Car Accident

All content in this category is related to car accidents. If you’ve been injured in a car accident in Oregon, please contact an Oregon car accident attorney like Ryan Hilts, Attorney at Law.

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What to do after an accident with a DUI driver

Being involved in a car accident is always a stressful and potentially life-altering event. However, when the other driver involved is under the influence of alcohol or drugs (DUI), it not only adds to the emotional and physical trauma but also brings along legal and financial complications. To protect yourself and ensure a smoother recovery process, here are some essential steps you should take after an accident with a DUI driver.

Understanding the Implications of a DUI Accident

Understanding the Implications of a DUI Accident

A DUI accident refers to a collision or incident caused by a driver operating a vehicle while impaired by alcohol or drugs. It is important to understand the legal consequences and potential damages associated with such accidents.

When a driver gets behind the wheel while under the influence, they not only put their own life at risk but also endanger the lives of others on the road. The effects of alcohol or drugs can impair their judgment, coordination, and reaction time, making them more prone to making mistakes and causing accidents.

Legal Consequences for the DUI Driver

A DUI driver may face severe legal consequences, including fines, license suspension, mandatory alcohol education programs, and even imprisonment, depending on the severity of the accident and their prior history. These penalties are in place to deter individuals from driving under the influence and to hold them accountable for their actions.

When law enforcement officers respond to a DUI accident, they conduct investigations to gather evidence and determine the level of impairment. The driver will be subjected to field sobriety tests, breathalyzer tests, or blood tests to establish their blood alcohol concentration (BAC) or the presence of drugs in their system. The results of these tests play a crucial role in determining the legal consequences the driver will face.

Potential Damages and Injuries

In a DUI accident, there is a high risk of severe injuries and property damage. The intoxicated driver’s impaired judgment and reduced reaction time significantly increase the chance of accidents resulting in life-altering injuries or, in worst-case scenarios, fatalities.

Victims of DUI accidents may suffer from a wide range of injuries, including broken bones, traumatic brain injuries, spinal cord injuries, internal organ damage, and severe burns. These injuries can have long-lasting physical, emotional, and financial consequences for the victims and their families.

Furthermore, the property damage caused by DUI accidents can be extensive. Collisions at high speeds can result in total vehicle destruction, leaving the victims without transportation and facing significant repair or replacement costs.

It is worth noting that DUI accidents not only affect the individuals directly involved but also impact the broader community. These accidents can lead to increased insurance premiums for all drivers, strain on emergency response systems, and a general sense of fear and unease among the public.

Therefore, it is crucial to raise awareness about the dangers of driving under the influence and to promote responsible decision-making when it comes to alcohol or drug consumption. By understanding the legal consequences and potential damages associated with DUI accidents, we can work towards creating safer roads for everyone.

Immediate Steps to Take at the Accident Scene

Immediate Steps to Take at the Accident Scene

Once involved in an accident with a DUI driver, it is crucial to prioritize safety and gather vital information for legal and insurance purposes.

Ensuring Safety and Calling Authorities

The first step is to ensure your safety and the safety of others involved. If possible, move to a safe location away from traffic. If anyone is injured, call for medical help immediately. Simultaneously, contact local law enforcement to report the accident and inform them about the suspicion of a DUI driver.

Gathering Necessary Information

While waiting for the authorities to arrive, gather as much information as possible. Record the DUI driver’s details, including their name, contact information, driver’s license number, and insurance information. Document the accident scene by taking photos or videos, capturing the damaged vehicles, and any visible injuries.

Seeking Medical Attention Post-Accident

Seeking Medical Attention Post-Accident

Even if you feel fine immediately after the accident, it is crucial to seek medical attention promptly.

Importance of Immediate Medical Check-up

Some injuries, such as internal bleeding or whiplash, may not manifest symptoms right away. Only a qualified healthcare professional can provide a comprehensive examination to identify any hidden injuries. Additionally, having a documented medical report can strengthen your case when dealing with insurance claims.

