Car Accident

5 Things to do after a motorcycle accident

Motorcycle accidents can be terrifying and traumatic. In the blink of an eye, your life can change in ways that you never imagined. However, it’s important to stay calm and focused after an accident, as there are certain steps you can take to help ensure the best outcome possible. Here are 5 things to do immediately after a motorcycle accident:

Access Your Injuries and Call for Help
Move to a Safe Location
Exchange Information with Other Parties
Document the Accident Scene
Notify the Insurance Company
Bonus: What NOT To Do After A Motorcycle Accident
Bonus 2:

1. Assess Your Injuries and Call for Help

One of the most important things to do immediately after a motorcycle accident is to assess your injuries and call for help if necessary. Here are two important steps to follow:

Check for Injuries

The first thing you should do is check for any injuries to yourself or any other parties involved in the accident. Some injuries may not be immediately apparent, so be sure to look for signs of pain, discomfort, or bleeding.

If you are experiencing any pain or discomfort, it is important to take note of where the pain is located and how severe it is. This information can be helpful for medical professionals when they arrive on the scene.

If you notice any bleeding, try to apply pressure to the wound with a clean cloth or bandage. If the bleeding is severe, elevate the injured area and continue to apply pressure until help arrives.

Call 911 or Emergency Services

If you or anyone else is injured, call 911 or other emergency services immediately. It’s important to get medical attention as soon as possible to help prevent any further damage or complications.

When calling for help, be sure to provide your location and a brief description of the accident. If there are any hazards or obstacles that may impede emergency responders, such as downed power lines or a fuel leak, be sure to mention them as well.

While waiting for help to arrive, try to keep the injured person calm and comfortable. If they are conscious, reassure them that help is on the way and ask if there is anything you can do to help.

Remember, in the event of a motorcycle accident, time is of the essence. Assessing injuries and calling for help quickly can make a big difference in the outcome of the accident.

2. Move to a Safe Location

After assessing any injuries and calling for help, it’s important to move to a safe location. This can help prevent any further accidents or injuries. Here are two steps you should take:

Get Off the Road

If possible, move your motorcycle off the road and onto the shoulder or sidewalk. This will help to prevent any accidents with other vehicles. If you are unable to move your motorcycle, make sure to turn on your hazard lights to alert other drivers of your presence.

It’s important to remember that even if your motorcycle is still operable, it may not be safe to continue riding it. Check for any damage to the bike, including the handlebars, wheels, and frame. If any of these components are damaged, it’s best to call a tow truck to move your motorcycle to a safe location.

Secure the Accident Scene

If moving off the road isn’t possible, be sure to put up flares or other warning signs to help prevent other accidents. This will help to keep everyone safe. You can also use cones or reflective triangles to mark the accident scene and alert other drivers of the potential danger.

If there are any injuries, it’s important to keep the area around the injured person clear. This can help prevent further injuries and allow emergency personnel to access the injured person quickly. If you have any first aid training, you can provide assistance to the injured person while waiting for help to arrive.

Remember, staying calm and focused during an accident can help you make better decisions and keep everyone safe. Take a deep breath and remember that help is on the way.

3. Exchange Information with Other Parties

After moving to a safe location, exchange information with any other parties involved in the accident. This will help you to stay in contact and work out any necessary details. Here are two important steps to follow:

Gather Contact Information

It is important to gather the contact information of everyone involved in the accident. This includes their full name, phone number, and address. This will help you to stay in touch with them and exchange any necessary information. Additionally, it is important to get the contact information of any witnesses who saw the accident happen. This can be crucial if there is a dispute over who is at fault for the accident.

Collect Insurance Details

Collecting the insurance information of any other vehicles involved in the accident is critical. This will help to determine who is responsible for any damages or injuries. Be sure to get the name of the insurance company, the policy number, and the name of the insured. It is also a good idea to take pictures of the other driver’s insurance card, as well as their driver’s license.

Once you have gathered all of the necessary information, it is important to contact your own insurance company as soon as possible. They will be able to guide you through the process of filing a claim and help you to understand your coverage.

Remember to remain calm and courteous when exchanging information with the other parties involved in the accident. This can be a stressful and emotional time, but it is important to remain level-headed in order to ensure that everything is handled properly.

