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Premises Liability Oregon

Thousands of personal injury cases are brought forth every year in the state of Oregon. Many of these personal injury claims are filed due to injuries that took place on another’s property as a result of negligence. They can occur at either a place of business or on a person’s private property. Understanding premises liability Oregon cases can help ensure you get closer to the settlement you deserve. These cases are known as “premises liability cases.” They can include:

Premises liability laws are based on common law and statutory principles of negligence. Under Oregon law, property owners, managers, business operators, and others that are in control of general property have a legal obligation to maintain safe premises. If they don’t and someone is injured due to unsafe conditions, the property owner can be held responsible.

oregon premises liability

What Is Premises Liability?

Most of the personal injury claims filed in the United States are filed due to the negligence of a particular business or individual. Most of these injuries take place on a piece of property that is owned by a business or individual. For these personal injury cases, there is a concept known as “premises liability”, which refers to the unsafe conditions on someone else’s property and the legal obligations of the owner or manager to keep that property safe. If the owner or manager fails to adhere to these guidelines, and someone is injured, a lawsuit can and should be filed.

In the United States, most personal injury claims are filed due to the negligence of a particular business or individual. Many of these personal injury cases take place on a property that is owned by a business or individual who neglected to make the property as safe as possible.

For these personal injury cases, there is a legal concept known as “premises liability”. Premises liability is, essentially, a legal concept that refers to unsafe conditions on someone else’s property and the responsibility of that individual to keep their premises safe. In the United States, every landowner has an obligation to make sure that property is as safe as it can be. But, if that doesn’t take place, then a premises liability lawsuit can be filed, due to the unsafe conditions found on a property and the injuries that they have to lead to.

A wide variety of different personal injury cases can fall under the premises liability label. Slip-and-fall cases, for example, as well as swimming pool accidents, elevator accidents, and even dog bites. Each type of personal injury, within the cases outlined, is caused by an unsafe condition on someone else’s property that should’ve been dealt with.

Even if you, or someone that you know, was injured on another person’s property, that doesn’t necessarily mean that your premises liability lawsuit will succeed. For a premises liability lawsuit to succeed, it must be shown that the owner knew about the unsafe conditions – or should have known, within reason – and chose to do nothing. But, if that can’t be proven, then the premises lawsuit will, most likely, be unsuccessful.

premises liability injuries

Seek Representation for Premises Liability Oregon Injuries

A premises liability case greatly depends on proving that the property owner was truly negligent and, in turn, responsible for your injuries. Without this proof, your case will not succeed. By hiring a good lawyer, the process of proving your injuries, the negligence that took place, and who was liable for your injuries is much easier.

For a premises liability case to succeed, it must be shown the property owner was truly negligent and, as a result of that, responsible for your injuries. Without this proof, your case will not succeed and you won’t receive the compensation that you desire. But, if you hire a lawyer, the process of proving this negligence is significantly easier, and it’s far more likely that your case will succeed.

On a general level, there are three things that must be proven in a premises liability case. The first of these three things is that you were injured due to unsafe conditions on someone else’s property; the second of these three things is that the property owner was negligent in keeping their property safe, and the third of these three things is that you were actually injured. If you can’t prove just one of those three things – even if you can prove the others – then your case will not succeed.

Let’s say that you were in a slip-and-fall case—slip-and-fall cases are the most common personal injury cases in Oregon—at the gym. For your case to be successful, you must prove that you were injured. By hiring a lawyer, this is easier, since a lawyer will help you take photos, gather medical records, and even witness testimonies. That way, you can prove to the court that you were injured.

Right after that, your lawyer will then help you organize the facts of your case. With regards to the slip-and-fall example, they will help narrow down the details such as the circumstances of the accident and how the accident took place. That way, you and the court will know that the accident took place due to conditions that were unsafe. By hiring a good lawyer, all of this information will be clearly organized and delineated, making it easier for you to present the facts of your case in an objective manner.

For your premises liability case to truly succeed, it must be shown that the property owner was negligent in their duties to keep the gym safe. A good lawyer will be aware of Oregon’s laws and statutes, allowing for negligence to be proven based on the facts of your case and the laws regarding the situation at hand. Then, all of this information will be organized and delineated in a manner that allows for your case to be presented clearly and concisely.

Since all of your case’s facts are well-organized and can be presented eloquently, it’s far more likely that you will win your premises liability case. But, along with that, a good lawyer will help you negotiate a settlement that is fair, based on the facts of the case and factors such as medical bills and lost time at work. Without a lawyer, though, these facts may not be as clear-cut or well-defined, leading to a settlement that is far less than what you deserve.

premises liability oregon

What Are Some Common Mistakes That Are Made Without A Lawyer?

The best thing for you to do when beginning a premises liability case is to hire a lawyer. It’s more likely that mistakes are made without the help of an experienced Oregon injury attorney. By making these mistakes, your case has a much lower chance of succeeding, and it’s unlikely you will receive the settlement that you deserve.

For a premises liability case to be successful, the facts of the case must be well-organized and well-defined. If these facts are not well-organized or well-defined, it is so much more difficult for your case to succeed, due to confusion and uncertainty regarding the facts.