Long-Term Health Implications

Some injuries resulting from a DUI accident can have long-lasting implications on your physical and mental health. Addressing these issues promptly and obtaining appropriate medical care is essential to minimize long-term complications and ensure the best possible recovery.

Reporting the Incident to Your Insurance Company

Reporting the Incident to Your Insurance Company

As soon as possible following the accident, you should report the incident to your insurance company.

Timing and Details of Reporting

Provide your insurance company with accurate and detailed information about the accident, including the DUI driver’s involvement. Be prepared to answer any questions they may have and cooperate fully with their investigation. Prompt reporting is crucial for insurance claim processing.

Dealing with Insurance Adjusters

After reporting the incident, your insurance company may assign an insurance adjuster to handle your claim. Be honest and provide all necessary information, emphasizing the involvement of a DUI driver. However, be cautious when providing statements to the DUI driver’s insurance, as they may try to reduce their liability. Consider consulting with a personal injury attorney experienced in DUI accidents to protect your rights throughout the process.

Legal Actions to Consider After a DUI Accident

Legal Actions to Consider After a DUI Accident

If you have been involved in a DUI accident, it is advisable to seek legal guidance to protect your interests and seek potential compensation for your damages.

Hiring a Personal Injury Attorney

A personal injury attorney experienced in DUI accidents can help navigate the legal complexities, gather evidence, negotiate with insurance companies, and represent your best interests in court if necessary. Their expertise can significantly improve your chances of obtaining fair compensation for your injuries, medical bills, lost wages, and emotional distress.

Filing a Lawsuit against the DUI Driver

In cases where the DUI driver’s negligence has resulted in severe injuries or significant financial losses, filing a lawsuit may be necessary to hold the driver accountable and seek further compensation. Your personal injury attorney can guide you through the process, ensuring that your rights are protected.

Ryan Hilts - Injury Attorney- Helps those who were involved in DUI Accidents

Finally, remember that each DUI accident case is unique, and seeking legal advice from a personal injury attorney specialized in car accidents and DUI cases is crucial. By taking these steps and working with professionals who understand the complexities of DUI accidents, you can focus on your recovery and secure the necessary support during this challenging time.

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Staying Safe on Portland’s Roads: Preventing Personal Injuries and Accidents

Portland, Oregon has a vibrant community with a growing population. With this growth comes increased traffic on the roads, making it essential for residents and visitors to prioritize their safety. Understanding Portland’s road conditions, the role of traffic laws, safe driving practices, and pedestrian and cyclist safety are crucial aspects of preventing personal injuries and accidents. In this article, we will explore these topics and provide valuable tips to help you stay safe on Portland’s roads so you can prevent a Portland personal injury.

Understanding Portland’s Road Conditions

UNDERSTANDING PORTLAND’S ROAD CONDITIONS

Before we dive into specific safety measures, let’s take a moment to understand the unique road conditions in Portland.

Portland, known for its vibrant culture and stunning natural beauty, is also home to a diverse range of road conditions. From the bustling city streets to the winding roads that lead to breathtaking viewpoints, navigating Portland’s roads requires a keen understanding of the challenges that lie ahead.

One of the most common road hazards in Portland is the presence of potholes. These pesky craters can appear seemingly out of nowhere, posing a threat to both the stability of your vehicle and your overall driving experience. It’s important to keep a vigilant eye on the road ahead, especially after heavy rainfall or during the winter months when potholes tend to multiply.

In addition to potholes, construction zones are a frequent occurrence in Portland. As the city continues to grow and develop, road construction projects are a common sight. While these projects aim to improve the infrastructure, they can also create temporary road hazards, such as narrowed lanes, detours, and uneven pavement. Staying alert and following any posted signs or instructions is crucial to safely navigate through these areas.

Portland’s unique geography also contributes to the challenges faced by motorists. The city is known for its hilly terrain, which can make driving on certain roads a thrilling adventure. However, it’s important to exercise caution when driving uphill or downhill, as the steep inclines can impact your vehicle’s handling and braking capabilities to avoid a car accident.

Follow Portland’s Weather Report before your next commute.