4. Document the Accident Scene

Documenting the accident can help you to remember important details and can also help with insurance claims. Here are a few additional steps that you can take to document the accident scene:

Take Photos and Videos

Take as many photos and videos of the scene as possible, including any damage to vehicles, road conditions, and any injuries that you or anyone else suffered. It is important to take photos and videos from different angles and distances to provide a complete picture of the accident scene. You can use your smartphone or camera to take these photos and videos.

In addition to taking photos and videos of the accident scene, you should also take photos of the surrounding area. This can include photos of nearby buildings, street signs, and traffic signals. These photos can provide important context for the accident and help to establish who was at fault.

Speak to Witnesses

Speak to any witnesses who may have seen the accident and take down their contact information. They may be able to provide valuable information that can help with insurance claims or legal actions. When speaking to witnesses, be sure to ask open-ended questions that allow them to provide detailed and accurate information. You should also ask for permission to record their statement, either in writing or on video.

It is important to speak to witnesses as soon as possible after the accident, as memories can fade quickly. If you are unable to speak to a witness at the scene of the accident, you can try to track them down later by using their contact information.

Make Notes

In addition to taking photos and videos and speaking to witnesses, you should also make detailed notes about the accident. This can include information such as the time and location of the accident, the weather conditions at the time of the accident, and any other relevant details. You should also make note of any injuries that you or anyone else suffered, as well as any damage to vehicles or property.

By taking these steps to document the accident scene, you can help to ensure that you have all of the information you need to file an insurance claim or pursue legal action if necessary. It is always better to have too much documentation than not enough, so be sure to take as many photos, videos, and notes as possible.

5. Notify Your Insurance Company

Being involved in a motorcycle accident can be a stressful and overwhelming experience. However, it’s important to stay calm and take the necessary steps to ensure your safety and protect your rights. Once you’ve done all the above steps, it’s important to notify your insurance company of the accident. Here are two important steps to follow:

Report the Accident

Reporting the accident to your insurance company is crucial, as it will help to speed up the claims process and ensure that your expenses are covered. Contact your insurance provider as soon as possible to report the accident and provide them with all relevant information, such as the date, time, and location of the accident, as well as any injuries sustained and damage to your motorcycle.

It’s important to note that failure to report the accident to your insurance company in a timely manner may result in denial of coverage or a reduction in the amount of compensation you’re entitled to receive.

Understand Your Coverage

Before filing a claim with your insurance company, it’s essential to understand your insurance coverage and any limitations or deductibles that may apply. Review your insurance policy carefully to ensure that you have the appropriate coverage for your needs, and take note of any exclusions or restrictions that may apply.

For example, some insurance policies may not cover accidents that occur while riding a motorcycle, or may have a high deductible that you’ll need to pay out of pocket before your insurance coverage kicks in. Understanding your coverage will help you to make informed decisions and avoid any surprises down the road.

By following these 10 steps, you can help to ensure the best outcome possible after a motorcycle accident. Remember to stay calm, assess any injuries, and document the scene before notifying your insurance company and taking the necessary legal actions.

Additionally, it’s important to seek medical attention as soon as possible after the accident, even if you don’t think you’ve been seriously injured. Some injuries, such as whiplash or traumatic brain injuries, may not appear immediately but can have serious long-term effects if left untreated.

Finally, consider consulting with an experienced motorcycle accident attorney to help you navigate the claims process and protect your legal rights. An attorney can help you to gather evidence, negotiate with insurance companies, and pursue legal action if necessary to ensure that you receive the compensation you deserve.

6. What NOT To Do After a Motorcycle Accident

Here are some things you should not do after a motorcycle accident.

Leave the scene: Leaving the scene of an accident can result in criminal charges and can also harm your ability to recover compensation for your injuries.
Admit fault: It is important to avoid admitting fault or apologizing for the accident, as this can be used against you later in the claims process.
Delay seeking medical attention: Even if you feel fine after the accident, it is important to seek medical attention right away. Some injuries, such as internal bleeding or brain injuries, may not be immediately apparent.
Fail to collect information: It is important to collect information from the other driver involved in the accident, including their contact and insurance information. You should also collect the contact information of any witnesses and document the scene of the accident, including taking photographs of the vehicles and any damage.
Speak to insurance adjusters without a lawyer: Insurance adjusters may try to contact you shortly after the accident to obtain a statement. It is important to avoid speaking to them without first consulting with a lawyer, as they may try to use your statements to reduce your compensation.
Sign a settlement agreement without consulting a lawyer: Insurance companies may offer a quick settlement to avoid a lawsuit, but it is important to consult with a lawyer before accepting any settlement offer. Once you accept a settlement, you may be barred from seeking further compensation.
Post on social media: It is important to avoid posting about the accident or your injuries on social media, as insurance companies may use this information to dispute your claim.