Many of the individuals who fail to hire a lawyer find themselves in that exact position. Due to not fully understanding their case, and how it pertains to Oregon’s laws and statutes, their case is disorganized and they fail to receive the settlement that they deserve.

Personal Injury Case Outcomes

In a personal injury case—not just a premises liability case—it isn’t uncommon for an insurance company or business to pay as little money as they can. Without hiring a lawyer, it’s far more likely that this will happen, and it’s also far more likely that you will accept this settlement. But, by hiring a lawyer, you will be able to know the true value of your premises liability case and the exact settlement that you deserve.

The last problem that must be mentioned is the fact that, in a premises liability case, negligence must be proven. If it isn’t proven, then the case won’t succeed. The people who don’t hire a lawyer can easily find themselves in a situation where they can’t prove that negligence took place or that the circumstances leading to the injury were caused by negligence. This is often due to a lack of understanding regarding Oregon’s laws and statutes, as well as the facts of the case being disorganized.

Regardless of your premises liability case, hiring a lawyer is always the best choice. Your premises liability Oregon case has a much higher chance of success with representation from a reputable injury attorney.

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What Happens After a Car Accident

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.

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Pedestrian Accidents FAQs

If you have been a victim of an accident or know someone who has, it’s important that you understand your situation and seek legal advice when necessary. There are many reasons individuals who have been involved in a pedestrian accident might seek representation from a personal injury lawyer in Oregon. For one, it’s important that you take steps in holding at-fault parties responsible for the negligence that resulted in a said pedestrian accident.

With the rising popularity of smartphones and larger cars, pedestrian accidents have become all too frequent. Still, many find that navigating the legal system can be complex and even overwhelming. Here are some helpful pedestrian accidents FAQs that may help to point you in the right direction.

getting hit in a crosswalk

What Qualifies As A Pedestrian Accident?

Both drivers and pedestrians have a duty to follow the rules of the road and exercise reasonable care. A pedestrian accident is an accident involving a pedestrian and a motor vehicle, bicycle, or even a horse. For example, if you are hit by a car while on foot, that would certainly qualify as a pedestrian accident. However, qualifying as a pedestrian accident doesn’t necessarily guarantee that a plaintiff (pedestrian) is automatically awarded compensation by the operator of the vehicle (defendant). In fact, during a pedestrian accident, the person on foot must prove that the defendant was at fault for negligence in some way, such as:

  • Speeding
  • Distracted Driving
  • Failing to Yield to Pedestrians at a Crosswalk
  • Disobeying traffic signs or signals
  • Failing to signal while turning
  • Disregard for traffic conditions
  • Driving under the influence

What Are The Most Common Pedestrian Accidents?

The most common pedestrian accidents occur during three events:

  1. A driver is distracted while operating their vehicle
  2. Driving while intoxicated
  3. Pedestrian is walking along a crosswalk before the signal

There are other pedestrian accidents that are known to happen, but those are the three most common accidents. Each one of these has a different outcome, as the person at-fault may change depending on circumstances.

avoiding pedestrian accidents

What Are The Pedestrian Traffic Laws For The State Of Oregon?

As a pedestrian, there are several traffic laws that you must obey. If there is a car approaching the road that you are about to walk across, they have the right-of-way and you need to let them pass. When you are using a crosswalk, you must obey the traffic control signs, and the same goes for any other road signs or signals. If there is an emergency vehicle, it has the right-of-way, and you must let them pass.

When you are walking near a road, you must use the sidewalk/pedestrian path.

What Should You Do Right After You’re Injured In A Pedestrian Accident?

One of the most common pedestrian accidents FAQs is what to do. If you’re injured in an accident, there are important steps you should take if capable. For example, you should follow a step-by-step process to ensure proper documentation:

  • take pictures of the accident
  • document your injuries
  • take pictures of the vehicle that hit you
  • get the license plate of the vehicle.
  • document eyewitnesses

If your injury is serious and you’re unable to take notes on your accident, it’s important to ask for assistance. Police can help aid in your case, or other witnesses that may have seen the accident occur and can testify on your behalf. You’ll want to file a report both with the police and DMV as soon as possible.

pedestrian accidents faqs

If I’m Injured, Should I Wait To Seek Medical Attention?

Do not wait to seek medical attention. You should visit your primary care doctor, urgent care, or hospital as soon as you can and depending on the severity of your injuries. If you’ve been badly injured, you should go to an emergency room.

When it comes to filing an injury claim, it’s important to receive medical documentation of your injuries as soon as possible, since that will make it easier for you to prove in court, and to your insurance company, the sheer extent of your injuries.

If You Are Injured In A Pedestrian Accident How Can You File A Claim?

This is an important pedestrian accident FAQ. Please ensure that you know how and where to file a claim for your injuries. In the state of Oregon, to file an injury claim you must go to your local DMV and file an Oregon Accident and Insurance Report. In this report, you’ll describe the accident that took place and the injuries that you’ve sustained.