COMMON ROAD HAZARDS IN PORTLAND

Portland’s roadways present various challenges for motorists, such as potholes, construction zones, and uneven pavement. Being aware of these hazards can help you navigate the roads effectively and avoid potential accidents.

Aside from the physical road hazards, it’s also important to consider the impact of weather conditions on road safety. Given Portland’s rainy climate, rainfall can be a significant factor affecting road conditions. The combination of water and oil residue on the road surface can make it slippery, reducing traction and increasing the risk of accidents. It’s crucial to adjust your driving habits accordingly and allow for additional stopping distance.

Furthermore, Portland experiences occasional snow and ice during the winter months, which can further complicate road conditions. Driving on icy roads requires extra caution, as braking distances increase significantly and the risk of skidding or losing control of your vehicle becomes more prevalent. It’s advisable to equip your vehicle with appropriate winter tires and to drive at reduced speeds to ensure your safety and the safety of others on the road.

WEATHER IMPACT ON PORTLAND’S ROADS

Given Portland’s rainy climate, it’s important to consider how weather conditions can affect road safety. Rainfall can make the roads slippery, reducing traction and increasing the risk of accidents. It’s crucial to adjust your driving habits accordingly and allow for additional stopping distance.

When it comes to road conditions, Portland offers a unique blend of challenges that require drivers to be alert and adaptable. By understanding and respecting the road hazards, as well as adjusting your driving habits to accommodate the weather, you can navigate Portland’s roads with confidence and ensure your safety on your journey through this vibrant city.

Safe Driving Practices in Portland

SAFE DRIVING PRACTICES IN PORTLAND

Implementing safe driving practices is key to preventing accidents on Portland’s roads. Let’s take a closer look at two essential aspects: defensive driving techniques and vehicle maintenance.

DEFENSIVE DRIVING TECHNIQUES

Defensive driving involves anticipating and responding to potential hazards on the road. By staying focused, maintaining a safe following distance, and avoiding distractions, you can significantly reduce the risk of accidents. Remember, defensive driving isn’t just about protecting yourself; it also ensures the safety of others on the road.

One important defensive driving technique is maintaining situational awareness. This means constantly scanning the road ahead, checking your mirrors, and being aware of your surroundings. By being alert to potential dangers, such as pedestrians crossing the street or other drivers making sudden lane changes, you can react quickly and avoid collisions.

Another crucial aspect of defensive driving is understanding and obeying traffic laws. This includes following speed limits, using turn signals, and yielding to other drivers when necessary. By adhering to these rules, you contribute to the overall safety and flow of traffic in Portland.

Additionally, defensive driving involves adapting to different road and weather conditions. Portland experiences a variety of weather patterns, including rain, fog, and snow. It is important to adjust your driving behavior accordingly, such as reducing speed and increasing following distance, to ensure optimal safety in these conditions.

THE IMPORTANCE OF VEHICLE MAINTENANCE

Regular vehicle maintenance is critical for safe driving. Make sure to schedule routine checks of your tires, brakes, lights, and other essential components. By keeping your vehicle in optimal condition, you can minimize the chances of mechanical failures that may lead to accidents.

When it comes to tire maintenance, ensure that they are properly inflated and have sufficient tread depth. This will provide optimal grip on the road and reduce the risk of skidding or hydroplaning. Regularly inspect your brakes for any signs of wear or deterioration, as they are crucial for effective stopping power.

Properly functioning lights are essential for visibility, especially during low-light conditions or inclement weather. Regularly check your headlights, taillights, brake lights, and turn signals to ensure they are all working correctly. This will help other drivers see you and anticipate your actions, reducing the risk of collisions.

Furthermore, maintaining a clean windshield, free from cracks or obstructions, is essential for clear visibility. Replace windshield wipers regularly to ensure they effectively remove rain or debris from the windshield, providing a clear view of the road ahead.

Regular oil changes and fluid checks are also important for the overall health of your vehicle. Adequate levels of oil, coolant, and transmission fluid help prevent engine damage and ensure smooth operation. Neglecting these maintenance tasks can lead to engine overheating or other mechanical issues, increasing the risk of accidents.

