A sizable share of Oregon’s car accidents happen in Portland. The state’s annual Traffic Crash Summary includes separate categories for crashes in Portland, and the most recent report indicates almost 15 percent of all crashes statewide occurred within the city’s boundaries. Passengers make up a significant portion of people injured in Portland car accidents, and they frequently have trouble recovering compensation for their injuries.
If you were injured as a passenger in a car accident in Portland, Rizk Law is ready to fight for fair compensation for you. Founding attorney Richard Rizk is a former insurance company defense lawyer who knows the tactics insurers use to deny people the money they need to rebuild their lives. Armed with this insider knowledge and a relentless dedication to our clients, our Portland car accident attorneys protect the rights of injured drivers and passengers.
Learn more today by contacting our law firm for a free consultation with a Portland car accident lawyer.
What Are My Rights as a Passenger After a Car Accident in Portland?
While Oregon law requires all drivers to carry no-fault personal injury protection (PIP) coverage, Oregon is still a fault state. That means injured drivers and passengers have the right to file an insurance claim or lawsuit against whoever is liable for their injuries.
To recover compensation for your injuries as a passenger in a car crash, you must prove someone else’s negligence caused your injuries. In other words, you must prove they failed to take reasonable precautions to prevent your injuries. Depending on how the crash happened, the liable parties could include:
- The driver of another car – If the driver of the vehicle that hit you didn’t follow Oregon traffic laws, they could be liable for your injuries. For instance, if the driver who hit you had been drinking or was looking at their phone when the crash happened, either of those actions would likely qualify as negligence.
- The driver of the car you rode in – The driver of the vehicle in which you were a passenger may have acted carelessly and caused the crash, leading to your injuries. If they were speeding or following another car too closely, for instance, they would be likely liable for your injuries.
- The manufacturer of either car – Mechanical defects can cause accidents, and automakers may be liable for crashes resulting from these defects. For example, if either car involved in the accident had a defective brake system, the car’s manufacturer could be liable for your injuries.
- The employer of the driver who caused the crash – If the person driving the car you were riding in or the vehicle that hit you was working when the crash happened, their employer may be liable for your injuries. Employers are typically vicariously liable for employee negligence that happens on the job.
- Local or state government agencies – If the local or state government agency responsible for maintaining the road where the crash happened didn’t do its job, it could be liable for a crash. Common examples of government negligence include failing to repair or replace damaged road signs and failing to repair potholes or other roadway defects.
Your Right to Compensation After a Passenger Accident
As an injured passenger, you could have several options to recover compensation for your losses after a collision.
By law, all Oregon auto insurance policies must include at least $15,000 in personal injury protection (PIP) coverage. PIP benefits apply no matter who caused the accident, providing an easy way to cover your immediate expenses after a collision. So, if you have an Oregon auto insurance policy and were riding in your own vehicle, you could access your PIP coverage to cover accident-related expenses. If you were riding in someone else’s car, their PIP will cover your injuries.
However, PIP benefits may not cover all your losses from a crash, especially if you sustained severe injuries. If PIP coverage is not enough to pay for all your losses, you can file an insurance claim or personal injury lawsuit against the driver who hit you, the person in whose car you were riding, or any other liable parties.
While PIP benefits cover only your medical bills and lost wages, a negligence claim lets you seek compensation for a broader range of losses, including:
- Pain and suffering
- Reduced earning capacity due to an injury or disability
- Diminished quality of life
- Punitive damages against the liable party in cases of extreme negligence
Steps a Passenger Should Take After a Car Accident in Portland
Passengers injured in motor vehicle accidents sometimes have trouble recovering compensation for their losses, so it’s crucial to do everything you can to protect your health and legal rights. Here’s what to do if you were a passenger in a Portland car accident:
- Seek immediate medical attention. Even if you don’t notice any apparent injuries right after the crash, see a doctor anyway. You might have hidden injuries that could get worse or endanger your life if left undiagnosed and untreated. A doctor can evaluate you for these injuries. Seeing a doctor right away also establishes a clear documentary record of your injuries, which you’ll likely need later.