When you’ve done that, you need to write down what you remember about the accident, and you also need to gather up any documents that you have. Ideally, these documents will be pictures, so that the insurance companies- and your attorney – understand what happened.

When you’ve done all of those things, you should hire a good attorney who will help you with your case and direct you on what your next steps are.

Why Is It Important To Hire An Attorney For A Pedestrian Accident Case?

Cases involving pedestrian accidents can be difficult due to the myriad of factors that must be considered. Factors such as establishing who was at fault for the accident, whether negligence took place, the damages that have been created, the compensation that you should be receiving, as well as various other factors.

An attorney will guide you on the proper course of action to make the entire process less stressful, while also making it far more likely that you’ll win your case and receive the compensation that you deserve.

getting hit as a pedestrian

What Is The “Statute Of Limitations” For Filing A Personal Injury Claim?

Statute of Limitations is probably the most common and important of pedestrian accidents FAQs. Please take note. In the state of Oregon, you have two-years from the day you were injured to either settle your claim or file a lawsuit. However, it’s best to contact an attorney as soon as you can, rather than waiting until the last minute. There are other time limitations for cases against public bodies and cases involving the defendant drinking at a bar. An attorney will know how to meet all the appropriate deadlines.

What Damages Are You Able To Receive Compensation For In A Pedestrian Accident Lawsuit?

In a pedestrian accident lawsuit, you are able to receive compensation for:

  • medical bills
  • lost wages as a result of the accident
  • compensation for pain and suffering

The compensation that you will receive depends on the claim that you are making, as well as the damages that took place.

Who Is Ryan Hilts?

Ryan Hilts is an experienced and well-regarded attorney who specializes in personal injury law for the state of Oregon. If you, or anyone you know, have been injured in a pedestrian accident, then Ryan Hilts can help you take your claim to court, so that you are able to receive the compensation that you deserve.

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Eugene Bicycle Accident Attorney

With a population of just over 170,000, Eugene is situated on the Willamette River. Home to the University of Oregon, this northwest Oregon city naturally attracts bicycle enthusiasts. If someone caused you to be injured while riding your bicycle, you should protect your rights and seek a Eugene bicycle accident attorney.

eugene bicycle rights and laws

Initiated by the League of American Bicyclists, this designation recognizes bicycle-friendly cities. It is their way to highlight which American communities are supporting and promoting bicycling as a healthy, economically, environmentally transportation alternative.

There are five levels of the BFC award: diamond, platinum, gold, silver, and bronze. To be awarded gold, Eugene demonstrated that it caters to all types of bicyclists from the daily commuter to recreational cyclists to competitive roadie of all ages.

Recently, Eugene has built three new bike bridges with plans for three more. They are also experimenting with bike-specific signaling at intersections so that cyclists are safe as they move across lanes.

Eugene has also started to add more protected and buffered bike lanes. A two-way protected bikeway is expected to connect the University of Oregon to downtown Eugene.

Safe Biking Events

Eugene Bicycle Accident Attorney

Most cities have safe routes to school. Eugene treats the recruitment of kid cyclists as critical. The city employs three full-time safe routes school coordinators. 

Throughout the year, regular ongoing and single event activities provide opportunities for cyclists to get together.

On the last Friday of the month, Breakfast at the Bridges celebrates the camaraderie of path users, commuters, and new riders. They are encouraged to grab a quick bite, have a coffee, meet City staff, and find out more about cycling in Eugene.

The Smart Cycling Social Ride provides an introductory cycling safety class.

The Knickerbocker Bridge event welcomes walkers and cyclists. Hosted partly by the University of Oregon Outdoor Program, this initiative strives to keep the river trails. The event ends with a Volunteer thank you party at Mat Island Park.

Eugene Bike Routes

Eugene offers a temperate climate and a plethora of beautifully manicured bike paths. Along the many scenic routes are bicycle repair shops, bike retail stores, and rental establishments.

There are so many Eugene bike paths that you will have trouble choosing. Pick up a bike route map available from the city of Eugene.

The Covered Bridges scenic bikeway is a favorite of locals and tourists.

eugene cycling injury attorney

If you want a more ambitious bike route, why not try a multi-day trip through Willamette’s farmland? Mountain biking on week-ends with a group is popular. Try the Mackenzie Trail or the O’Leary Bridge Trail. For more information, go here.

Bike Safety

Cyclists in Eugene take bike safety seriously. They warn cyclists: 

  • Always wear a helmet.
  • Wear reflective clothing. 
  • Use lights at night.
  • Make sure your bike is in top working order.
  • Whenever possible, cycle in a group. 
  • Always carry a cell phone.
  • Practice bike safety, obeying traffic rules.

The Oregon Department of Transportation runs a Bicyclist Safety Program. Its aim is to promote safe riding, thus reducing the number of cycling deaths and injuries.

GEARS, The Greater Eugen Area Riders offer Confident Cycling classes all year round. The cost is very low cost. Confident Cycling classes teach the laws of safe cycling. They also discuss the skills and techniques for confident riding. Ride safely is stresses. The course also deals with state laws and bike riders. Bicycle safety checks are done. First-aid for bikes covers how to fix a flat tire, safe bike riding skills, and techniques for avoiding crashes. The nine-hour course is recommended for cyclists fourteen and up.