In conclusion, by practicing defensive driving techniques and prioritizing vehicle maintenance, you can significantly reduce the risk of accidents on Portland’s roads. Remember to always stay alert, follow traffic laws, and keep your vehicle in optimal condition for a safe and enjoyable driving experience.

Pedestrian and Cyclist Safety in Portland

PEDESTRIAN AND CYCLIST SAFETY IN PORTLAND

Portland, also known as the City of Roses, is not only famous for its stunning natural beauty and vibrant culture but also for its commitment to promoting walkability and cyclist-friendly infrastructure. As a motorist, it is crucial to be mindful of pedestrians and cyclists who share the roads, ensuring a safe and harmonious coexistence.

When it comes to navigating Portland’s roads as a pedestrian, there are several key considerations to prioritize your safety. First and foremost, always make use of designated crosswalks when crossing the street. These crosswalks are strategically placed throughout the city, providing pedestrians with a safe path to traverse busy intersections. By obeying traffic signals and patiently waiting for the pedestrian light to turn green, you can ensure a smooth and secure journey.

However, crossing at designated crosswalks alone is not enough. It is equally important to make eye contact with drivers before stepping onto the road. This simple action establishes a visual connection between pedestrians and motorists, ensuring that both parties are aware of each other’s presence. Additionally, wearing reflective clothing can significantly increase your visibility, especially during the darker hours of the day. By incorporating reflective elements into your attire, you enhance your chances of being seen by drivers, further reducing the risk of accidents.

Now, let’s shift our focus to the cyclists who contribute to the vibrant cycling culture of Portland. With an extensive network of bike lanes and cycling-friendly infrastructure, it’s no surprise that cycling is a popular means of transportation in the city. To ensure a safe cycling experience, there are a few essential tips to keep in mind.

Firstly, cyclists should always utilize designated bike lanes whenever possible. These lanes provide a dedicated space for cyclists, separating them from motor vehicle traffic and reducing the chances of collisions. By staying within the bike lanes, cyclists can confidently pedal through the city, knowing that they have a designated space to call their own.

Furthermore, signaling intentions is crucial for cyclists. By using hand signals to indicate turns or lane changes, cyclists communicate their next move to motorists, allowing for a smoother flow of traffic and minimizing the risk of unexpected maneuvers. These simple gestures can make a significant difference in ensuring the safety of both cyclists and motorists on the road.

Lastly, but certainly not least, wearing a helmet is of utmost importance for cyclists. Helmets provide a vital layer of protection, reducing the risk of head injuries in the event of an accident. By strapping on a helmet before embarking on your cycling journey, you prioritize your safety and set a positive example for others.

It is not only the responsibility of pedestrians and cyclists to prioritize safety but also that of motorists. When sharing the road with cyclists, motorists should give them enough space when passing, ensuring a safe distance between the vehicle and the cyclist. Moreover, being cautious when opening car doors is essential to avoid collisions with passing cyclists. By practicing these safety measures, motorists contribute to the overall safety and well-being of all road users in Portland.

In conclusion, pedestrian and cyclist safety in Portland is a shared responsibility among all road users. By following the guidelines and tips mentioned above, we can create a harmonious environment where pedestrians, cyclists, and motorists coexist safely. So, whether you choose to explore the city on foot or by bike, remember to prioritize safety, be mindful of your surroundings, and enjoy the beauty that Portland has to offer.

Responding to Road Accidents

RESPONDING TO ROAD ACCIDENTS

Despite our best efforts, accidents can still occur on Portland’s roads. Knowing how to respond in such situations is crucial.

WHAT TO DO IMMEDIATELY AFTER AN ACCIDENT

If you find yourself involved in an accident, prioritize safety above all else. Move your vehicle out of traffic if possible, check for injuries to yourself and others, and call emergency services if necessary. Exchange contact and insurance information with the other party involved, and gather any relevant evidence, such as photos or witness statements.

SEEKING MEDICAL AND LEGAL HELP POST-ACCIDENT

After an accident, it’s important to seek medical attention, even if you don’t initially feel injured. Some injuries may take time to manifest. Additionally, consider consulting a personal injury attorney to understand your rights and determine if you are eligible for compensation for any damages sustained.

