If you are in a passenger car that gets into an accident in Oregon, you are likely to be injured. A 2024 Oregon Department of Transportation report shows that car accidents in Oregon resulted in more than 36,000 personal injuries in a recent year.
When someone else causes a car accident that leaves you injured and out of work, you may be owed compensation for your medical bills and other expenses. Under Oregon car accident laws, the driver who is at fault for an accident is responsible for any harm that results. An experienced personal injury lawyer can help you demand full accountability from the at-fault driver’s auto insurance.
Auto insurance companies are focused on turning profits and limiting the amount paid out to settle accident claims. When you make a personal injury claim, an insurance company may offer a quick, low-ball settlement to try to limit its liability. But the offer is unlikely to cover all your losses and expenses.
At Rizk Law, our Portland personal injury lawyers understand auto insurers. We stand up for people who have been seriously injured and need fair insurance settlements. Law firm founder Richard Rizk previously worked as an injury claims defense attorney for some of the country’s largest insurers. He has extensive knowledge of how insurance companies approach injury claims. He uses that insight to the advantage of the injury victims that Rizk Law represents
The personal injury lawyers at Rizk Law know what it takes to get insurers to pay fair compensation to accident victims. If you are dealing with injuries, medical bills, and other losses caused by another motorist, contact Rizk Law today for a free consultation with a Portland personal injury attorney. We will provide a straightforward assessment of your accident and explain your legal options for pursuing compensation.
Types of Passenger Car Accident Injuries
The violent force of a motor vehicle accident can cause many types of injuries. Many people sustain injuries from the impact of being slammed against airbags and shoulder restraints. Our law firm assists car accident victims who have suffered injuries such as:
- Whiplash. This is a sudden-impact injury in which the sudden back-and-forth motion damages muscles, ligaments, and disks in the neck and upper spine. Rear-end car accidents are the most common cause of whiplash, which can be extremely painful. Whiplash usually heals with rest, but some victims suffer chronic pain.
- Head injuries. Any blow to the head can cause some level of traumatic brain injury (TBI). A concussion may clear up after a few weeks of reduced activity, but a serious brain injury can damage motor and sensory skills, speech, and mental processes and be debilitating. People with severe TBI may require ongoing medical care and assistance.
- Spinal cord injuries. A spinal cord injury is damage to any part of the spinal cord or the nerves at the end of the spinal canal. Catastrophic injuries to the back and neck can damage the spinal cord and cause loss of sensation and mobility (paralysis). Paralyzed car accident victims typically rely on walkers or wheelchairs.
- Broken bones. The impact of a car accident can easily fracture a leg, arm, collarbone, or ribs. Broken ribs that become displaced and tear into internal organs can be particularly dangerous. A passenger ejected from a car is at risk of the vehicle landing on top of them and crushing bones.
- Soft tissue injuries. Cuts (lacerations), bruises (contusions), sprains, strains, and tears can injure skin, muscles, tendons, and ligaments. Profuse bleeding from deep lacerations can cause the victim to go into shock if not treated quickly. Serious soft tissue injuries such as torn muscles or ligaments can require reparative surgery followed by rehabilitation to recover the use of injured limbs, feet or hands.
What Rights Do Injured People Have In Oregon Passenger Car Accidents?
Oregon car accident laws establish a fault system for personal injury claims. Injured parties can hold the driver at fault for a car accident financially accountable for the harm they have caused. If you have been injured because of someone else’s negligence — careless or reckless driving that caused a car accident — you have the right to seek a financial recovery for your losses. This may include payment for:
- All medical expenses connected to the accident
- Lost wages due to injuries and/or lost earning capacity
- Physical pain and anguish
- Emotional trauma
- Reduced quality of life caused by disabilities or disfigurement.
Oregon requires car owners to maintain liability insurance that pays up to $25,000 per person for bodily injury in a car accident, $50,000 per crash for bodily injury to others, and $20,000 per crash for damage to others’ property.
Oregon also requires passenger car owners to maintain at least $15,000 worth of personal injury protection (PIP) per person as part of auto insurance policies. PIP insurance covers the medical bills of the driver and all other occupants of their vehicle, regardless of fault.
A person who has been injured in a car accident can usually make a claim against the at-fault driver’s liability insurance. If you were a passenger, you should be covered by the PIP insurance of the driver. You should not be reluctant to file a claim against PIP insurance policy held by a friend, family member, or co-worker. If the driver of a second vehicle caused the motor vehicle accident and your injuries, you may have a right to file a claim against their auto liability coverage as well.
Oregon’s Comparative Fault Laws and a Personal Injury Claim
When Oregon courts award compensation in personal injury cases, they follow a doctrine of modified comparative negligence. Under this rule, the compensation you recover in a jury award is reduced if the jury determines that you bear a portion of fault for the accident.
For example, if the jury determines that you are 25% responsible for your injuries, a jury award of $100,000 would be reduced to $75,000. Under Oregon’s system, if you are 51% or more to blame for the accident or your injuries, you are barred from recovering compensation from others involved in the accident.
How would a passenger injured in a car crash be responsible for a car accident? An insurance company might argue that you were at fault if you:
- Distracted the driver
- Physically obstructed the driver, such as by grabbing their arm, covering their eyes, or injuring them. A passenger who was sitting close to the driver might be accused of obstructing them and contributing to an accident.
- Took control of the vehicle, such as by grabbing the steering wheel
- Rode with a driver who you knew or should have known was impaired by alcohol, drugs or fatigue
- Rode with an unlicensed driver.
- Rode with the driver in an area off limits to automotive traffic, such as because of a forest fire or another emergency.
It’s important to have an experienced personal injury attorney who knows how to mitigate the impact of any evidence that you contributed to the accident.
Protect Your Rights after an Oregon Car Accident
If you have been injured in a car accident, it is important to act promptly to protect your options for seeking compensation. After a car accident, you should:
- Report the crash to law enforcement.
- Get a copy of the accident report.
- Get medical care and follow your doctor’s treatment plan.
- Obtain copies of medical records of your injury treatment and rehabilitation.
- Keep all bills, invoices, and receipts for expenses you incur because of the accident.
- Gather pay stubs or tax documents to document lost or reduced wages.
- Contact a car accident injuries attorney with Rizk Law in Portland as soon as possible to start gathering evidence and pursuing insurance claims.
Seeking Legal Representation After a Passenger Car Accident
As soon as you contact Rizk Law, our injury lawyers in Portland will begin investigating the accident to establish your right to seek compensation for your injuries. We’ll build a personal injury case based on evidence from:
- Police crash reports
- Arrest/citation records
- Accident scene photos and videos of vehicle damage, skid marks, and other details
- Traffic camera or dashcam footage
- Witnesses
- Driver cell phone records
- Vehicles’ black box event data recorders.
We often work with accident reconstruction experts who use scientific principles to recreate the crash’s events and identify responsibility for the crash. Their presentations offer compelling evidence in settlement negotiations and in court.
We will present our evidence and demands for damages to insurers who have extended coverage to the at-fault driver. If we cannot negotiate a settlement that you find acceptable, we will pursue a personal injury lawsuit on your behalf and present a persuasive case in court.
Contact a Car Accident Injuries Lawyer in Portland Today
If you were injured in a crash caused by another motorist, you may have the right to seek compensation for your losses. Contact Rizk Law today for a free consultation with a knowledgeable Portland car accident injuries attorney. Let us explain how our experienced legal team can help you pursue the full compensation you need to move forward.