Drunk Driving Accident Attorney in Portland
Trial-Ready Advocacy Backed by 22 Years of Personal Injury Experience
A drunk driving crash changes everything in a moment. If an OUI driver injured you or someone you love in the Portland area, CFoster Law, PLLC is ready to help you pursue compensation for your losses. Attorney Christian Foster brings over 22 years of personal injury experience, a trial-first case philosophy, and more than $10 million recovered for clients to every case he takes on. We don’t wait for insurers to set the terms. We build each case from day one as if it’s going to trial, and we won’t settle for less than what a client is owed.
Consultations are free, confidential, and available virtually. We’re available 24/7 because we know these accidents don’t happen on a schedule.
Call (207) 305-3854 to schedule your free consultation with a drunk driving accident attorney in Portland, ME.
What to Do After Getting Hit by a Drunk Driver
The steps you take immediately after an OUI accident can protect both your health and your legal claim. Evidence like BAC test results and police reports is most accessible in the hours and days right after a crash, which is why acting quickly matters. Here’s what to do:
Steps to take after a drunk driving accident:
- Move to safety: Check yourself and passengers for injuries, and if possible, move the vehicle out of traffic.
- Call 911 and seek medical attention: Always report the accident and get checked by medical professionals, even if you feel fine.
- Document the scene: Take photos or videos of your injuries, the vehicles, road signs, skid marks, and weather conditions.
- Exchange information: If possible, get the other driver’s name, contact info, license plate number, and insurance details.
- Request a copy of the police report: This document is among the most important pieces of evidence in an OUI accident claim.
- Notify your insurance company: Report the incident to your insurer, but avoid giving a detailed recorded statement before speaking with an attorney.
- Contact a drunk driving accident lawyer in Portland: Don’t speak with the at-fault driver’s insurance adjuster before consulting us. Early statements can be used to reduce the value of your claim.
The aftermath of a crash can mean emergency care at MaineHealth Maine Medical Center, mounting medical bills, missed work, and pain that doesn’t resolve quickly. We’re available around the clock to take your call, preserve evidence, and protect your rights before the insurance process gets ahead of you.
Compensation Available in a Portland Drunk Driving Accident Claim
OUI accidents often produce serious, lasting injuries. Maine law allows victims to pursue compensation for the full range of losses those injuries cause, and in some cases, the available recovery extends beyond what victims initially expect.
Damages that may be recoverable in your claim include:
- Medical expenses: Current treatment costs and anticipated future care, including surgery, rehabilitation, and ongoing medication
- Lost wages and earning capacity: Income lost during recovery and any reduction in future earning ability caused by the injury
- Pain and suffering: Physical pain, emotional distress, and loss of enjoyment of life
- Property damage: Repair or replacement of your vehicle and any other damaged property
- Wrongful death damages: When a drunk driving crash results in a fatality, surviving family members may pursue a wrongful death claim for funeral costs, loss of companionship, and related losses
Two additional avenues of recovery are worth knowing. If the OUI driver was uninsured or underinsured, you may be able to pursue compensation through your own uninsured/underinsured motorist (UM/UIM) coverage under Maine law. And in cases where a driver’s conduct was particularly egregious, punitive damages may be available. These are separate from compensatory damages and aren’t available in every case.
Maine’s modified comparative fault rule also means that even if you share some degree of responsibility for the accident, you can still recover as long as your share of fault is less than 50 percent. Your award is reduced proportionally by your percentage of fault.
We analyze every case to calculate the full scope of damages a client needs and deserves. You pay no legal fees unless we recover compensation for you.
Why Portland OUI Accident Victims Choose CFoster Law, PLLC
Attorney Foster has spent over two decades building cases in Maine courts. He serves on the Board of Governors for the Maine Trial Lawyers Association and is a member of the Edward Thaxter Gignoux Inn of Courts, a peer-selected professional legal organization. His peers at The National Trial Lawyers have named him a Top 100 Trial Lawyer. Those credentials reflect a practice built around serious case preparation and a willingness to keep fighting when a settlement offer falls short.
Court Admissions That Expand Your Options
Our court admissions expand where we can fight for you. We’re admitted to practice in the U.S. District Court for the District of Maine and the U.S. Court of Appeals for the First Circuit, not just state court. When a case requires it, we have the standing to pursue it at the federal level.
A Trial-Ready Approach That Strengthens Every Case
We prepare every case as if it will go before a jury. That preparation signals to insurers that we won’t accept an inadequate offer, and it puts us in a strong position if negotiation stalls. We keep case volume manageable so each client gets the attention their case demands. You’ll receive regular updates, honest assessments, and direct access throughout your case.
Start Your Case with a Free Consultation
If a drunk driver injured you or a family member in the Portland area, you don’t have to navigate what comes next alone. Your first conversation with us is free, confidential, and carries no obligation. We offer virtual consultations and are available 24/7. There are no legal fees unless we recover compensation for you.
Call (207) 305-3854 or contact our team online to take the first step. Our drunk driving accident attorneys in Portland are ready to help.
Frequently Asked Questions
Will Filing a Civil Claim Affect the Criminal Case Against the Driver?