In conclusion, prioritizing safety on Portland’s roads is essential for preventing personal injuries and accidents. By understanding the unique road conditions, adhering to traffic laws, implementing safe driving practices, and respecting pedestrians and cyclists, we can create a safer commuting environment for everyone. Remember, staying safe on the roads is a collective effort that requires vigilance and responsibility from all road users. Stay cautious, stay informed, and arrive at your destination safely.

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The risk with driving without auto insurance

Driving without auto insurance is a risky game to play. It leaves drivers vulnerable to legal and financial liabilities that can have long-term consequences. In this article, we will explore the dangers of driving without auto insurance, the legal consequences, and the financial risks associated with such a decision.

  1. Understanding Auto Insurance
  2. Legal Consequences
  3. Financial Risks
  4. Future Insurance Risks

Understanding Auto Insurance in Oregon

1. Understanding Auto Insurance

What is Auto Insurance?

Auto insurance is a contract between an individual and an insurance company that protects the individual against financial loss in the event of an accident or theft. Auto insurance can cover damages caused by the individual, damages to the individual’s vehicle, and damages caused by other drivers.

Auto insurance is a crucial purchase for any driver, as it provides financial protection in the event of an accident or theft. Without auto insurance, drivers would be responsible for paying for any damages or injuries they cause out of their own pockets. This can be financially devastating, especially in the case of a serious accident.

Types of Auto Insurance Coverage

There are several types of auto insurance coverage, each of which provides a different level of protection. Liability coverage is the most basic form of coverage, and it covers damages caused by the individual to other drivers or their property. This can include medical expenses, property damage, and other costs associated with an accident.

Collision coverage covers damages to the individual’s vehicle, regardless of who is at fault for the accident. This can include repairs or replacement of the vehicle, as well as any other costs associated with the accident.

Comprehensive coverage covers damages caused by theft, weather, or other non-collision events. This can include damage from natural disasters, vandalism, or other unforeseen events.

How Auto Insurance Premiums are Determined

Auto insurance premiums are determined based on a variety of factors, including the individual’s driving record, age, gender, and location. Additionally, the type of vehicle being insured can also impact the cost of premiums.

Drivers with a history of accidents or traffic violations are typically considered higher risk, and will pay higher premiums as a result. Younger drivers and male drivers are also considered higher risk, and may pay higher premiums than older or female drivers.

The location of the driver can also impact the cost of premiums, as certain areas may have higher rates of accidents or theft. Additionally, the type of vehicle being insured can impact the cost of premiums, as more expensive or high-performance vehicles may be more costly to repair or replace in the event of an accident.

Overall, it is important for drivers to carefully consider their auto insurance needs and shop around for the best coverage and rates. By understanding the different types of coverage available and the factors that impact the cost of premiums, drivers can make informed decisions and ensure they are adequately protected in the event of an accident or theft.

Legal Consequence without car Insurance

2. Legal Consequences of Driving Uninsured

Driving without auto insurance is not only illegal, but it can also have serious consequences. Here are some additional details about the legal ramifications of driving uninsured:

Fines and Penalties

The fines and penalties for driving uninsured can vary widely depending on the state in which the violation occurs. In some states, the fines can be as low as $100, while in others, they can be as high as $5,000. In addition to fines, drivers may also be required to pay court costs and other fees. These costs can quickly add up, making it much more expensive to drive without insurance than to simply obtain the required coverage.

License Suspension and Vehicle Impoundment

Many states also have laws that allow for the suspension of a driver’s license or the impoundment of their vehicle if they are caught driving without insurance. This can be a major inconvenience, as it can make it difficult for the individual to get to work or school. In addition, if the vehicle is impounded, the driver will be responsible for paying the impound fees, which can also be quite expensive.

SR-22 Requirements

Some states require drivers who have been caught driving without insurance to file an SR-22 form. This is a certificate of financial responsibility that shows that the individual has obtained the required insurance coverage. However, filing an SR-22 form can be expensive, and insurance premiums for individuals required to file the form are often significantly higher than for those who are not.