Cycling Accidents

The number one Eugene residents give for not continuing to cycle to work or for recreation is a danger.

Eugene Bicycle Accident lawyer

In San Francisco, the biggest danger to cyclists is being “doored”. Note that this doesn’t occur in all biking communities. Car owners open doors into a cyclist everywhere. But, in San Francisco, it is the biggest cause of cyclist death and injury.

How about in Eugene? Compared to the average American city, there is a higher percentage of cyclist deaths in Eugene. But that isn’t because Eugene cyclists are more careless or Eugene drivers are more dangerous. It is because per capita, Eugene has more people on bikes. If you look at a national average, Eugene is a safer place to cycle than the national average—by a significant margin.

Eugene residents who have chosen not to bike see accident rates as increasing. Actually the rate has remained pretty constant. But residents have a perception of danger. There is no research to back their fears. It’s media coverage. It’s anecdotes about friends or family members who have had accidents.

Your Cycling Rights

Just because other vehicles are bigger, faster, or more powerful, it doesn’t mean they can ignore cyclists’ rights.

bicycle injury lawyer

As a cyclist, you are expected to follow the rules of the road. You are also expected to take safety precautions like a helmet, reflective gear, a well-maintained bicycle, and lights.

While you are not allowed on freeways, you have a right to share the road with other vehicles. Cyclists have the legal right to ride in the center of the lane when that is the safest spot. 

If you are cycling past a parked vehicle, you have the right to expect that passengers will look before they open the vehicle door. Failure to do so may result in their being fined for being careless.

Bicycle lanes are only intended for cyclists. Motorists can be fined for driving or parking in bicycle lanes.

When riding on shared paths and through parks, you are expected to give pedestrians the right of way.

What to Do if You are Injured

Bicycle accidents can result in serious injuries to the head, neck, and spine. They can cause broken bones, internal injuries. Bikers have even lost limbs, or been paralyzed in bike-automobile accidents.

bike lawyer eugene oregon

Bicycle accidents in Eugene cases may be very complicated. That’s why you need an attorney who specializes in representing the unique needs of cyclists.

If you have been injured in a cycling accident, it’s time to think about hiring a Eugene bicycle accident attorney. You need a lawyer like Ryan Hilts who specializes in protecting the rights of cyclists. If you have been injured in a cycling accident, your first call should be to Ryan Hilts.


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Oregon Auto Insurance Laws

Oregon is a state famous for its rapidly changing weather. This is not often good news for its drivers. Unpredictable weather conditions can spell white-knuckle drives. 

Unfortunately, some Oregon drivers have become so accustomed to precarious driving conditions that they have become complacent about the need to exercise caution. The most common cause of Oregon vehicle accidents, according to Oregon auto insurance data, is drivers moving too quickly for road conditions.

It is vital that, as an Oregon driver, you have sufficient auto insurance coverage. Failure to do so could result in license suspension, hefty fines and/or vehicle confiscation.

oregon auto insurance laws

Motor Vehicle Insurance in the State of Oregon

It is important that you have a at least the minimum of coverage specified by the state. According to Oregon law, you must carry no less than

  • Uninsured motorist coverage of $25,000/person and $50,000 per accident.
  • Personal injury protection of $15,000 a person.
  • $25,000/person and $50,000 per accident bodily harm Injury coverage.
  • Property damage coverage of $20,000 per accident.

Personal Injury Claims in Oregon

Personal injury protection insurance in Oregon is a minimum of $15,000. This covers the costs of reasonable and necessary medical, dental, and related expenses as a result of a vehicle accident.

insurance laws in oregon

Who is at Fault for an Accident in Oregon?

Oregon Auto Insurance Laws outline that the state is a fault plus personal injury protection jurisdiction. The insurance is kind of a no-fault/fault combination. This will determine whose insurance pays for which claims.

The auto insurance laws in Oregon mostly follow a “fault” system. The driver considered legally at fault for causing the accident by the investigating law enforcement officers is legally responsible for paying for all damages caused by the accident. 

It is important to know that the at-fault driver’s insurance is not a bottomless pit. It will pay only up to the amount for which the driver is insured. Oregon sets a minimum coverage. Drivers are encouraged to insure for amounts greater than the minimum. Should damages exceed the driver’s insurance coverage, then the driver who was deemed at-fault in the accident is personally responsible for the balance of the damages.

Now, let’s look at the “no-fault” part of Oregon’s automobile insurance. Drivers must carry a minimum amount of personal injuries. This covers your injuries during the first year after the accident. Oregon insurance law will allow you to bring a lawsuit against the at-fault driver. You can do this before your personal injury limits have been reached.

personal injury protection oregon

Does this sound complicated? Let’s look at an example:

A Portland driver was on 205N. Traffic forced this woman to come to an abrupt stop to avoid ramming vehicles in front of her. Unfortunately, the driver following her was not as quick to react. He braked hard and swerved. His car rear-ended hers.

