Lake Oswego Car Accident Attorney

What Are the Most Common Reasons for Car Accidents in Oregon?

Car accidents occur for a variety of reasons. In some cases nobody is really at-fault. But oftentimes negligent or reckless actions by a driver played a critical role. Here are just some examples:

• Drunk driving. We all know that you should never drink and drive. Yet far too many people do it. Alcohol (or drug) consumption makes a person less responsive behind the wheel and impairs critical thinking, which makes a car accident far more likely.
• Distracted driving. While drunk driving tends to draw the most attention, distracted driving is actually a far more common problem. Seemingly benign actions like glancing at a phone or talking with a passenger can divert a driver’s attention for a split-second–and lead to a horrific crash.
• Speeding. People are often in too much of a hurry to get to their destination. The problem is that driving at an excessive speed reduces the amount of reaction time that a driver has to avoid a potential collision. This is particularly true when a driver needs to avoid a pedestrian or bicyclist who may not appear in the driver’s view until it is too late.
• Other traffic violations. The rules of the road are there for a reason–to keep everyone safe. Drivers who weave in-and-out of traffic, ignore stop signals, or execute illegal turns are far more likely to strike another vehicle or pedestrian.

Remember, to prevail in a personal injury lawsuit you do not have to prove that a driver acted intentionally or committed a crime. You only need to prove negligence. Any of the actions described above meet that standard.

How Does Oregon Law Determine Fault for a Car Accident?

Oregon is mostly a “fault-based” state when it comes to car accidents. In simple terms, a negligent driver can always be held responsible for a car accident victim’s damages. But if your own insurance policy includes Personal Injury Protection (PIP) coverage, you can first seek certain “no-fault” benefits for your initial damages regardless of who was responsible for an accident.

Oregon also follows a “modified comparative fault” rule in personal injury cases. This means that if a car accident case goes to court, the jury must determine the relative fault of all of the parties involved, including the plaintiff. The jury apportions fault by percentages. The judge must then reduce the total amount of the plaintiff’s damages to account for their share of the fault.

To give a simple example, say Jane is injured in a car accident caused by a driver who ran a red light. The driver argues in court that Jane was speeding at the time and that contributed to the accident. The jury agrees that Jane was at-fault and that she suffered $100,000 in damages. The defendant would only have to pay Jane 80 percent, or $80,000.

The “modified” part of Oregon’s comparative fault rule is also important to understand. Basically, a plaintiff in a car accident lawsuit can only recover damages if they were not more than 50 percent at-fault. Put another way, if the accident was mostly the plaintiff’s fault, they walk away with nothing, even if the defendant’s negligence also played a contributing role.

What Damages Can You Recover in an Oregon Car Accident Lawsuit?

Damages reflect the monetary value of a person’s losses due to a car accident. Oregon law divides compensatory damages into economic and non-economic categories. Economic damages can include all of the following:

• Past medical bills;
• Projected future medical bills;
• Rehabilitation and therapy costs;
• Wages lost due to time missed from work;
• Estimated future reduction of the victim’s earning potential; and
• The cost of repairing or replacing any damaged property, such as the victim’s car.

Non-economic damages include losses that are difficult to measure in pure dollar terms. Oregon courts will often determine the amount of non-economic damages by applying a “multiplier” to the amount of economic damages awarded. The most common types of non-economic damages include:

• Pain and suffering;
• Mental anguish and emotional trauma;
• Compensation for permanent scarring or disfigurement; and
• Overall loss of enjoyment of life.

There are special rules that apply to certain awards of non-economic damages in Oregon. So it is always critical to work with an experienced car accident attorney who can review your case in detail and advise you appropriately.

Do Not Delay in Contacting a Lake Oswego Car Accident Lawyer

Anytime that you are involved in a car accident where someone is injured, you must notify local law enforcement. The police can prepare an official accident report, which often provides valuable information should you need to seek compensation through either your PIP coverage or a personal injury claim against another driver.You should also not hesitate to contact a qualified Lake Oswego car accident attorney as soon as possible after a crash. Attorney Lance D. Youd has been representing accident victims just like you for three decades. Let him put that knowledge and experience to work for you. Contact his office today at (503) 399-8967 to schedule a free case review.