Every day, drivers and passengers are at risk of being in an auto accident. Even the “best” drivers are not exempt from the dangers of a collision. It can be a frightening situation to face a car accident in Oregon. Our auto accident lawyer Lake Oswego, OR can help provide clarity in what to do to protect yourself and ensure the best possible outcome for your injury case. Contact us today directly at 503-726-5960.

According to a study, 57% of crashes in the U.S. happen as a result of human error

These factors include, but are not limited to, intoxication, drowsy driving, distracted driving, speeding, and delayed reaction time. Each person on the road is not only affected by his or her own actions but also by the actions of others on the road. Drivers and passengers are also in danger of accidents due to road conditions and weather. The design of the roads and the vehicle are also significant players in the causes of vehicle collisions.

Due to these and several other causes, in Lake Oswego Oregon, several individuals have been involved in or affected by a car crash. Sadly, the results of these dangerous auto accidents often extend far past the day of the crash. The effects of these crashes often affect these drivers and passengers physically, emotionally, and/or financially.

The Impairing Results of Dangerous Collisions

Oftentimes these traffic collisions can have severe and long-lasting physical repercussions. Common physical damage among accident victims is brain, head, neck, spinal, back, and facial injuries. In addition, those involved in a dangerous collision may suffer internal damage. Individuals involved in vehicle collisions also often suffer from psychological trauma. This trauma may include emotional distress, depression, or anxiety. Psychological disorders can affect those involved in the crash both in the long term and in the short term.

Auto Accident Lawyer Lake Oswego

After being involved in a collision, car accident victims in the Lake Oswego area often have to deal with legal logistics. Insurance companies want to settle claims as quickly and as cheaply as possible. After a car crash, the physical and psychological effects may impair the driver’s ability to deal with legal settlements.

In these instances, many accident victims in the Lake Oswego area have called upon the services of an attorney. These attorneys have experience in settling several claims and are able to deal with court trials, mediation, or arbitration. Several drivers in Oregon have seen the benefit of petitioning for legal help after being involved in a crash. By relying on the expertise of an attorney they are able to shift their focus from legal logistics to recovering from any injuries.

Typically, the law requires you to file an accident report if it results in personal injury, death, or property damage. But what about Oregon? Here’s all you need to know.

What is a Police Accident Report?

Also known as an incident report, an accident report is a formal record of the facts related to a vehicle accident.

The report outlines details like:

  • What has occurred
  • Who was involved
  • Where the accident occurred
  • Date and time of the incident

An accident report also provides contact information of those involved in the accident including drivers and passengers.

Contact information for anyone who witnessed the accident is also included in the accident report.

filing an accident report

Who Creates a Police Accident Report?

The police officers who are called to the scene of the accident fill out an accident report. Sometimes accident experts are also required on the scene to investigate causes and to recreate the accident events.

What is Included in a Police Report

The police report may contain a statement about who was at fault. This statement is based on police professional judgment.

It is a misunderstanding that all accident reports determine fault. The police report often does not assign blame or ticket drivers.

Police reports may include such important details as:

  • Accident details including date, time, and location of where the crash occurred
  • Driver statements: These may include the fault for the accident.
  • Contact details regarding insurance information.
  • Eyewitness information and contact data.
  • Written details from the officers regarding what they were told about events that led to the accident.
  • Police officer conclusions regarding the accident’s cause are based on eyewitness reports and other evidence.
  • Injuries observed at the accident scene.
  • Description of vehicle damage.
  • Weather and road conditions at the time. These may  be used to formulate conclusions about how and why the accident occurred
  • Diagrams and pictures of the scene. These are used to prove the severity of the accident, property and vehicle damage, and injuries.
  • If tickets were issued proving evidence of driver negligence.

When Should You Call Police to the Scene of an Accident?

In some states, even if an accident seems minor, you are legally required to call the police. If they cannot come to the scene, you can report the accident at the nearest police station.

In other states, an official police report is required only if damage to vehicles or property exceeds a specific amount or there are injuries.

Even if an accident seems minor, it is wise to call the police to the scene of an accident. Many times, vehicle or property damage that appears minor can prove costly.

Why are Police Accident Reports Important?

A police incident report is proof that an accident occurred.