The woman underwent treatment for her injuries but was not making a quick or full recovery.

An MRI revealed that she had herniated disks and needed back surgery.  Faced with these costs, the woman contacted an Oregon law firm that specialized in personal injury cases.

The attorneys got her the full amount allowed by the other driver’s filed a claim against her insurance company for the limit on her personal injury. Eventually, she was able to claim expenses totaling $150,000 from the fault and no-fault part of her and their insurance.

Insurance claims can be complicated. In order to ensure you get the compensation you need and deserve, it’s important to make sure you have a good attorney who specializes in personal injury insurance claims.

Not all Personal Injury Cases Go to Trial

If you are concerned that your personal injury case might be held up in the courts for months or even years, you should know that not all cases go to trial. There are three other ways you might receive compensation in an Oregon personal injury accident case.

That’s why it is vital to hire an Oregon personal injury lawyer. He/she will help you understand your options and guide you through the personal injury claims process. 

In Oregon, it is common for cases to be settled by negotiation, mediation, or arbitration, thus avoiding the time, labor, and cost of a trial.
Before the arbitration begins, both sides either agree to abide by the arbitrator’s decision or not. In some cases, the arbitration is just a way to get the arbitrator’s view before the trial, to let the lawyers get a sense of how the trial would progress. In most cases, however, the two parties will agree that the arbitrator’s decision is binding.

Why is it wise for all parties to consider other alternatives before going to trial?

Trials take a long time. That means the claimant may wait for months or years for the compensation he/she needs. Not only that, trials are very costly for all parties. Therefore, most cases are settled before a trial is the only alternative. 

If a case goes to trial usually personal injury attorneys receive a higher percentage of claims that are awarded. They must be compensated for their increased time spent on the case if it goes to trial. 

While there is often a bigger settlement if a case goes to trial, the time and expense thus incurred is often not worth it. There is also the possibility that as a claimant you could lose or receive lower settlement than was offered in negotiations, mediation, or arbitration. This is just another reason it is critical to hire a competent and experienced personal injury claims attorney.

Statute of Limitations for Personal Injury Claims

Personal injury claims have a deadline for submission. This is called a statute of limitations. In the state of Oregon, personal injury claims must be submitted no later than two years from the date the injury was sustained. In the case of a wrongful death suit, this must be submitted no later than three years after the date of the accident.

oregon insurance claim

Damage Caps in Oregon

Damage caps set a limit on the amount of compensation that a victim can receive in a civil court suit from a personal injury claim. Many states have damage caps. Oregon is one of them. Oregon has a $500,000 limit on personal injury claims. This does not include loss of work and other economic damages which may result from a personal injury.

Seek an Oregon Personal Injury Attorney

Before you file a personal injury claim as a result of an automobile accident where you were not at fault, be sure to consult an Oregon attorney who specializes in personal injury claims. If your lawyer feels you have a legitimate claim he/she will file your case with the Oregon court system.

When dealing with personal injury claims it is crucial to have the services of a law firm that specializes in personal injury claims. Your lawyer will work with you to establish fault and what damages can be claimed. When it comes to making sure you get fair treatment in Oregon Auto Insurance Laws, contact Ryan Hilts Law. For a free consultation or to set up an appointment.

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Driving Uninsured ORS

Driving Uninsured in Oregon

There is no reason to risk driving uninsured in this day and age. Getting insurance for your vehicle should be an utmost priority. The consequences of failing to get insurance for your car can be very costly in the long run, especially in states like Oregon.

Oregon is one of the 22 states that electronically monitors vehicles in order to verify their registration and insurance status. Each state has varied penalties for driving uninsured, but Oregon’s penalties are among the highest.

Oregon Car Insurance Law

In accordance with Oregon’s Department of Transportation, all drivers within the state are required to present proof of liability insurance when they register their vehicle. Oregon goes further than just requiring drivers to have insurance, like most states, they require vehicle owners and drivers to maintain certain types and amounts of insurance coverage. Every state insurance standard is different, but Oregon’s are among the strictest.

Oregon State’s Car Insurance Standards:

Oregon law requires these minimums in insurance coverage:

  • Bodily Injury: $25,000 per person and $50,000 per accident
  • Property Damage: $20,000 per accident
  • Personal Injury Protection: $15,000 per person
  • Uninsured Motorist Coverage Bodily Injury: $25,000 per person and $50,000 per accident

What Instances Require Proof of Insurance in Oregon?

License Suspension ORS

Apart from accidents such as a collision, there are many other times in which Oregon requires drivers to show proof of insurance. Any time you are stopped by police in Oregon you are required to provide your registration and proof of insurance. This would be for any police checkpoint or any other minor infraction you may be pulled for.

Types of items that prove you have insurance can change from person to person, but these are some of the things that you may show in order to prove insurance ownership:

  • A current insurance ID card
  • A current insurance binder or policy
  • A signed letter from your insurance provider or agent, on company letterhead
  • A certificate of self-insurance from the Oregon Department of Transportation

What Happens if You Fail to Provide Proof of Car Insurance?

