If you’ve been injured in a car accident in Oregon, here’s what you need to know about car accident law.
Tragically, car accidents in Oregon have gone up almost 13% in the last year. At Precision Litigation Northwest Law, we’ve seen and handled a sizable share of car accident lawsuits. Our clients come to us stressed and buried under a mountain of paperwork, outstanding medical bills, and the distress of not knowing when they can return to work.
While we can’t make your pain go away, we can bring the negligent parties to justice and get you the compensation you deserve. Contact us today for your free injury consultation. If you’ve been injured in a car accident in Oregon, here’s what you need to know about car accident law.
1. Statute of Limitations
Car accident laws are governed under state statutes. Each state will have different statutes for how to proceed with car accident lawsuits. Probably the most important thing you need to know about Oregon car accident law is the statute of limitations. The statute of limitations is the time you have to file a claim or lawsuit against a negligent party. After the statute of limitations is up, you cannot legally file a complaint and collect damages. In Oregon, the statute of limitations for car accidents is two years from the date of the crash.
2. Determining Liability
In a car accident, you must prove the other driver who caused your injury was negligent. In Oregon, the law operates under the premise of comparative negligence. What does this mean? It means the law splits the level of responsibility for injuries on a percentage basis. This means that damages are accurately assessed and a victim can collect just compensation. Other states operate under strict liability laws, where if the injured party is even 1% responsible for the crash, they can’t collect any money. Even if you are half responsible for an accident in Oregon, you can still collect up to 50% of damages for the wreck from the other negligent party.
3. Negligence and Compensation
It’s critical to understand that negligence doesn’t always mean you’ll get to collect enough money to cover all of your bills and pain and suffering. If a negligent party did not have much coverage on their insurance or if they were uninsured, and if they have no sizable assets to seize, you may not get any money from them. Depending on what type of car insurance you have, you may be able to get some compensation under an uninsured/underinsured motorist clause in your policy.
Speak With an Oregon Car Accident Lawyer
When you contact Precision Litigation Northwest, we will go over all of the details of your case and thoroughly investigate the negligent party’s insurance coverage and their assets. We’re determined to get you the compensation you are legally entitled to. Contact us today for your free injury consultation. There’s no fee unless we win a personal injury lawsuit for you.
Call us today at 541-948-8830!
Frequently asked questions
What happens if I miss Oregon’s two-year deadline for a car crash claim?
The claim is usually over. ORS 12.110(1) gives most injury claims two years from the date of the crash, and a court can dismiss a lawsuit filed even a day late no matter how strong the facts are. A few exceptions exist, for example for minors, but do not count on one. Claims against public bodies also need written notice within 180 days under ORS 30.275.
Who decides what percentage of fault I carry under Oregon car crash law?
At first, the insurance adjusters. If the claim does not settle, a jury or judge assigns percentages at trial. Under ORS 31.600 you can recover as long as your share is not more than 50 percent, reduced by that share. Because the adjuster’s number is an opening position, not a ruling, evidence gathered early often moves it.
How much insurance does Oregon require drivers to carry?
Oregon’s minimum liability policy pays $25,000 per person and $50,000 per crash for injuries, plus $20,000 for property damage. Every policy must also include personal injury protection of at least $15,000 and uninsured motorist coverage at the same minimum limits. Serious injuries can exceed those numbers quickly, which is why we look at every policy that may apply.
What does negligent mean in an Oregon car crash case?
It means the other driver failed to use the care a reasonable driver would have used, and that failure caused your injury. Speeding, texting, running a light and following too closely are common examples. You do not have to show the driver meant to hurt you. You do have to prove what happened, which is why the police report, photos and witnesses matter.
Does the two-year deadline apply to a wrongful death claim after a fatal crash?
No. Oregon gives the personal representative three years from the date of injury to bring a wrongful death claim under ORS 30.020. The claim belongs to the estate and is brought for the surviving spouse, children and parents. Because the insurance and evidence questions are the same as in an injury case, the earlier the work starts the better.