The accident report notes the driver or weather causes of the accident. If you sustain an injury, this information may help your lawyer prove your injuries were caused by the accident. In cases of lawsuits, these data are crucial evidence.

If you decide to seek compensation for the damages you suffered, having the details of the accident is vital to your claim.

Is Oregon an At-Fault State?

Yes, Oregon is an at-fault state.

This means that the person who committed a driving error is responsible for injuries and damages.

However, Oregon’s insurance policies must include a built-in provision called personal injury protection (PIP). As writer Mark Fitzpatrick notes, PIP insurance is mandatory in Oregon if you are driving any vehicle except a motorcycle.

A PIP policy has to provide a minimum of $15,000 of coverage per person injured in an accident. This money may be used to cover such accident-related costs as medical bills and lost wages of the driver or passengers involved in the accident.

when to file an accident report

What is an Oregon Traffic Accident and Insurance Report?

In Oregon, according to the Department of Transportation, you must file an accident report with the Department of Motor Vehicles. This Oregon Traffic Accident and Insurance Report must be filed within the first seventy-two hours after the accident.

Unlike a police report, an Oregon Traffic Accident and Insurance Report, required by the Oregon Department of Transportation, is filed by the drivers involved in the incident. This report must be filed with the Department of Motor Vehicles under certain conditions.

The Law Requires You to File an Accident Report If…

  • Damages to vehicles involved in the incident are in excess of $2500. This report must be filed even if only one vehicle was involved.
  • A vehicle must be towed from the accident scene, the report must be filed.
  • An injury or death occurred as a result of the accident the form must be filed.
  • Damages to property at the accident scene exceed $2500, a report must be filed.

So, in most cases, the law requires you to file an accident report if it results in personal injury, death, or property damage (exceeding a certain amount).

What Happens If a Report is Not Filed?

If you fail to file an Oregon Traffic Accident and Insurance Report, the Department of Motor Vehicles will suspend your license.

What About if Damages Were Under $2500?

If damages in an accident do not exceed $2500, you are not required to file an Oregon Traffic Accident and Insurance Report. If the other driver is not insured, you should file a report. Note in this report that it does not meet the $2,500 reporting criteria.

Are Police Reports Admissible in Court?

No. Police reports are considered hearsay. The police did not witness the accident.

However, police reports can provide details from witnesses who saw the accident. These witnesses can testify through deposition or at a trial.

the law requires you to file an accident report if

Why Seek Legal Representation After an Accident?

Whether you are injured or you simply have suffered vehicle damage, you are smart to call a lawyer who specializes in personal injury cases.

If you were injured in a car accident, you need legal representation. Furthermore, you need an attorney who specializes in personal injury claims.

Lawyers who deal with accident reports and personal injury suits are best equipped to protect your rights and get you the best compensation possible.

With injury attorneys like Ryan Hilts Law, you can trust that your interests are being well represented. You can focus your time and efforts on recovery.

Ryan Hilts Law specialists have a proud history of helping accident injury victims get maximum compensation for pain and suffering, medical bills, and loss of work earnings.

Let’s discuss whether you have a claim for compensation. Request a free consultation from our experienced legal team.

Of course, everyone wants to avoid car accidents, but sometimes they happen. It’s best to be prepared if and when an accident occurs, so when it comes to who’s at fault and if Oregon is a no-fault state, here’s what you’ll need to know.

What is a No-Fault State?

Ashlee Tilford’s article notes that a no-fault state is one in which drivers have insurance that will cover injuries and damages to their car, driver, and passengers.

“No fault” means that it doesn’t matter who caused the accident. Everyone must file a claim with their own insurance company in case of an accident.

All drivers must have personal injury protection coverage as part of their vehicle insurance policy.

getting in a car accident in Oregon, an at-fault state

Which States are No-Fault States?

Currently, there are twelve no-fault American states.

These include:

  • Florida
  • Michigan
  • New Jersey
  • New York
  • Pennsylvania
  • Hawaii
  • Kentucky
  • Massachusetts
  • Minnesota
  • North Dakota
  • Utah.
  • Puerto Rico also has no-fault insurance laws

How Does No-Fault Affect Insurance?