Oregon has some severe penalties if you are unable or do not have proof of insurance. The law says failure to provide coverage is equal with a class B driving violation. These violations are the same as if someone had exceeded the speed limit over 21 to 20 mph or fails to obey a traffic signal. The penalties associated with this are hefty fines which can be up to $1000 and even can lead to a suspension in your license. Just like getting a ticket these violations can add up to even bigger fines and longer suspensions in the future.

Fines for Driving Uninsured ORS

The fine for driving uninsured ranges from a massive $1000 to a $130 slap on the wrist. Like most tickets the fine changes based on the situation in which you were caught without coverage. A minor speeding infraction would show a lower penalty than if you were caught without insures after running a red light or caused a traffic accident. These fines are always situational and can vary depending on how many time you have been pulled over as well.

Note: If you are required to go to court, the court may decide to impose heavier fines.

Oregon’s Presumptive Fine Option

Oregon insurance

In most cases, people take the presumptive fine option in order to resolve the violation. This option shows you have decided to enter a Plea of No Contest meaning you acknowledge you were at fault and will not need to go to court to plead your case. The fine when you take this option requires two things:

  1. You will send a written explanation to the court
  2. Pay a flat fee of $260

Note: In some cases, the court may that the presumptive fine option is not enough, often because of the seriousness of the accident or insurance violation, This may require you to show your presence in the court and pay a higher fine. Going up to $1000.

Suspensions for Driving Uninsured in Oregon

Fines are not the only form of punishment Oregon has for driving without insurance. Like many other states, call B driving violations can lead to suspension of your license, and Oregon is no different. The time of the suspension can vary from situation to situation. The max suspension can be up to a year and can be applied even if you didn’t directly cause the accident.

Depending on the severity of the situation you could be facing a $1000 fine, suspension of your license up to a year, and the impounding of your vehicle.

How to Reinstate Driving Privileges in Oregon After Being Suspended

Insurance Oregon Driving

After you have served your suspension time in Oregon you can start the process of applying for your license again. Before you do anything else your insurance company will need to file an SR-22 which will be proof of you having insurance and be considered evidence that you can provide financial responsibility in the future. The SR-22 has to be maintained for the 3 years without defaulting of any kind. If at any point during these 3 years it defaults your license will be suspended again and you will need to start this process all over again.

With the SR-22 that is filed with your insurance company, you will have to pay a $75 fee to Oregon. This fee is a reinstatement fee and its used to file all the proper paperwork and get you a new license.

If your car was impounded the next step would be to recover your vehicle. The first step will require notice from the police officer that ordered the impoundment of the vehicle. By law, they must send within 48 hours a release notice to both you and the impound lot. This will add additional fines such as a storage fee, for the time your car was heald, and a towing fee, of course, to pay for your car being towed. There also may be some impoundment administration fees. The grand total will be found on that notice sent by the officer.

Monthly Verification

To help prevent drivers from continuing to not having insurance in Oregon, their Department of Transportation has implemented an insurance verification program. This program is for those who have already had a suspension and have filed the SR-22. This monthly verification is part of that 3 year period which you are not allowed to have your insurance lapse. If it does your license will be suspended again.

This monthly verification works by requiring you to submit proof of compliance (a receipt that shows you are paying and maintaining coverage since recovering your car and license).

Note: if you fail to make premium payment quickly, there is a likelihood that your insurance company could end up canceling your policy and SR-22. In the end, your license will end up being re-suspended, until it’s done right.

Conclusion

Although Oregon is restricted on its insurance policies it is not the only state which views drivers insurance as a necessity. Driving uninsured in Oregon can be time-consuming and costly. With all the fines and potential of suspension, one would think it would be easier just to have insurance. It pays to have coverage, and if you follow the insurance coverage Oregon requires, and that was laid out above you can stay on the open road with peace of mind.

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Car Accident with No Insurance in Oregon

There are many drivers in Oregon who don’t have car insurance. Here’s what you need to know if you’re involved in an accident and the other driver didn’t have insurance coverage.

Oregon No Insurance Car Accident

Oregon is a “Fault” Car Accident State

Like most states, Oregon is a “fault” car accident state.

This means that whoever is found to have caused the accident is responsible for any harm that results.

Penalties for Driving Without Insurance

If a driver is driving without insurance in Oregon there are fines that can range to thousands of dollars, their license can be suspended, their vehicle towed, and convictions can result in having to file proof of insurance with the DMV for three years.

No Pay, No Play Rule

Oregon is also a state with a “no pay, no play” rule.

If you do not have auto insurance at the time of an accident and if you’re struck by another motorist, you are limited in what you can recover.

You cannot collect “non-economic” damages like pain and suffering. However, economic damages such as medical bills and lost wages will be covered. There are also exceptions to this rule which allow for recovery of non-economic damages, including the defendant driving while intoxicated or driving recklessly.

Oregon Accident Automobile

If you’ve been struck by an uninsured driver you’ll likely want to retain a personal injury lawyer.