- Gather evidence. If you don’t have life-threatening injuries, take some time before leaving the accident scene to gather evidence. Ask the driver of the car you were in and any other drivers involved in the collision for their name, address, phone number, driver’s license number, and insurance information. It’s also a good idea to take photos and videos of the vehicles involved in the crash, any visible injuries you have, and the general crash scene.
- Get help from a Portland personal injury attorney at Rizk Law. The sooner you reach out to us for a free case evaluation, the sooner we can get started protecting your rights and building a solid case to seek maximum compensation for you.
- Do not discuss the accident. Insurance companies can use anything you say about the crash against you, so don’t discuss what happened with anyone other than an attorney from Rizk Law. Insurance companies can also find your social media feeds, so don’t post anything about the crash until your case concludes.
- Save your medical records and receipts. Your medical records can help prove how your injuries happened and their long-term impacts. Similarly, your medical bills and other receipts can help illustrate the crash’s financial implications. Save these documents for your passenger injury claim.
The Role of a Personal Injury Lawyer
As Portland car crash attorneys, it is our job to handle all the legal work in your case, allowing you to focus on your medical treatment and rebuilding your life. We will investigate the crash, identify the liable parties, explain your legal options, file an insurance claim for you, and negotiate for a fair settlement. If necessary, we can also take your case to trial and represent you in court.
Our track record of results for individuals injured in car crashes includes, for example, $900,000 for a woman who was pinned in her car after being broadsided by a commercial delivery truck driven by a distracted driver.
To find out more about previous clients’ experiences with Rizk Law, review our client testimonials. For example, one former client wrote, “Rizk Law was nothing but caring and professional and answered every question I had. They handled my case with care and always asked my opinion. If I need a lawyer in the future I will be back.”
Look Out for These Injuries
Passengers involved in Portland car accidents frequently sustain severe, potentially life-altering injuries, including:
- Traumatic brain injuries
- Spinal cord injuries, including paralysis
- Nerve damage
- Neck and back injuries
- Shoulder injuries
- Broken bones
- Internal bleeding
- Internal organ injuries
- PTSD and other mental health conditions
These and other serious injuries can require time-consuming and expensive medical treatment, potentially leading to a lengthy recovery period and time away from work and daily activities. They can be highly disruptive, and in some cases, car accident injuries can require permanent adjustments for victims and their families.
Frequently Asked Questions (FAQ) About Passenger Car Accident Claims in Portland
Q: What if the driver who caused the accident is uninsured?
A: Oregon law requires all auto insurance policies to include uninsured motorist coverage (UM). So, if you have an Oregon auto policy and were riding in your own car, you can file a claim with your insurer and use your uninsured motorist coverage to pay your bills. If you don’t have an Oregon auto policy, you might need to use your health insurance coverage or other means to cover your expenses. If you were riding in someone else’s car, you should be covered by their UM policy.
Q: How long do I have to file a car accident claim?
A: The statute of limitations for most Oregon car accident claims gives you two years from the accident date to file a lawsuit. If you wait too long to file a claim, you might lose your right to seek compensation, so don’t wait to talk to our attorneys.
Q: How much is my traffic accident claim worth?
A: Your claim’s value depends on your injuries, what the crash has cost you financially in medical expenses, how long your injuries are expected to last, your lost income, the extent of your pain and suffering, and other factors. Every case is different, but an experienced car accident lawyer from Rizk Law can investigate the crash and calculate the extent of your losses so we can seek maximum compensation for you.
Q: Can I handle the personal injury claim myself?
A: No law says you must hire a lawyer for a car accident claim. However, not hiring an attorney will most likely put you at a disadvantage when seeking compensation. Our lawyers understand the rules in these cases and know what evidence to look for to support your claim. Furthermore, you have enough on your plate after an accident. Let our attorneys protect your rights and fight for fair compensation while you rest and heal.
Confused About Getting Compensation? We Can Help!
Rizk Law knows the challenges injured passengers face after a Portland car accident. We want to help you fight for all the compensation you need. Call us today at (503) 245-5677 or complete our contact form for a free consultation about your potential personal injury claims.