In no-fault states, personal injury protection coverage is required. Each state decides on a minimum personal injury protection coverage. Personal injury protection coverage pays up to a certain amount on medical bills for the driver and passengers in the event of an auto accident. 

However, in cases of major vehicle damage and/or serious and/or permanent injuries, these may be only partly covered. Drivers might have to try to recoup losses not covered by their insurance by suing the driver who was legally at fault and the insurer of the vehicle he/she was driving.

So, when it comes to insurance, the question of whether Oregon is a no-fault state comes into play with coverage.

car accident Oregon

Is Oregon a No-Fault State?

No – Oregon is an at-fault state.

This means that the driver who caused the accident is liable.

His/her insurance company has to cover repairs, medical costs, and all other damages that result from the accident.

An at-fault state, like Oregon, is also called a tort state. The blame and financial responsibility are placed on the driver responsible for the accident. The insurer of the car he was driving is liable for the other driver’s losses, including medical bills and property damage.

In Oregon, police officers who are called to the accident will determine who is at fault.

However, each policy has a maximum on damages and medical costs. If your claims exceed this maximum, you will have to sue the driver for the additional costs. In an at-fault state, like Oregon, ITC notes that you are allowed to do this.

Oregon has some provisions built into their insurance. Personal injury protection means that if you suffer injuries and/or vehicle damage in an accident that was not your fault, you can file a claim through the at-fault driver’s insurance company. That company must pay compensation. You must prove liability.

At-Fault vs. No-Fault Insurance

Pros of No-Fault Insurance

No-fault insurance states do not recognize one driver to be at fault for an accident. What happens instead? Both car owners in a crash work with their insurance companies to get medical and car repair compensation. 

If you have passengers in your vehicle, they would go to their own car insurance companies for payment of medical bills or other loss of work income as a result of their injuries. 

One of the strengths of no-fault insurance is that you do not have to wait for the other driver’s insurance company to process payments for vehicle damage or medical costs. Claims are covered quickly and without hassle.

It might also save you the cost and time of suing to recoup compensation.

In no-fault insurance, you decide the maximum amounts of coverage on your vehicle and personal injury. You are not at the mercy of the other driver’s insurance limits. 

In no-fault insurance, there are some exceptions to this. If one party has significant property damage exceeding a specific amount or if one party sustains debilitating injuries or has a permanent physical disability, these cases are deemed exceptions.

In such extreme cases, no-fault states allow third-party lawsuits to be filed against the driver who was deemed responsible.

Even though it is no-fault insurance, legally, the fault is assigned. When police are called to the scene of the accident, they will investigate. They report. They do not assign fault. That is up to your auto insurance company. They assign fault or no fault. 

Your car insurance company will assign a percentage of fault to each of the drivers. This helps the companies determine fault. Each driver can be found to be 0% to 100% at fault for the accident.

Cons of No-Fault Insurance

As Nofaultinsurancequotes.com notes, a major drawback of no-fault insurance is that you have to claim against your own insurance company—even if the fault was not yours. Your insurance rates will most likely go up.

Another con of no-fault insurance is that the driver who caused the accident cannot be sued—except in unusual cases. While costly lawsuits are avoided, drivers who caused accidents are rarely held accountable.

 

car accident Oregon

Pros of At-Fault Insurance

The biggest pro is that bad drivers are held accountable. If you were not found at fault your insurance record is clean and your premiums don’t go up.

Cons of At-Fault Insurance

The downside is that claims may take a long time to get processed. Lawsuits often result. These are costly, stressful, and time-consuming for a driver who had nothing to do with causing the accident.

In the event of the at-fault driver having low/mild personal injury and/or liability coverage, you might end up suing him/her for damages. You may never recover your costs.

Things to Be Wary of in Oregon State Fault Insurance

The insurance payout from the insurance company of the at-fault driver may not be enough. Your losses may exceed the maximum amount of the insurance policy.

The company may be trying to reach a low settlement.

For these reasons, it is always wise to engage the services of a personal injury attorney. With a skilled lawyer, your rights to a fair settlement are protected.

You also need to be wary of time limits on making claims. Suing the other driver and/ or the insurer of the vehicle he/she was driving the company is time-sensitive. Your lawsuit must be filed in under two years of the accident date.