7. Why Hire a Motorcycle Accident Attorney?

There are several reasons why you should consider hiring a motorcycle accident attorney after a crash:

Legal expertise: Motorcycle accident attorneys have extensive knowledge of personal injury law, insurance policies, and court procedures. They can provide you with valuable legal guidance and help you navigate the complex legal system.
Investigation: An attorney can conduct a thorough investigation of the accident, including collecting evidence, interviewing witnesses, and consulting with experts to determine liability.
Maximizing compensation: An attorney can help you recover the maximum compensation possible for your injuries, including medical expenses, lost wages, pain and suffering, and other damages. They can negotiate with insurance companies and fight for your rights in court if necessary.
Dealing with insurance companies: Insurance companies are notorious for offering low settlements to accident victims. An attorney can protect your rights and negotiate with the insurance company on your behalf, ensuring that you receive a fair settlement.
Providing peace of mind: A motorcycle accident can be a traumatic and overwhelming experience. Hiring an attorney can provide you with peace of mind, knowing that your case is in capable hands and allowing you to focus on your recovery.

Overall, hiring a motorcycle accident attorney can help you navigate the complex legal system, maximize your compensation, and ensure that your rights are protected throughout the claims process. Contact Ryan L Hilts for more information.

May 30, 2023/by admin

Car Accident

What to do After a Car Accident

Actions to be taken immediately after the car accident:

Whether your injuries resulting from a car accident are relatively minor or very serious, you should seek immediate medical attention for you and anyone injured in the accident. You may not experience any immediate discomfort as the adrenaline masks the pain, but once you have had a chance to recover, you may start to notice symptoms.

Prioritize the immediate well-being of everyone impacted by the accident by providing first aid, calling the police and paramedics, and exchanging information. Whenever possible, you must give your contact information to the other driver, the other car’s occupants, and any wounded pedestrians or property owners. Names, addresses, driver’s license numbers, license plate numbers, and insurance details must be shared with the other party involved in the accident. While this is the bare minimum that must be reported, you should always collect additional information, such as contact information for any witnesses, a detailed description of any damage, photographs of the scene of the accident, and a full account of the accident.

If anybody is injured or killed due to the accident, or if your vehicle sustains damage in excess of $1,500, or if your vehicle is towed from the site of the accident, you must file an Oregon Accident and Insurance Report with the Oregon DMV within three days from the date of the accident. Police stations, sheriff’s offices, DMV field offices, and the DMV’s website have accident report forms and detailed instructions on reporting accidents.

Things you should NOT do after a car accident:

Do not give a statement to the other drivers.

If you were in an accident, the only thing you need to provide to the other driver is your contact information and insurance information. The other drivers and/or their insurance company may try to pin the blame for the accident on you if you give them statements about what happened. They may also try to get you to admit to not being hurt directly following the accident. They may try to avoid taking responsibility for their actions by telling the police and their insurance company that they were not at fault for the collision.

Do not give a statement to the other driver’s insurance company.

Do not give a statement to the other driver’s insurance company about the accident or your medical care.

File a Claim with your Own Insurance Company.

In order to file a claim following your vehicle accident in Oregon, you must first alert your insurance company. You must help the insurance company investigate the claim in accordance with the terms of your policy. If you’ve been injured in Portland, Oregon, it’s in your best interest to hire a personal injury attorney to protect your interests and handle the legal aspects of pursuing financial compensation while you focus on getting well. Do not provide any insurance company (including your own) a written or recorded statement and do not sign any paperwork until you have spoken with your personal injury attorney.

Tell the insurance company’s adjusters to contact your attorney instead. By getting an experienced attorney involved, you won’t have to talk to the insurance company alone.

