How an Oregon Car Accident Attorney Can Help You

Oregon is a unique state. It's home to major cities like Portland. It also has rural areas and large national forests.

The state's geography forces Oregonians to rely heavily on cars. Inevitably, accidents involving motor vehicles occur in Oregon.

These accidents are sometimes the result of negligence. Accidents often happen when drivers break the law or don't exercise caution.

Have you been injured in a car accident in Oregon? Was your accident the result of another driver's negligence? An Oregon car accident attorney might be able to help you recover financial compensation for losses you've incurred.

Recovering compensation involves filing a claim with an insurance company. Hiring a car accident lawyer who understands how to navigate working with insurance companies will help you arrive at a fair settlement. It also gives you the freedom to focus on your recovery.

Oregon Overview

Oregon's rate of car accidents is neither particularly high nor particularly low. In 2020, 19,343 crashes in the Beaver State left victims with nonfatal injuries. Victims lost their lives in 460 motor vehicle accidents.

The most common cause of fatal car accidents in Oregon is a collision with a fixed object. Such accidents account for about 33% of Oregon traffic fatalities.

The most common type of accident is a rear-end collision. These accidents account for 30% of all collisions in Oregon. Factors such as a vehicle's speed and size impact the severity of injuries victims sustain in rear-end collisions.

Car accident rates are on the rise in many states throughout the country. Oregon is no exception. Experts cite factors like increased cell phone use to explain this trend. Accidents may be becoming more common because more drivers are distracted.

Motorists aren't the only ones in danger. Pedestrian fatalities are also on the rise.

A pedestrian struck by a motor vehicle is more likely to sustain major injuries or lose their life than someone in a car. Cars have airbags, seatbelts, and other protective features. Pedestrians have no such protection.

Remember this when navigating any Oregon town or city on foot. Paying attention to your surroundings can minimize your chances of being harmed in an accident.

Ordinary Negligence

A driver's actions can result in harm to others. A motorist may be guilty of ordinary negligence if they cause an accident by not taking the precautions a reasonable driver would take. Examples include obeying the rules of the road and paying attention to one's surroundings.

A car accident victim in Oregon may seek compensation if they can prove their accident resulted from negligence. Negligence consists of these elements:

• Duty of care: Motorists have a duty of care to those with whom they share the road. This includes pedestrians. Drivers must obey traffic laws and exercise caution to avoid causing accidents.
• Breach of duty: A breach occurs when a motorist fails to exercise care. Examples of breaches include (but aren't limited to) speeding, driving through red lights, and driving while intoxicated.
• Causation: A victim can pursue compensation for damages resulting from a car accident if someone's breach of duty caused the damages. Hiring an Oregon car accident lawyer may increase the chances of a positive resolution of the case.
• Damages: The injured party can seek compensation for certain damages incurred as a result of someone's negligence. These may include economic damages, such as medical bills, lost wages, and property damage. It's also sometimes possible to recover compensation for non-economic damages like pain and suffering.

Negligence Per Se

How easy it is for an Oregon car accident attorney to prove negligence depends on multiple factors. Whether a law was broken is one example.

Negligence per se is a legal doctrine that's frequently applied in these cases. This doctrine states that an action is negligent when it violates a law.

Showing that a law was broken may require investigating an accident. An Oregon car accident attorney might investigate by:

• Requesting police reports.
• Interviewing witnesses.
• Gathering pictures and footage of the accident.
• Noting inconsistencies in the negligent party's story.
• Reviewing medical bills, documentation of lost wages, and other documentation.
• Putting together a claim with supporting evidence and filing it by a deadline.
• Corresponding with an insurance adjuster.

An attorney will also be familiar with Beaver State's relevant safety laws. Their experience can be valuable when it's not clear whether a law was broken.

For example, a driver isn't always breaking the law when using a phone or similar device. Using these devices as a motorist is sometimes legal in Oregon. An attorney who knows the state's laws can determine whether negligence per se applies in a case involving a driver who was using their phone at the time of an accident.

Oregon's traffic safety laws are nuanced. Because of this, reviewing a case with an attorney can help a victim to learn if negligence per se applies to their case. An Oregon car accident attorney can go over the details of your case to determine if the liable party broke the law.

They can also investigate to prove a law was broken. This is key. You need to present evidence showing a negligent party broke the law.

Comparative Fault

Oregon's contributory negligence statute can influence whether a car accident participant recovers compensation.

Contributory negligence laws exist because sometimes accident victims are partially responsible for their injuries. For example, perhaps a driver has a green light. They proceed through an intersection accordingly. They're injured when a speeding motorist runs a red light.

The speeding driver caused this accident. However, the victim was looking at their phone while driving through the intersection. It's shown they could have stopped in time to avoid the accident had they been paying attention to the road. They share some of the responsibility for the accident if so.

A victim whose own negligence contributed to their accident or injuries can still recover compensation if their percentage of negligence is less than that of the other negligent parties. For example, a victim can seek compensation if it's determined they're 40% responsible for their accident. They wouldn't be able to pursue compensation if they're deemed 60% responsible.

The degree to which a victim's negligence caused their accident will determine how much compensation they may receive. In some cases, a victim would be eligible to recover up to $10,000. But if it's shown the victim is 20% responsible, the maximum amount of compensation they could receive would be $8,000.