Ryan L. Hilts warns that Oregon personal injury law is neither simple nor easy. His firm urges those who are making accident claims to hire an attorney with several years of experience in personal injury law.

 

If you have questions about making a claim against an Oregon driver, or if you have any other questions like if Oregon is a no-fault state, contact Ryan Hilts Law at (503) 726-5960 or at RYAN@RYANHILTSLAW.COM for more information.

 

Dog bites happen all of the time. If you have been bitten by a dog and aren’t sure what to do next, then you must understand the laws and regulations that Oregon has for dog bites. By understanding these laws and regulations, you will be able to push your case forward and receive the compensation that you deserve.

If you are being sued for a dog bite that you weren’t responsible for, then learning about the laws and legalities that you can use is the next step you must take. That way, you won’t be forced to pay for damages that you were not, in any way, responsible for.

Fierce german shepard dog showing teeth and barking

What Should You Do After Being Bitten By A Dog?

If you have been bitten by a dog, then you are able to file a claim within Oregon’s civil court system. By filing this claim, you will then be eligible to receive compensation, due to the dog bite and the effects that this dog bite has had on your life. But, for you to receive this compensation, you must file the claim properly.

Every state, within the United States, has a statute of limitations for personal injury claims. In the state of Oregon, that statute of limitations is two-years. Because of this statute of limitations, you must file a claim within two years of having been bitten by the dog. If you file it later then that, you won’t be able to receive any compensation.

The process of filing a personal injury claim is a little tricky. Above all else, you must organize the facts of your case. Make sure to record where you were bitten, the time that you were bitten, what the dog looked like, who the owner was, the injury you sustained; along with any other pertinent information. By organizing the facts of your case, you will have so much more to work with when you take your claim to court. But, if you don’t organize these facts, then it’s likely that pushing your case forward will be more of a challenge.

aggressive small dog

Once you have the facts of your case organized, it’s time to find an experienced legal attorney, who will then be able to file the claim and begin the lawsuit. While you can push your case forward without an experienced attorney, doing so isn’t recommended, due to the complexities of personal injury cases. By hiring an experienced legal attorney, and giving them the organized facts of your case, you will be working with someone who understands the law and knows how to help get you the compensation that you deserve.

The Oregon statute of limitations, for personal injury claims, including dog bites, is two-years.

  • Make sure to file a personal injury claim for the dog bite you sustained before that two-year period is over
  • Take the time to organize all of the pertinent facts of your case
  • State all facts such as the injury you sustained, where it happened, what time of day, the dog’s owner; and anything else that is relevant
  • To push your lawsuit forward, find and hire an experienced legal attorney that knows all about the law and can get you the results that you seek
  • Give your legal attorney the facts of your case so that they can file the claim and begin the lawsuit, allowing you to receive the compensation that you deserve

How Can You Receive Compensation From A Dog Bite Personal Injury Claim?

While filing a claim and finding an experienced legal attorney are both relatively easy tasks, receiving compensation from a dog bite personal injury claim is a little more challenging. By being aware of the laws surrounding dog bites and liability, you will have a much easier time working with your attorney and setting up a case that allows you to receive the compensation you deserve.

The state of Oregon relies on something known as a “one bite rule”. A one-bite rule is a rule that, essentially, gives a dog “one free bite”, before the owner can be held liable for the injuries that the dog caused.

If, for example, a dog is being walked along the street by its owner, and a man attempts to pet the dog and is bitten, then the owner of that dog won’t be held liable for that bite. But, after that, the owner is aware of their dog’s propensity to bite people and can be held liable for future bitings.

There are two factors, though, that will make the owner liable for the dog bite that you sustained, even if the dog has never bitten anyone before.

If the owner was aware of – or should’ve been aware of – the dog’s dangerous behaviors – behaviors such as menacing other people while not on the owner’s property and injuring/killing domestic animals, to name just two examples – then the owner can be held liable.

If the owner was negligent in using reasonable care to prevent the dog from biting people – not putting the dog on a leash or leaving the door open, to name two examples – then the owner can also be held liable.