Keep in mind that insurance companies are multibillion dollar corporations that want to maximize profits at the expense of minimizing payouts on claims. If you don’t have an attorney defending your interests, the insurance company will try to convince you to settle for less than you deserve or try to get you to sign documents that don’t reflect the full extent of your injuries and losses.

Reimbursement for property damage incurred as a result of the accident.

Collision insurance is the policy that pays to fix or replace your car if it is damaged in an accident in Oregon. This protection is optional in Oregon, so make sure to add it to your policy. Without collision insurance, you will have to pay for the repairs yourself.

If you have collision coverage or are not considered at fault, most disputes about car repairs can be settled by contacting your own or the other driver’s insurance provider directly. The costs of fixing your car after an Oregon traffic collision will be covered entirely by your insurance provider (if the cost of repairs does not exceed the value of the vehicle). Your car should be restored to its pre-accident condition at no cost to you. It’s possible that the accident will lower your car’s resale value, even after repairs are made. In such cases, you can file a diminished value claim in Oregon to seek compensation for the difference in value from before and after the accident.

If the cost of repairs exceeds the worth of the car, the insurance company will declare it a “total loss”, and you will be reimbursed for its fair market value plus any applicable taxes and title fees. What this means is that you should be compensated for the market value of your car.

Our experienced Oregon Car Accident Attorneys can help you establish your claim and determine who is responsible for compensating you for your injuries. It is highly recommended that you seek the advice of our experienced Oregon Car Accident Attorney at Ryan Hilts Law. You may safeguard your right to fair compensation by hiring our experienced Oregon Car Accident Attorney at Ryan Hilts Law. Our experienced Oregon Car Accident Attorney at Ryan Hilts Law are practicing in Portland Oregon, Lake Oswego, and the surrounding areas.

April 25, 2023/by admin

Car Accident

Oregon Work Auto Accidents

The risk of being involved in an auto accident does not go away just because you’re on the job. Jobs including truck and bus driving, contracting, delivery, and sales all demand regular travel for their employees. It’s not uncommon for an office worker to be requested to use their personal vehicle to do an errand. It’s no secret that auto accidents are a major contributor to the rise of everyday workplace injuries.

Common on the job activities that increase the risk of getting into an auto accident

It’s common to associate auto accidents with the commute to and from work. However, many people need to drive to and from work every day. Employment in many fields demands regular use of a motor vehicle, such as truck driving, mobile sales, sales agenting, traveling nursing, and caregiving.

Everyone hopes they won’t be involved in a car accident, but as per the most recent statistics released by the Oregon State Transportation Department, unfortunately car accidents are a common occurrence in Oregon as approximately 55,000 crashes occur annually in Oregon. Due to the prevalence of traffic accidents, people whose jobs require them to drive are at a much higher risk of being hurt in one themselves.

An employee who is injured in an auto accident on the job may be eligible for workers’ compensation even if the accident was not their fault. A few such scenarios where an individual may have a valid claim following an automobile crash include:

Injured truck driver
caregiver commuting from one workplace to another
Couriers
Sales associates en route to or from a customer appointment
Accidents involving utility workers and their work vehicles
Construction workers operating heavy vehicles

Are on the job auto accidents covered by workers compensation?

Most auto accidents that occur on the job are covered by workers’ compensation. Your workers’ compensation benefits will cover payment for any necessary medical care, time off work, or retraining.

But not all auto accidents on the job count as qualified accidents. As a workers’ compensation lawyer, I am frequently asked if an injured worker could file a claim if the injury occurred on the way to or from work. Unless the employee can provide evidence that travel is necessary for the performance of their job, the answer is likely to be negative. You can evaluate your claim possibility by asking yourself the following questions:

Was this a business trip?
Is regular travel a requirement of your position?
Do you get paid for the time you spend traveling for work?
Does your employer know if the auto accident happened on their property?

Get in touch with our experienced Portland workers compensation attorney who can offer a first free consultation and evaluate your case to advice you on the getting the best possible outcome and the highest amount of workers’ compensation.

I was involved in an automobile accident and suffered injuries. Do we file a claim with the state’s department of motor vehicles or with the state’s department of workers’ compensation?

If you are hurt while driving for work and file a claim, you may be eligible for workers’ compensation benefits and may also be able to sue the negligent vehicle driver.