It’s important to note that even if you are not caught driving without insurance, the financial risks of being uninsured are still significant. If you are involved in an accident and do not have insurance, you could be held personally liable for any damages or injuries that result. This could result in financial ruin, as medical bills and property damage can quickly add up.

So if you’re thinking about driving uninsured, think again. The risks are simply too great. Instead, make sure you have the required insurance coverage so that you can drive with peace of mind.

Financial Risk with no vehicle insurance

3. Financial Risks of Driving without Auto Insurance

Auto insurance is a necessity for all drivers, as it provides financial protection in the event of an accident. However, many individuals choose to drive without insurance, either due to financial constraints or a lack of understanding of the risks involved. Driving without insurance can have serious financial consequences, including:

Paying for Damages Out-of-Pocket

If an individual causes an accident while driving without insurance, they will be responsible for paying for damages out-of-pocket. This can be a costly endeavor, and without insurance, the individual may be unable to cover the full cost of damages. In some cases, the cost of damages can be so high that the individual may be forced to declare bankruptcy or sell off assets to cover the costs.

Personal Liability in Accidents

Driving without insurance also leaves individuals vulnerable to personal liability in accidents. If the individual causes an accident that results in injury or property damage, they can be held personally liable for the cost of damages. This means that the individual may be forced to pay for medical bills, lost wages, and other expenses related to the accident out-of-pocket.

Furthermore, if the individual is sued for damages, they may be required to pay for legal fees and court costs, which can add up quickly.

Long-term Financial Consequences

Driving without insurance can also have long-term financial consequences. Individuals who are caught driving without insurance may find it difficult to obtain insurance in the future, and when they do, they may be subjected to significantly higher premiums. This is because insurance companies view individuals who have driven without insurance as high-risk drivers, and therefore, charge them more for coverage.

Additionally, driving without insurance can lead to a suspended license or even jail time in some states. This can have a negative impact on an individual’s ability to work and earn income, further exacerbating their financial situation.

It is important for all drivers to understand the risks of driving without insurance and to obtain adequate coverage to protect themselves and others on the road.

In Oregon, the minimum financial penalty for driving uninsured is $135, but that can escalate to a maximum of $1,000.

Future risks with driving without auto insurance

4. Increased Premiums and Difficulty Obtaining Insurance

High-Risk Driver Classification

Individuals who are caught driving without insurance are often classified as high-risk drivers by insurance companies. This can make it more difficult for them to obtain insurance in the future, and when they do, they may be subjected to significantly higher premiums.

Being classified as a high-risk driver can be a major setback for individuals who rely on their vehicles to get to work or school. Without insurance, they may be unable to legally operate a vehicle, which can lead to missed opportunities and lost income. In addition, the financial burden of high premiums can be overwhelming, especially for those who are already struggling to make ends meet.

Limited Insurance Options

Being classified as a high-risk driver can also limit an individual’s insurance options. They may be unable to obtain the same level of coverage as other drivers, and they may have to settle for expensive, limited coverage.

For example, a high-risk driver may only be able to obtain liability coverage, which covers damages to other people and their property in the event of an accident. This means that if the high-risk driver is at fault for an accident, they will not receive any compensation for damages to their own vehicle. This can be a major financial burden, as repairs or replacement of a vehicle can be costly.

Higher Premiums for Future Coverage

Individuals who are caught driving without insurance can also expect to pay higher premiums for future coverage. Insurance companies may view them as a higher risk, and as a result, they may charge them higher premiums for coverage.

This can be a major deterrent for individuals who are trying to get back on track after being caught driving without insurance. The higher premiums can make it difficult for them to afford coverage, which can lead to continued financial strain and potential legal consequences if they are caught driving without insurance again.

See penalties with driving without auto insurance in Oregon

Conclusion

Are you an uninsured motorist in Oregon? Driving without auto insurance is not only illegal but also extremely risky. It can leave individuals vulnerable to legal and financial liabilities that can have long-term consequences. The best way to protect oneself against these risks is to obtain the necessary auto insurance coverage.