While proving either one of those things can be difficult, there are a couple of things you can do that should make it easier. Taking the time to ask the neighbors who live near the dog about the dog’s behavior is a good way to ascertain the overall behavior of the dog. If the dog wasn’t kept on a leash, which led to the bite, or the doors weren’t shut, you can ask about that, too. Mail carriers, in particular, know a lot about the neighborhood dogs, so they’re great sources of information.

Being able to prove any one of those three things will make your case significantly more likely to succeed. That way, you can then receive compensation for the damages that you sustained due to the dog bite – damages such as medical expenses, pain and suffering, and lost wages; among various others.

The state of Oregon uses a “one-bite rule”

  • If a dog has never bitten anyone before and it bites you, then the owner can’t be held liable
  • If the dog has bitten before, though, then the owner can be held liable and you can receive compensation.
  • If the owner was aware of – or should’ve been aware of – the dog’s dangerous behaviors, then the owner can be held liable.
  • If the owner wasn’t taking any measures to prevent their dog from hurting other people – putting their dog on a leash, for example – then they can be held liable.
  • Asking the neighbors and mail carriers for that area about the dog can be held to prove either one of those things.
  • By being able to prove those things, you can receive compensation for the damages that came as a result of the dog bite.

Oregon dog bite law

What Legal Defenses Can You Use If You Are Being Held Liable For A Dog Bite?

If you are being held liable for a dog bite, there are three key legal defenses that you can, and should, rely on. These three legal defenses are as follows: proving that your dog was provoked, making use of the “one bite rule”, and showing the court that you were using reasonable care, rather than being negligent.

In the state of Oregon, the only exception to the dog bite laws and regulations is a provocation. If your dog was provoked – perhaps, someone was tormenting the dog or stepped on their paw – then they won’t be able to receive any compensation, since it was their own actions that lead to the dog bite.

With that being said, though, if the dog is known to be overly aggressive towards minor provocations – especially unintentional provocations – then it’s likely that you will be held liable.

As mentioned earlier, Oregon uses something known as a “one bite rule.” So, if you are walking your dog, using reasonable care to prevent your dog from harming anyone, and someone tries to pet your dog only to be bitten, then you can’t be held liable for that dog bite. But, that’s only if your dog has never bitten anyone, nor shown signs of violent and aggressive behavior.

Every dog owner in Oregon must take the precautions necessary to keep their dog from attacking anyone. If you are walking your dog without a leash or leaving the door in your backyard completely open, and your dog attacks someone due to not having those restrictions, then you can be held liable for negligence.

If the claim against you is that of negligence, then you can prove to the court that you weren’t, in fact, negligent. To do this, you need to organize all of the information that you have, regarding the facts of your case and the situation at hand. If the claim against you states that you weren’t keeping your dog on a leash, even though you were, make sure to write that down. If anyone saw you, at the same time, make sure to get a testimonial from them about how your dog was, in fact, wearing a leash.

There are three key legal defenses that you can use to get out of being liable for a dog bite:

  1. The first is showing that the dog was provoked – either intentionally or unintentionally – which lead to the dog bite
  2. The second is making use of the “one bite rule” by showing that you weren’t aware that your dog would bite and that your dog has never bitten or attacked anyone before
  3. The third is proving that you weren’t, in fact, negligent and that you were taking the necessary precautions to keep your dog from attacking other people

Hiring an experienced legal attorney who specializes in Oregon dog bite law will make it so much easier to organize, prove, and present these facts to the court.

Every state in the United States’ allows for a wrongful death claim to be filed. By filing a wrongful death claim, the losses you and your family members have experienced, due to the wrongful death of a family member, can be compensated. But, every state has different rules and regulations when it comes to wrongful death claims. For your wrongful death suit to be successful, you must know these rules and regulations and how to proceed within them.

Oregon wrongful death

What Is A Wrongful Death Claim In The State Of Oregon?

In the United States’ legal system, there is something known as a “wrongful death claim”. A wrongful death claim is a claim against an individual or entity who can be held liable for the death of another individual. While a wrongful death claim can be filed in any state, every state has its own rules regarding wrongful death claims and the results that such a claim can lead to.

In the United States’ legal system, there is a claim that can be brought in a civil action known as a “wrongful death claim”. A wrongful death claim is, essentially, a claim against an individual or entity who can be held liable for the death of an individual or individuals.