Quick medical attention is necessary after any kind of injury accident. During the time of the automobile accident, you should have been at work, so be sure to let your doctor know this. The next step is to fill out Section A of Form 801 for Oregon Workers’ Compensation. You should keep a copy and have your company fill out and file the bottom section. Verify with your employer that they have submitted the paperwork to the workers’ compensation carrier.

Your workers’ compensation insurance provider will most likely mail you an incomprehensible letter within the next few days. The letter you might receive will request a response regarding the auto accident claim. In the event that you do not respond to this letter within 60 days, the workers’ compensation insurer responsible for paying your medical expenditures will assume responsibility for the claim. If you decide to pursue the claim but wait more than 90 days to do so, the paying workers’ compensation insurer will take over the case.

Get in touch with our committed Portland workers’ compensation attorneys right away!

An experienced Portland workers compensation attorney has devoted their entire professional life to advocating for the rights of wounded employees and their loved ones. An experienced Portland workers compensation attorney takes the time to get to know their clients and their cases and fully comprehend their needs because they know the toll a work-related accident or sickness can take on an individual and his or her loved ones.

Our attorneys believe that informing injured workers about the workers’ compensation system is the best way to give them hope and relief. Our attorneys are proud to receive recommendations from other attorneys and organizations who recognize their dedication and value their expertise in handling difficult workers compensation matters.

January 6, 2023/by admin

Car Accident

In an auto accident because of a drunk driver in Oregon?

Here’s what you can do.

According to the Oregon Department of Transportation, drunk driving accounted for 1,783 of the total auto accidents in . Under the Oregon vehicle code, driving with a blood alcohol content of .08% or more in non-commercial drivers or .04% or more in commercial drivers is a punishable offense in Oregon which can result in a fine or jail, or both.

Oregon’s insurance system provides accident victims with more flexibility than in many other states. Oregon requires all drivers to carrying Personal Injury Protection (PIP) medical insurance of a minimum amount of $15,000. PIP will also pay 70% of lost wages, up to $3,000 per month. If the accident was caused by someone else, PIP will be reimbursed from the at-fault insurance company. Injured parties can also file a claim against the at-fault insurance company for reimbursement of economic and non-economic (pain and suffering) damages.

Our experienced Oregon car accident attorneys at Ryan Hilts law can assist you in pursuing financial compensation against drunk drivers.

Details of your case, such as the extent of your injuries, lost wages, medical expenses, and any other losses will determine the amount of compensation you will receive as a result of your injuries.

In Oregon, there are time restrictions for filing a claim for damages following a drunk driving accident, known as the “statute of limitations.” There are also additional deadlines that must be met depending on certain circumstances. Do not hesitate to call a lawyer immediately so that all deadlines are met and you are able to pursue your claim.

Our experienced Oregon Auto Accident Attorneys can help you establish your claim and determine who is responsible for compensating you for your injuries. Insurance companies try to settle claims for as little as possible. Because of this, it is highly recommended that you seek the advice of our experienced Oregon Auto Accident Attorneys at Ryan Hilts Law. You may safeguard your right to fair compensation by hiring our experienced Oregon Auto Accident Attorneys at Ryan Hilts Law. Our experienced Oregon Auto Accident Attorneys at Ryan Hilts Law are practicing in Portland Oregon, Lake Oswego, and the surrounding areas. You can contact our experienced Oregon Auto Accident Attorney here.

August 23, 2022/by admin

Car Accident, Oregon

In a car accident? This is why you MIGHT need an attorney.

Car accidents occur unexpectedly and can have life-altering consequences. Even seemingly small injuries can have far-reaching effects. Fortunately, if you have been a victim of an Oregon car accident, then you can seek compensation for your losses, such as medical expenses and lost earnings, by filing a claim with the at-fault driver’s insurance company. After seeing a doctor, you should talk to an Oregon car accident attorney about your car accident case.

Our experienced car accident attorneys at Ryan Hilts Law can help ensure you receive the financial support you need to make a full recovery. Your medical bills and lost wages should be paid for by the negligent driver’s insurance carrier.