No. Your civil personal injury claim is entirely separate from the criminal OUI case. The civil claim is designed to seek compensation for your losses, including medical expenses, lost wages, and pain and suffering. The criminal case focuses on punishing the driver for violating the law. You can pursue compensation even if the driver isn’t ultimately convicted, and the outcome of the criminal case doesn’t determine whether you can recover in a civil claim.
Can a Bar or Restaurant Be Held Liable for a Drunk Driving Crash?
Sometimes. Under Maine’s Liquor Liability Act, an establishment that served alcohol to a visibly intoxicated person who then caused an accident may be held liable for resulting injuries. This is commonly called dram shop liability. There is a critical procedural requirement: written notice must be given to all defendants within 180 days of the date of the server’s conduct. Missing that deadline can result in dismissal of the dram shop claim, so contacting an attorney promptly is important if this theory applies to your case.
How Long Do I Have to File a Lawsuit in Maine?
Maine law sets a deadline for filing personal injury lawsuits, and that window isn’t indefinite. The timeframe that applies to your claim depends on the facts and parties involved. We advise clients on applicable deadlines during the free initial consultation. Don’t assume you have more time than you do. Contact us as soon as possible after an accident to make sure no deadline slips by.
What Happens If the Drunk Driver Had No Insurance?
Your recovery options don’t disappear because the at-fault driver was uninsured or underinsured. Maine law allows you to pursue a claim through your own uninsured/underinsured motorist (UM/UIM) coverage for compensation you can’t collect directly from the driver. If a bar or other establishment also bears responsibility, a dram shop claim against that party may provide an additional path to recovery. We can evaluate all available options during your consultation.
5-Star Client Reviews
See the Difference An Experienced Attorney Makes
At Foster Law, we give your case the time and attention you deserve. Read some of our client testimonials below, or call us at (207) 305-3854 today to get started.
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"Better Than "Best Case""He knows what he's doing but beyond that, his personality has a great calming effect. I prepared myself for the worst case and got me better than the "best case".- John
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"He Assuaged My Fears"Christian was incredibly friendly, yet straightforward. I appreciated his pragmatism as well as his sense of optimism. He was extremely knowledgeable.- Anonymous
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"Highly Recommend!"
I could not be happier with the service and results I received from Attorney Foster and I highly recommend him for your needs.
- Lee B. -
"I Felt Protected"Because he took his time, he was able to represent me very well resulting in a fair settlement.10 out of 10 experience!!!- Rebecca T.
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"Thrilled With the Outcome"Christian Foster went above-and-beyond the call of duty in what was very complex litigation. I was thrilled with the outcome of my case.- Adam C.
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"Christian Foster is a rare species among personal injury lawyers."Despite formidable delays and obstacles created by COVID and the insurance company, Christian persevered in creative ways, always with the highest integrity and my unique interests and concerns in mind.- Lucille M.
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"He Changed My Mind About Lawyers"He did a wonderful job. This experience completely changed the way I feel about attorneys. He is a testament to his profession which all attorneys should strive for.- Former Client
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"He Cares About Justice"He took time to answer all questions and if needed he would repeat until we all understood. We feel honored and grateful that Mr. Foster was our attorney.- Carlo & Denise G.
Maine’s Liquor Liability Act and Third-Party Dram Shop Claims
When a drunk driver causes an accident in Maine, the driver is the most obvious defendant. But the person who handed them the keys to impairment may also bear legal responsibility. Maine’s Liquor Liability Act, codified at Title 28-A, Chapter 100 of the Maine Revised Statutes, allows injured victims to pursue civil claims against bars, restaurants, and, in some circumstances, social hosts that negligently or recklessly served alcohol to a visibly intoxicated person or a minor who then caused an accident.
Negligent service under the Act means the server knew, or a reasonable person in their position would have known, that the patron was a minor or was visibly intoxicated at the time alcohol was served. The law isn’t limited to licensed commercial establishments. Social hosts who furnish alcohol to a minor in a context that leads to an accident may also face liability under certain circumstances.
Key rules that apply to Maine dram shop claims:
- 180-day written notice requirement: A plaintiff pursuing a claim under the Liquor Liability Act must provide written notice to all defendants within 180 days of the date of the server’s conduct. This deadline is independent of the general personal injury filing deadline. Missing it can result in dismissal of the dram shop claim entirely.
- Non-medical damages cap: Under Maine’s Liquor Liability Act, non-medical damages recoverable from a dram shop defendant are capped at $350,000 per accident. This cap applies only to the establishment or social host, not to the drunk driver directly.
- Concurrent claims: A dram shop claim against a bar or restaurant doesn’t prevent a victim from also pursuing a claim against the driver. Both claims can proceed at the same time, and damages may be apportioned among responsible parties.
The 180-day notice window makes dram shop liability one of the most time-sensitive aspects of an OUI accident claim. If there’s any possibility that an establishment contributed to the driver’s intoxication, that question needs to be investigated and noticed quickly. We can assess whether this theory applies to your case and make sure the procedural requirements are met before the window closes.