The personal injury lawyer can review the facts of the case, collect information and support for the damages you’ve suffered and build a case against the Uninsured Motorist Coverage policy.

No Car Insurance Oregon Accident

What to Do if You’ve Been Struck By an Uninsured Motorist in Oregon

If you’ve been involved in an accident, the first step is to call the police and exchange insurance information with the other driver.

As with any accident, but especially when dealing with an uninsured driver, you’ll want to collect hard copies of as many facts of the accident and subsequent damages as possible. Medical bills, visits with therapists, counselors, physical therapists, and other service providers, lost wages from work and any evidentiary support that can be used to collect damages.

Finally, you’ll want to retain a personal injury lawyer to review the case and assess what you’re entitled to. All Oregon Insurance policies contain Uninsured Motorist coverage. This means if you are struck by someone who is uninsured, you have insurance coverage through your own policy.

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Oregon Auto Insurance Claim Laws

Oregon is a “Fault” State

In Oregon the at-fault insurance company will cover pain and suffering, loss of wages, vehicular damage, medical bills, counseling and more.

You Must Report An Accident Within 72 Hours

The first step you must take after being involved in an accident is to report it. You’ll need to notify the Department of Transportation within 72 hours of the accident. This is found in the Oregon Revised Statutes, Section 811.725. At that time, you’ll also provide evidence of insurance and other necessary forms as required.

A Statute of Limitations Applies to Accident Cases

A statute of limitations relating to personal injury in Oregon applies here. If you’re filing a lawsuit relating to personal injury from an accident, you must do it within two years. If you don’t meet this deadline, you’ll lose the ability to sue.

The Insurance Company Does Not Choose Where You Get Your Vehicle Repaired

During negotiations and proceedings with the car insurance company, they may strongly imply that you must get your car repaired at a shop in their network. Please note that this is not true, and while you can work with a preferred shop of theirs if you are so inclined, you ultimately have a say in where your car is repaired.

What Minimum Coverage Policies Mean For You

In Oregon, you must carry minimum coverage of $25,000 per person, $50,000 per claim with your insurance.

This ensures that if you get into an accident, your insurance company will pay out up to $25,000 per person injured in the other car, with a maximum of $50,000 paid out to any occupants for the accident. However, if you’ve ever been in a serious accident you know that $25,000 doesn’t usually cover a car repair or replacement, medical bills and loss of wages.

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Oregon Pain and Suffering Law

It’s always a challenge to deal with the aftermath of a personal injury, and the last thing most people want to handle is the legal situation regarding reimbursement and other payment. Fortunately, the state of Oregon has quite favorable laws in this area, and there’s one particular concept which can really help: pain and suffering.
Oregon Pain and Suffering Law

Definition of Pain and Suffering

Pain and suffering can be broken into two categories:

  • Physical – actual pain in your body
  • Emotional – psychological ailments which occur in your mind

It’s possible to file an insurance claim for these, but they aren’t the only compensation you may receive.

This amount is separate from lost wages and other medical expenses, such as x-rays, medications, and hospital visits.”

Oregon Pain and Suffering Law

The law is designed to compensate injury victims for various purposes. In this case, the payments are made in the form of damages, and they are easily explained in the following quote:

In general, damages are money awarded to a party in a civil lawsuit for any losses or injuries that are caused by others.

Here are some examples of economic damages:

  • Charges for medical and rehabilitation procedures necessary because of the injury
  • Loss of income due to the injury
  • Costs due to the loss of property because of the accident
  • Damage to a reputation (which will result in monetary loss)

Here are some examples of non-economic damages:

  • Physical and mental pain
  • Emotional stress
  • Humiliation and reputation damage

Oregon Economic and Nonecomoic Damages

Oregon Economic and Noneconomic Damages

Pain and suffering must be proven to be as a result of the accident, but there is no standard way to calculate it.

The degree of pain and suffering an individual experiences can vary greatly from person to person.

You will be required to prove that whatever pain and suffering you have was caused by the accident, and you will need to have appropriate documentation and testimony to prove that.

Oregon Limitations on Pain and Suffering

There are multiple aspects of the Oregon laws which place restrictions on pain and suffering damages, so you need to be aware of these as early as possible.

  • Time: There is a specific time limit in which you have to file your lawsuit.

In Oregon, the statute of limitations for personal injury cases gives an injured person two years from the date of the injury to go to civil court and file a lawsuit. (Ore. Rev. Stat. section 12.110(1)).

  • Caps: There are limits to the amount of the damages you can ask for.
  • Shared Faults: If it can be argued that you shared some of the fault for the accident that happened, this can be used against you (and it may reduce the amount of the damages accordingly).
  • Government: If your claim is against the state government (or an employee), then different rules apply. For example, you only have 180 days to file a Tort Claim Notice – not 2 years.

How To Calculate or Measure a Pain and Suffering Settlement:

Economic damages are easier to calculate than non-economic, but there are methods to determine both types.

To calculate economic damages, you just need to have proof. You can show medical bills, the amount of salary you would have been paid for working those days, and similar information.

Non-economic damages are more complicated.