Oregon Car Accident Statute of Limitations

The right to sue in court may be barred by a state’s “statute of limitations,” which specifies a time frame within which a plaintiff must file suit. According to Oregon Revised Statutes section 12.110, there is a two-year deadline for filing a car accident injury claim by a passenger, motorcyclist, driver, pedestrian, bicycle rider, electric scooter rider, or motorcyclist. However, the deadline extends to three years in case of someone’s death as a result of a car accident. According to Oregon Revised Statutes section 30.020, a wrongful death claim can be filed by the deceased’s family member within 3 years. Further, according to Oregon Revised Statutes section 12.080, you can file a claim seeking compensation for vehicle damage within six years.

Oregon Modified Comparative Negligence Law

A person commits negligence when his/her carelessness causes injury to another person. In general, states either use comparative negligence or contributory negligence for handling negligence cases. To put it simply, under the doctrine of comparative negligence, a defendant is only liable for damages proportionate to the degree to which he or she is determined to share culpability. Oregon follows a modified comparative negligence wherein if a plaintiff is judged to be fifty percent or less at fault, they will be awarded damages.

According to Oregon Revised Statutes section 31.600, if you were partially at fault for an accident, you can still make a claim and file a lawsuit to seek compensation for your losses. However, any award you receive must be reduced in proportion to the degree in which your negligence exceeded that of the defendant. Because there is no objective way to assign fault under Oregon law, settling on who is at fault comes down to your ability to convince a judge, arbitrator, and/or jury. Our Oregon car accident attorneys at Ryan Hilts Law can help you get compensation for an Oregon car accident.

Oregon Car Accident Reporting Requirements

The Oregon Driver and Motor Vehicles Services mandate that drivers involved in a car accident must file an Oregon Traffic Accident and Insurance Report in case of death, vehicle damage exceeding USD 2,500, the vehicle is towed from the scene due to such damage, or injury to a person. In case you are in a car accident, you should immediately contact our Oregon car accident attorneys at Ryan Hilts Law to file an Oregon Traffic Accident and Insurance Report.

Oregon is a No-Fault State

Everyone hopes they will not be involved in a car accident, but unfortunately, car accidents are a common occurrence in Oregon, as approximately 55,000 crashes occur annually in Oregon. Oregon is one of the twelve no-fault states in the U.S. In a no-fault state, every vehicle owner should have Personal Injury Protection (PIP) coverage included in their auto insurance policy. In the event of an accident, each Oregon resident is responsible for filing a claim with their own insurance carrier, regardless of who was at fault.

PIP is mandated in no-fault states. Minimum requirements for PIP coverage are set by each state. In the case of a car accident, PIP will cover medical expenses up to the policy’s maximum. PIP is then reimbursed by the at-fault driver’s insurance. In the event of an accident when the driver’s own insurance does not cover the whole cost of repairs, the driver may have to file a lawsuit against the other driver’s insurance company.

Many issues may arise during a case – the at-fault driver’s insurance company may not provide enough coverage. Insurance companies may try to settle a case for as little as possible. It is highly recommended that you seek the advice of our experienced car accident attorneys at Ryan Hilts Law. You may safeguard your right to just compensation by hiring our experienced Oregon car accident attorneys at Ryan Hilts Law.

Our experienced Oregon car accident attorney can be reached here.

June 21, 2022/by admin

Car Accident, Oregon

Car Accident with No Insurance in Oregon

If you have suffered an injury in a Portland car accident, the stress of your injuries could be challenging enough. However, when an uninsured driver causes those injuries, you must face additional questions that could impact your recovery. Questions can range from, who will pay for your medical bills? What if you miss work? Thankfully Portland and Lake Oswego injury attorney Ryan Hilts has experience representing car accident cases such as these. The sad truth is, 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.

If you’re facing injuries due to another person’s negligence or wrongdoing, it’s important to seek counsel from a personal injury lawyer. Ryan Hilts Attorney at Law can help you seek fair compensation for an at-fault driver who doesn’t have insurance. Contact us today for a free consultation regarding your case (503) 726-5960.

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.

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.

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.

May 14, 2021/0 Comments/by admin

Article, Car Accident, Oregon

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 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.

December 17, 2020/by

Article, Car Accident, Oregon

Is Oregon a No-Fault State?

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.

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.

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.

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.

October 30, 2020/by

Car Accident, Personal

When to Hire an Attorney After a Car Accident

Car accidents can be overwhelming. Aside from just ensuring yours and others’ safety, it’s important to know what to do after a car accident. In fact, there are a number of things that you should do. For example, calling the local law enforcement to take a record of the accident. Additionally, you should get the other driver’s insurance information, take photos of the accident, and get medical help if you are injured.

