Lake Oswego Car Accident Attorney

Representing Car Accident Victims Throughout Clackamas County

Lake Oswego might seem serene, given its natural beauty, but its proximity to major thoroughfares like I-5 and Willamette Drive means residents often contend with heavy traffic and, unfortunately, frequent car accidents.

Oregon sees around 20,000 people annually sustain injuries from non-fatal car accidents, ranging from life-altering injuries to more common, yet severe, conditions like concussions and fractures. If you’re a victim of a car accident caused by someone else’s negligence, you need a staunch advocate. Lance D. Youd is an esteemed and experienced auto accident attorney in Lake Oswego, and is dedicated to securing comprehensive compensation for the victims of auto accidents throughout Clackamas County and the Willamette Valley.

With decades of expertise, Lance has a deep understanding of the tumult a post-accident recovery period can present, including physical and emotional pain. He is committed to fighting for his clients and striving to ensure justice leads to rightful compensation.

Common Causes of Car Accidents in Oregon

Car accidents in Lake Oswego, as in other places, can happen for a number of reasons. While not every accident has an at-fault driver involved, negligent or reckless driving often plays a pivotal role. Examples of this kind of recklessness can include:

• Drunk Driving: Everyone knows you shouldn’t drink and drive, and despite widespread awareness campaigns, drunk driving persists.  Drug and alcohol use significantly impairs responsiveness and decision-making capabilities which drastically increases  the likelihood of accidents.
• Distracted Driving: While less notorious than drunk driving, this kind of recklessness is far more prevalent. It only takes a split-second distraction to cause an accident. Distractions like texting or changing the music in one’s cer can momentarily divert a driver’s focus, potentially leading to catastrophic outcomes.
• Speeding: Life is stressful and many people try to make up for lost time by rushing in traffic. Excessive speeding shortens a driver’s reaction time which is crucial for avoiding unexpected obstacles like pedestrians or cyclists.
• Traffic Violations: Disregarding traffic laws, weaving through lanes without proper signaling, or ignoring other traffic signals, exacerbates the risk of accidents.

Victims don’t need to establish criminal behavior or intentional misconduct—negligence alone is sufficient to file for and prevail in a personal injury claim.

Establishing Fault in Oregon Car Accidents

Oregon largely adheres to a “fault-based” system for car accidents. This framework holds negligent drivers accountable for victims’ damages. Moreover, Oregon’s “modified comparative fault” rule comes into play if a case escalates to court, requiring a jury to assess each party’s percentage of fault, adjusting compensation accordingly. Notably, recovery is barred if a plaintiff’s fault exceeds 50%.

For example, if Jane is injured in a car accident by someone who ran a red light, but the driver asserts that Jane was speeding when s/he hit her, an argument can be made that Jane is partially at fault. If the jury finds that she was partially at fault and that she suffered $100,00 in damages, she would only be awarded $80,000 (assuming her part of the fault was 20%). 

Recoverable Damages in Oregon Car Accident Lawsuits

Oregon law categorizes compensatory damages into economic and non-economic types:

Economic Damages

Economic damages awarded cover measurable losses like past and projected future medical expenses, rehabilitation and therapy costs, lost wages, reduced earning capacity, and property repair costs.

Non-Economic Damages

Non-economic damages awarded in lawsuits compensate for subjective losses like pain and suffering, emotional distress, disfigurement, and diminished quality of life. Oregon courts typically determine these by applying a multiplier to the economic damages.

What Are Punitive Damages?

Punitive damages are awarded in legal cases to punish a defendant for especially harmful, reckless, or intentional misconduct, and to deter similar actions in the future. They are not meant to compensate the plaintiff, but rather to serve as a penalty against the defendant. A Lake Oswego accident lawyer, like Lance Youd, can help you to understand this concept as it applies to your specific circumstances. 

In the context of a car accident in Oregon, punitive damages might be pursued if the defendant’s behavior was particularly egregious or malicious. For example, if a driver caused an accident while driving under the influence of alcohol or drugs, or if the driver was engaging in extremely reckless behavior like racing on public roads, a court might consider awarding punitive damages. However, punitive damages are not commonly awarded in standard negligence cases like typical car accidents and often the penalty is paid to the state.