There are a number of approaches that insurance companies take when calculating pain and suffering as part of an injury settlement.

It’s a good idea to keep any receipts and bills you have because of your injury. Here are some examples of what are commonly used:

  • Medical bills
  • Prescription documentation and receipts
  • Proof of lost wages
  • Photos/medical reports about injuries

In general, the more you can provide, the better.

Why Ryan Hilts Is The Right Attorney For You

Insurance companies are experts at fighting these claims, so it pays to have an experienced and understanding lawyer by your side.

The process of filing a claim for pain and suffering in Oregon gets more complicated based on the severity of the injury, but it is never an easy one to do. I’ve helped countless people through this difficult time, and they were able to get back to things that meant the most to them in their lives – with an appropriate amount of compensation.

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What to do if you get into a car accident in Oregon?

What To Do in A Car AccidentBeing involved in a car accident is something that we all hope to avoid, but it can, unfortunately, happen to anyone. To be on the safe side, it’s best to be prepared in case you find yourself in such a bad situation.

Do you know what to do if you get into a car accident in Oregon? Follow these pieces of advice, and you’ll be much better off.

Remain Calm

The first thing you should always do, no matter how serious the accident is, is to not panic. You or the people you care about could be injured, and you’ll need to be thinking clearly to help. Even without injuries, minor mistakes can cost a lot of money or legal trouble down the road.

Don’t Leave

This one is fairly obvious, but driving away from an accident is one of the worst things you can do. No matter how severe the accident or who’s to blame, you have to stop and assess the damage with anyone else involved. You can get into serious trouble if you don’t follow the appropriate procedures.

Find Out if Anyone is Injured

Checking on the health of everyone is the first action you should take after a car accident. If anyone is injured, getting them medical attention is the top priority.

Move Out of Traffic (In Non-Serious Accidents)

Oregon Car AccidentIn very serious accidents, or those in non-crowded areas, you may not have much choice but to leave your cars where they are. But, if you have a minor accident on a busy road, it’s usually best to move your vehicles to a safe area. If possible, take pictures before moving, but don’t risk your safety by remaining somewhere where other cars may hit you.

Place Warnings Signs

To help keep yourself safe, you should set up flares, traffic cones, traffic triangles, or any other noticeable objects on the road behind where your cars are.

You should plan ahead for this. You can buy these at any automotive shop, and you should keep a selection inside your car to be prepared. At the same time, it’s wise to keep a first aid kid and some emergency clothes in case of inclement weather.

Inform the Police

Oregon Car Accident AdviceYou’re required by law to inform the police about any accident you have. Also, it doesn’t matter who you believe is at fault, you should tell them everything with complete accuracy. They’re likely to find out the facts eventually, so any lies you tell could come back to haunt you.

It’s also a good idea to record the names and badge numbers of any police officers that are at the scene of the accident. This can sometimes be helpful later on if there are any problems.

Call a Lawyer

If you’ve been injured or sustained serious damage to your car, you should absolutely call a lawyer immediately. There are certain actions that need to be taken, and many of them need to be done as soon as possible.

Even if it seems relatively minor, it’s a really good idea to consult with a lawyer to make sure you aren’t missing anything. A legal expert will be able to tell you if you are eligible for any benefits, and they’ll be able to prepare for any trouble you might face.

Exchange Insurance Information

Even if the police record the insurance information of the other people involved in the accident, make sure you get it, too. Insurance companies are notorious for trying to get out of paying, and you need to be able to tell them exactly who the other drivers were.

Also, make sure that all the documents match. If the registration or insurance of the car doesn’t match the name of the driver, record all of the different names and contact information.

Take Photos

Don’t ever rely on others (including the police) to send you photos after the accident. If you need to prove the truth about what happened, it’s best to take them yourself.

Don’t Admit to Anything

As already mentioned, you should be completely honest with the police. But, that doesn’t mean you have to admit to being at fault for anything. It’s natural to want to apologize in a traumatic situation, but there are many cases where you may think you’re the one who caused the accident, and the law doesn’t. Tell what happened, but don’t ever say you were responsible for the crash.

Look for Witnesses

Witnesses can be incredibly valuable after a car accident. They are normally unbiased, and they had a different view than anyone involved in the wreck. Record the names and contact details of anyone who saw what happened.

Talk to Your Doctor

If you have any pain or injuries, immediately seek medical attention. But, you may have suffered some form of injury even if you don’t feel it. Many issues take time before you’ll notice the symptoms, so it’s best to go get checked by a doctor as soon as possible after the accident.

This is extraordinarily important because as time goes on, it’s much harder to prove that the accident caused your health problems.

Don’t Be in a Hurry to Leave

It can be tempting to want to get away as soon as you can, but be patient to make sure you do everything necessary before leaving the scene of the accident.

You Don’t Have to Go Through This Alone

No matter how severe, car accidents are traumatic experiences. The good news is that with a quality lawyer, you have a caring expert by your side through the whole process. I’ve helped a ton of people through situations they hoped never to be in, and I understand how hard it is. But, please know that the sooner you contact me, the better legal assistance I can offer you.

Drive safely!