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The Law Requires You to File an Accident Report If…

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.

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.

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.

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 and car accident cases.

If you were injured in a car accident, you need legal representation. Furthermore, you need an attorney who specializes in car accident claims – also known as a car accident attorney.

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.

December 17, 2020/by admin

Article, Oregon, Pain and Suffering

Oregon Dog Bite Law

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.

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.

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.

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:

The first is showing that the dog was provoked – either intentionally or unintentionally – which lead to the dog bite
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
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.

September 18, 2020/by admin

Article, Settlement

Oregon Wrongful Death Cap

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.

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

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.

August 18, 2020/by