Even though a wrongful death claim can be filed in any state, the specific rules and regulations regarding wrongful death claims differ from state-to-state. These rules and regulations affect the ways in which a wrongful death claim can be filed, and more importantly, the results that a wrongful death claim can lead to.

Within the state of Oregon, as per Oregon Revised Statutes section 30.020, wrongful death is defined as a death caused by “the wrongful act or omission of another”. Any death caused by a reckless or negligent act falls under this umbrella, as do acts of intentional violence. But, since the person who suffered from an act of that sort is no longer around, it is up to a family member of the deceased to file the claim.

Traditionally, the surviving spouse or parent files a wrongful death claim. But, in the state of Oregon, any family member of the deceased – children, stepchildren, stepparents, grandparents – can file a wrongful death claim.

A wrongful death claim is not a criminal case but, rather, a civil suit. Because of this, the results of a wrongful death claim are monetary, rather than criminal charges to the individual or entity who is being held liable for the death. Depending on the claim being made and the individual or entity’s behavior that lead to the wrongful death, punitive damages can be awarded.

  • A wrongful death claim is a claim against an individual or entity who can be held liable for the wrongful death of an individual or individuals
  • In Oregon, any death caused by a reckless, negligent, or intentional act can be considered a wrongful death
  • A family member of the deceased – spouse, child, parent, sibling, stepbrother, stepparent, grandparent – must file the wrongful death claim
  • Since a wrongful death claim is a civil suit, the results of a wrongful death claim are monetary
  • Depending on the specifics of the case, punitive charges may be awarded

But, there is a wrongful death cap in Oregon.

What Is The Oregon Wrongful Death Cap?

Oregon’s wrongful death cap means that within the state of Oregon, the non-economic damages awarded from a wrongful death claim may not exceed $500,000. But, for economic damages that arise from medical bills and funeral services – to name just two examples – the damages awarded may exceed $500,00 if the verified losses exceed $500,000. Punitive damages may also be awarded in specific wrongful death cases.

As of 2020, the non-economic damages that may be awarded from a wrongful death claim may not exceed $500,000. Noneconomic damages are defined as “subjective losses” that can not be measured monetarily. These are damages such as pain, distress, loss of companionship, loss of comfort; to name just a few examples.

A wrongful death claim will also lead to economic damages being awarded. Economic damages, in contrast to noneconomic damages, are damages that have lead to objectively verifiable economic losses. Medical bills, funeral services, and a verified loss of past or future income are three examples of economic damages that can be awarded in a wrongful death suit.

Punitive damages may also be awarded, but this depends on the case. As per Oregon Revised Statutes section 31.730, for punitive damages to be awarded, there must be clear evidence that the individual or entity who was liable for the wrongful death was malicious in their intent. Alternatively, if there is evidence that the individual displayed a conscious indifference to the health and safety of others, then punitive damages can be awarded.

The state of Oregon practices a modified version of comparative negligence. In a wrongful death claim, if the deceased individual or the individual making the claim was partly at fault for the wrongful death that took place, a wrongful death claim can still be filed. But, the awarded damages will be reduced, depending on just how at fault the deceased individual or individual making the claim was. If the deceased individual was 51% responsible, or more, then damages will not be awarded.

  • The Oregon wrongful death cap may not exceed $500,000
  • The economic damages awarded can exceed $500,000 if they are verified losses – medical bills, for example
  • Punitive damages may be awarded, but that is only if the individual or entity being held liable was intentionally malicious or consciously indifferent to the health and safety of others
  • Since the state of Oregon practices a modified version of comparative negligence, the damages awarded will differ depending on whether or not the deceased individual or claimant was at fault and just how at fault they were

law hammer close up

What Is The Best Way To Proceed With A Wrongful Death Claim?

The best way to proceed with a wrongful death claim is to organize and file the claim as soon as possible. A wrongful death claim may be filed no later than three years after the deceased individual’s final injury. Right after that, it’s important to organize the facts of the case and the damages being sought. Then, an experienced legal attorney should be hired, so that you will be awarded the damages that you deserve.

The state of Oregon’s statute of limitations for wrongful death claims is three years after the deceased individual’s final injury. Because of that, it’s a good idea to organize and file the claim as soon as possible.