In an auto accident and a party does not have auto insurance? Contact us today.

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Insurance Tips Before And After An Accident

Whenever you are in a motor vehicle, there is a risk of getting into an accident. Whether you are part of a minor fender bender or a big injury incident, knowing ahead of time what to do can prevent costly mistakes with your claim. Here we have discussed what to do after a collision so that when you notify your insurance and are seeking compensation, you receive the fair amount you deserve. Most people who are in auto accidents will sustain some degree of physical injury from impact, along with financial hardships from property damage and loss of wages.  Below are some helpful insurance tips. 

Uninsured? Read Oregon Uninsured Motorist Laws

Choosing the Right Insurance Policy

When purchasing your insurance, carefully look over your coverage before signing to assess if the policy limits, coverages, and deductibles are appropriate for your needs. After you get your policy, read over the declaration page, which will list the names of covered drivers and the vehicles insured. Make sure this information is correct, and if it isn’t, notify your insurer right away. Becoming familiar with your insurance company and policy is a great way to know what you are covered for if you have to file a claim. Read through your policy entirely and highlight the main points so you understand what is covered, and what is excluded. 

Immediate Actions to Take After an Accident

If you are in an accident, stop and move only if it is safe for you to do so. Call 911 so that anyone who is injured can get medical attention immediately. An officer will likely arrive at the scene, in which you can tell them what happened through your perspective. Stick to facts only and do not place blame, as that is something your insurance company is going to handle for you later. A police report will entail facts pertaining to the incident and can be influential in proving fault. 

Gathering Evidence and Witness Information at the Scene

Other elements of proof that will be useful include photographs of your visible injuries, property damage to both vehicles, glass or debris in the road, and the whole scene. Video footage helps as well. If there were bystanders or passengers who saw what happened, ask for their name and contact so your personal injury lawyer can reach out to them for a statement. Before leaving the scene, be sure to gather the following from the other driver:

  • First and last name

  • Driver’s license number

  • Current address

  • Phone number

  • Email

  • Insurance company name

  • Phone number for their insurance company

  • Vehicle license plate number

  • Vehicle description and color

Filing a Claim and the Importance of Legal Assistance

After you file a claim with your insurance company, they will reach out for more details regarding your injuries and any financial loss you accumulated. Your insurance may ask you to provide a written or recorded statement. But as our friends from Cohen & Cohen knows, it’s best to contact a lawyer before offering your statement. 

Unfortunately, insurance companies use this as a way to get claimants to make statements that will reduce the value of or allow them to deny the claim. Despite insurance companies supposedly being there when people need them, many find that it is exactly the opposite. For this reason, it’s wise to consider meeting with a legal team so that you are protected during this time. 

For more insurance tips, contact us!

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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.

Actions to be taken immediately after the car accident

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. 

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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

Oregon Work Auto Accidents

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.

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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.

What to do after getting hit by a drunk driver in Oregon

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.

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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. Do I need an Attorney?

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.

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Car Accident with No Insurance in Oregon

If you have suffered an injury in a car accident with no insurance in the state of Oregon, 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 Oregon 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 is an Oregon car accident attorney who 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 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.

Read more about Oregon No Fault State.

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.

 

car accident with no insurance

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. In an accident with an uninsured motorist in Oregon?

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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.

filing an accident report

Who Creates a Police Accident Report?

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

What is Included in a Police Report

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

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

Police reports may include such important details as:

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

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

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

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

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

Why are Police Accident Reports Important?

A police incident report is proof that an accident occurred.

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

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

Is Oregon an At-Fault State?

Yes, Oregon is an at-fault state.

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

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

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

when to file an accident report

What is an Oregon Traffic Accident and Insurance Report?

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

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

The Law Requires You to File an Accident Report If…

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

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

What Happens If a Report is Not Filed?

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

What About if Damages Were Under $2500?

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

Are Police Reports Admissible in Court?

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

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

the law requires you to file an accident report if

Why Seek Legal Representation After an Accident?

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

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