Many people wonder when to hire an attorney after a car accident. We’re giving you the information below for general guidelines on seeking personal injury representation. If you’ve been involved in a car accident in Oregon, contact expert personal injury attorney Ryan Hilts by calling (503) 726-5960.

Why Is It often Important To Hire An Attorney Soon After A Car Accident?

When you get in a car accident, it can be beneficial to hire an attorney as soon as possible. By hiring an attorney sooner, rather than later, the attorney has a better opportunity to investigate and understand the details of the liability portion of your case.

Also, in the state of Oregon, the statute of limitations for a car accident litigation case is two-years. If certain deadlines are not met within the two year statute of limitations, cases will be lost. There are also additional deadlines for cases against a public body or an officer, or employee or agent of a public body. A personal injury attorney will know which requirements need to be met for each case.

In addition many people get into car accidents and receive injuries that appear to be minor, only to later discover they do not heal and become permanent. Insurance companies often try to settle cases early before the injured victim realizes the extent of their injuries. Once a settlement occurs there is no way to open the case and receive just compensation.

In Oregon, the statute of limitations for a litigation case is two-years
If two-years have passed since the accident, you can’t take that case to court
By failing to hire an attorney, you run the risk of dealing with damages that were far more severe than you realized, or receiving a low settlement
Hiring an attorney sooner, rather than later, will enable you to understand what you’re dealing with as soon as possible, and to move your case forward

What Will A Good Attorney Help You With?

Knowing when to hire an attorney after a car accident is essential. First, you should know how a personal injury lawyer can assist.

Personal injury cases can be very complex. With a good attorney you’ll be walked through each step of the legal process, allowing you to understand the process and help you work together with the attorney to achieve the settlement that you’re entitled to.

Personal injury cases can be very complex, and they consist of many different factors and variables. If you are unfamiliar with the legal system, and how to navigate within it, then hiring a good attorney will make things significantly easier.

There are a plethora of other situations that you will deal with when moving your case forward. Situations related to determining the damages that took place, receiving the proper settlement, proving fault, etc; a good attorney will walk you through those situations and make the entire process much easier for you. Without hiring an attorney, though, the entire process will be far more complicated.

Personal injury cases are very complex, and they consist of many factors and variables
By hiring a good attorney, you’ll be walked through the intricacies of the legal process and the entire experience will be much easier
A good attorney will help you organize your case and present it to the court
With a good attorney, you’ll know when the insurance company is attempting to give you a poor settlement
A good attorney will help you navigate any legal situations/challenges that come up while your case is in court
Without hiring an attorney, the entire process becomes far more difficult and there’s no guarantee you’ll receive the settlement you desire

How Can You Prepare To Hire An Attorney?

To properly prepare for hiring an attorney, you need to organize every piece of information that pertains to your case. This information includes things like photos of the damages, medical records, pay stubs that prove you lost money, etc. By organizing all of this information, and then finding the right attorney, you’ll make it far easier for you and your attorney to move your personal injury case forward.

The information that you need to organize consists of things like photos of the accident, medical records of the injuries you sustained, pay stubs that show lost time at work, along with any notes regarding what happened during the accident and what you can remember. It also helps to preserve any physical evidence of the accident, such as any dents that are in your car or a broken mirror.

When you have all of that information organized, you can then show it to the attorney that you hire. When to hire an attorney after a car accident, in general, it usually depends on how quickly you can gather the needed information. Alternatively, an experienced car accident lawyer in Oregon can help you prepare with needed materials. This will make it far easier for your attorney to understand your case, and to work with you on taking your case to court and getting you the settlement that you are entitled to.

To prepare for hiring an attorney, it’s very important that you organize every single piece of information related to the car accident
This is information such as photos of the accident, medical records of the injures you sustained, pay stubs that show lost time at work, notes regarding what you can remember of the accident, and even physical evidence
By having this information and organizing it, your attorney will understand all of the details of your case, and what the next best step is

March 17, 2020/by

Article, Car Accident, Oregon

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.

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:

Take pictures of your vehicle, and any damage that is sustained
Take pictures of the other person’s vehicle, and any damage that their vehicle sustained.
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.

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.

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.

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.

January 29, 2020/by