Accurately determining the extent to which your negligence and the other party's negligence contributed to an accident may require gathering thorough evidence. An Oregon car accident attorney can investigate your accident to collect the evidence necessary when determining whose negligence caused an accident.

Damages

If you've been injured, an Oregon car accident lawyer can help determine your compensable losses.

A lawyer will start by accounting for financial losses. Examples include:

• The cost of medical treatment.
• Lost wages.
• The cost of travel to medical appointments.
• Expenses for at-home medical equipment and care.

Your Oregon car accident lawyer may have to account for future losses along with current and past financial losses. This might be necessary if your injuries are so serious that you need ongoing medical treatment. Or, it may be necessary if you're permanently unable to return to work.

An experienced lawyer can estimate the sum of these future losses. This is a complex process requiring legal training and education.

Attorneys can also help victims recover compensation for damages that don't have an objective monetary value. Examples include:

• Physical pain.
• Emotional distress.
• Psychological distress.
• Loss of enjoyment of life.

No attorney can promise you'll recover a specific sum. Doing so is unethical.

Many factors affect the amount of compensation received in car accident settlements in Oregon. A lawyer can't predict a case's resolution with absolute certainty but they can help you arrive at a fair settlement.

Car Accidents in Oregon’s Major Cities

Portland

The current population of Portland is about 666,249 people. It's Oregon's most populous city.

Portland sees more car accidents than many smaller cities and towns. That's to be expected. The more cars on the road, the more chances there are for accidents to happen.

Data from the Oregon Department of Transportation (ODOT) indicates that 5,467 motor vehicle accidents occurred in Portland in 2020. Of those crashes, 49 resulted in the loss of life, and 2,791 resulted in nonfatal injuries.

Motor vehicle accidents are becoming more common in Portland. According to a recent report, Portland accidents claimed the lives of 67 people in 2021. This is the highest rate of traffic deaths in Portland in more than 30 years.

Analysts haven't officially stated the cause of this trend. Some believe the COVID-19 pandemic is partially to blame. ODOT's transportation safety department argues that some motorists began driving more recklessly during the worst days of the pandemic when there were fewer cars on the road. Although traffic density has returned to normal, their driving habits may not have.

However, the upward trend started before the pandemic. Other factors have clearly played a role.

Salem

Salem is home to approximately 177,723 people. This makes it the second most populous city in Oregon.

ODOT data shows 1,969 motor vehicle accidents happened in Salem in 2020. Victims sustained nonfatal injuries in 1,094 of these accidents and lost their lives in 12.

Eugene

Eugene's population is very close to that of Salem. The city currently has about 175,096 residents.

In 2020, 1,179 motor vehicle accidents occurred in Eugene. Four resulted in the loss of life and another 566 resulted in nonfatal injuries.

Although Salem's population is slightly higher than Eugene's, it sees significantly more accidents resulting in death and injuries.

Gresham

Approximately 113,103 people currently live in Gresham. It's among the most populous suburbs in the Greater Portland Metropolitan area.

Gresham saw 968 motor vehicle accidents in 2020. Although fewer accidents occurred in Gresham than in Salem or Eugene, more were fatal.

Sixteen people lost their lives in Gresham accidents that year. Another 535 were left with nonfatal injuries.

The factors which cause accidents in these cities could account for this. In Eugene, speeding was a contributing factor in 64 motor vehicle accidents in 2020. Therefore, speeding was a contributing factor in about 5% of Eugene accidents that year. In Salem, speeding was a factor in 142 accidents or about 7% of accidents.

In Gresham, on the other hand, speeding was a contributing factor in 103 accidents. It was thus a factor in a little over 10% of Gresham motor vehicle accidents in 2020.

Hillsboro

Hillsboro is the geographic mirror of Gresham. Gresham is directly east of Portland. Hillsboro is directly west. Its current population is about 106,633 people.

ODOT data indicates Hillsboro had 954 motor vehicle accidents in 2020. Victims sustained nonfatal injuries in 548 accidents and lost their lives in four.

Hillsboro's population isn't much lower than Gresham's. Nor is its overall accident rate. However, its fatal accident rate is lower.

How an Oregon Car Accident Attorney Can Help You

Accidents can happen even when drivers are careful. You may be a responsible motorist. You obey the rules of the road. You avoid distractions. You pay attention to other drivers. You even know not to drive if you're tired.

Still, you were injured in an accident. This may have happened because another driver was negligent. You were hurt because someone else wasn't careful.

If that is the case, you're likely now facing a range of struggles. Your accident may have left you with injuries requiring costly medical treatment.

Perhaps you can't return to work until you recover from your injuries. This can prevent you from earning an income. Loss of income will make paying your bills even harder than it already is.

Those are two common financial challenges car accident victims face.

It's also possible you're enduring non-economic hardships. For instance, your injuries might leave you in significant physical pain. They can also cause mental health problems. You may be able to recover compensation for these losses. This is true even if they don't have a clear monetary value. They've still had a negative impact on your life.

Coping with such difficulties is rarely easy. However, the situation isn't always as dire as it seems. An Oregon car accident lawyer can help ease your burdens.

Oregon is a tort, or fault-based, car accident state. Oregon motorists are required to carry insurance to compensate victims if they cause accidents. If you've been injured because another motorist was careless, you can seek financial compensation by filing a claim to recover from their insurance.

Learn more about how an Oregon car accident attorney can help with a free consultation today.