Right after that, the facts of the case must be organized. Any economic and noneconomic losses must be recorded. When these facts have been organized, the next best thing to do is to hire an experienced legal attorney.

By hiring an experienced legal attorney, moving through the process of proving fault, establishing economic and non-economic damages, and being awarded the proper damages is much easier. Experienced legal attorneys understand the law, they know how to navigate wrongful death cases, and they know how to fulfill the necessary legal requirements that will allow your case to be a success.

  • The statute of limitations for a wrongful death claim is three years after the deceased individual’s final injury
  • Organizing and filing a wrongful death claim as soon as possible is ideal, due to the statute of limitations
  • The facts of the case and the damages being sought must be cataloged and organized
  • By doing this, you will understand your case, and the legal attorney that you hire will be able to understand your case

For a successful wrongful death claim, hiring an experienced legal attorney like Ryan Hilts is the best choice and will make the process so much easier.

Being involved in a car accident can feel frightening and overwhelming. First and foremost, in the event of an emergency, always call paramedics if you’re able, or take yourself or others involved in an accident to be treated for any injuries sustained in the accident. Even with accidents being commonplace on the road, many are still wondering, what happens after a car accident? While the situation may vary depending on the circumstances of the accidents, it’s important to know what to avoid soon after an accident.

car accident avoid these mistakes

If you’ve recently been involved in a car accident in Oregon, contact Ryan Hilts for personal injury representation. We offer guidance on how to address the following mistakes. For a free case review, send us a request here

Failing To Document The Car Accident

When you are involved in a car accident, it’s very important that you or someone else involved knows the details of the accident. When you file a claim, you’re going to need to explain the accident and what took place. If you’ve been injured, first seek medical attention, but try to enlist a witness to help you document for a later date.

Make sure that you or someone who witnessed the accident can:

  1. Take pictures of your vehicle, and any damage that is sustained
  2. Take pictures of the other person’s vehicle, and any damage that their vehicle sustained.
  3. If you were injured, or if there was any other property damage, you should also take photos.

This information will provide the basis for both a DMV Report and any kind of claim or lawsuit. Other items that you should always make note of after a car accident:

  • Record the date and time of the accident
  • Remember the road you were driving on or the address where the accident took place
  • Note the direction you were driving and the direction of the other vehicle involved
  • Pieces of information and details of how the accident took place

What happens after a car accident is that most people are temporarily distracted either by the shock of the accident or from injuries. Things tend to happen very quickly and it’s easy to forget minor, but still very important, details of the accident. For this reason, if possible, it’s best to utilize your phone to take proper documentation.

mistakes to avoid after a car accident

Driving Away

What happens after a car accident? You should call 911. Even if the car accident resulted in no injuries and very little property damage, it’s a good idea to call 911.

When you do that, the police will sometimes come and make a police report. Using that police report, you’ll have access to some very important documentation regarding the accident, which will make it easier to file a successful claim.

Waiting Too Long To File A Report

In the state of Oregon, if you were involved in a car accident where more than $2,500 worth of property was damaged, then you must file an Oregon Traffic Accident And Insurance Report within 72-hours. 

Not Seeing A Doctor

Unfortunately, injuries are a very common byproduct of car accidents. If you have been injured you should see a doctor.

While you’re seeing the doctor, a medical report will be created. If you have been injured, and you would like to file a claim, then you can use that medical report to aid in filing the claim. If an insurance company sees that medical report, and sees that your injuries are, in fact, serious, then they are far more likely to give you the compensation that you deserve.

oregon car accident lawyer

Throwing Away Items That Could Be Potential Evidence

Just as it’s very important for you to document and take photos of the car accident, it’s also important that you keep anything that could be used as evidence for a claim or lawsuit.

Failing To Organize Your Documentation

If you are filing a claim, it is extremely important that you organize all of the documentation you have. Make sure you have all of the basic facts written down and recorded, pictures that are labeled and organized, all of the pertinent insurance information, as well as any records from the doctor, your place of employment, your insurance provider, and the police station.

Without this information being properly organized, it will make the process of filing a claim a lot more challenging. Plus, if you hire an attorney, they will need all of that information organized, so that they can pore through it quickly, and determine the best course of action.

