the Southside Bypass in Klamath County and collided with the Bartons' 2000 Dodge Stratus.

The Bartons died at the scene of this horrific accident and their 6-year-old great-grandson, Daba Phillips, who was secured in a booster seat in the Dodge, was airlifted in critical condition to an area hospital. Ames' passenger, 18-year-old Jackie Mankins, sustained minor injuries. Ames has been charged with two counts of first-degree vehicular manslaughter, DUI, second-degree assault and third-degree assault.

DUI Statistics

According to the National Highway Traffic Safety Administration (NHTSA), out of the 416 fatal Oregon traffic accidents in 2008, 159 or 38 percent were DUI collisions. Also, out of the 159 alcohol-related collisions, 136 or 33 percent involved a blood alcohol level of 0.08 percent.

Oregon DUI Law

Under the Oregon Vehicle Code Section 813.010: "A person commits the offense of driving while under the influence of intoxicants if the person drives a vehicle while the person: (a) Has 0.08 percent or more by weight of alcohol in the blood of the person as shown by chemical analysis of the breath or blood of the person made under ORS 813.100, 813.140 or 813.150; (b) Is under the influence of intoxicating liquor, a controlled substance or an inhalant; or (c) Is under the influence of any combination of intoxicating liquor, an inhalant and a controlled substance.

Liability Issues

Drunk drivers in Oregon face not only criminal charges, but they can also be held civilly liable for injuries, damages and losses caused. Families of deceased car accident victims can file a civil wrongful death claim seeking damages to cover medical and funeral costs, lost future income, loss of love and companionship, and other related damages.

Injured victims or their families could seek compensation to cover medical expenses, loss of wages, cost of hospitalization, surgeries, rehabilitation and other related damages. An experienced Oregon personal injury lawyer will be able to advise victims and their families in such cases about their legal rights and options. For more information about the dangers of driving under the influence, please visit the Mothers Against Drunk Driving web site at www.madd.org.

Do you believe Oregon laws do enough to prevent drunk drivers from getting behind the wheel?

None of the parties mentioned in this article are represented by us at the time this article was posted. The source of our information is cited in the article. If you were involved in this incident and have questions as to your rights and options, call a reputable law firm for a consultation. Do not act solely upon the information provided herein. The BISNAR | CHASE personal injury law firm will provide free, confidential consultation to "not at fault" persons and their family members if you mention your source was the “Personal Injury Law Journal." They can be reached at 866-456-5235 during California business hours.