Filing A Claim Without An Attorney

Filing a claim – such as a personal injury claim – without an attorney can be very risky and time-consuming. More often than not, it really doesn’t pay off, due to the complexities and nuances of most car accidents and the intricacies of the legal system.

Instead of filing a claim without an attorney, you should contact a good attorney, who will walk you through the process of organizing all of your documentation, filing the claim, and then taking the claim to court and receiving the compensation that you deserve.

what to do after an accident

Accepting A Poor Settlement

More often than not, insurance companies attempt to pay as little money as they can get away with. But, you don’t need to accept a poor settlement. Instead, you can work to reach a settlement that is ideal for you.

To do that, it’s best to work with an attorney. Working with an attorney will make it easier to receive the settlement that you deserve, because the attorney will work directly with you and help you navigate the entire process. In fact, on average, individuals who file a claim while working with an attorney receive $60,000 more.

Motorcycle accidents can often result in severe injuries or death. When a motorcycle hits or collides with another vehicle it is usually the motorcyclist who suffers the catastrophes. Motorcycle riders are more unprotected when on the road than other types of motorists and suffer much more serious injuries and deaths when an accident occurs.

Due to the wet weather condition of Tualatin Oregon, highways are dangerous for motorcyclists because cars and trucks mostly face difficulties seeing motorcycles. The weather can also make it difficult for a car or truck to stop before hitting a motorcycle.

Many motorcyclists sustain serious injuries or lose their lives. Motorcyclists possess equal legal rights as car and truck drivers, but unfortunately many of them are wrongly judged by insurance companies predisposed to blame motorcyclists for the accident. It is important to hire an aggressive and knowledgeable motorcycle accident attorney who has had experience with motorcycle accident cases, and who will work to conquer those prejudices and get for you the compensation you duly deserve.

Ryan Hilts is a knowledgeable advocate for victims injured in motorcycle accidents. We have been representing motorcycle accident victims in and near Tualatin Oregon for years. Our duty is to ensure that when a motorcycle accident occurs as a result of the carelessness of another, the injured victim is compensated for his or her injuries, damages or losses.

Passengers who are also victim of motorcycle accidents in and near Tualatin Oregon should also seek the help of an Oregon motorcycle injury attorney. Ryan Hilts is an Oregon motorcycle accident injury attorney who can help you with all aspects of your case.

If you or someone you love has been injured in an auto accident please do not hesitate to contact Ryan Hilts now

Ryan Hilts and his staff have successfully handled hundreds of auto accident cases and are dedicated to helping you achieve the best possible outcome for your specific case.

Insurance companies try to settle cases as quickly as possible and for as little as possible. While it may seem a bit unethical, the business of insurance is to collect more in premiums than to pay out in claims.

Ryan is a top accident attorney in all of Oregon and is known by the insurance companies to take a case to trial if that is in your best interest. Knowing this, the companies are much more likely to offer a fair settlement to put the case behind them.

There are over 12 million auto accidents a year in the U.S alone (over 3000 per day) involving over 20 million vehicles. Five million of those accidents result in some sort of injury.

The U.S. Department of Transportation estimates the typical driver will experience 1 or 2 near accident misses each month. Even the very best drivers are sometimes at the mercy of inexperienced or distracted drivers.

If you do find yourself in the unfortunate position of being injured in an auto accident, contact Ryan Hilts for a free consultation.

Ryan Hilts has handled many auto accident cases that happened near Sandy, Oregon. If you have been involved in an accident Ryan Hilts can help you get full compensation. Please feel free to contact us if you would like a free consultation. There is no fee unless we win your case.

South Portland personal injury attorneyWhether you are injured in a car accident or in an incident at work, you can count on a personal injury attorney south Portland Oregon. A personal injury lawyer Portland Oregon will ensure that you get back on your feet financially as soon as possible.

They will help you win the case so that you can purchase the things that you need – without having to dip into your savings. We understand that you need time away from stress to heal effectively. That’s why every attorney that we employ makes the process as easy as possible. He will do the tough work for you so you can focus on making a full recovery.

Every personal injury attorney south Portland Oregon on our website has received incredible feedback from clients. We know that you will be another happy client. We will help you get the money you should be compensated for your injury.