If you’re based in Oregon and looking for legal assistance in relation to an injury or ordeal because of a car accident, choose Herron Law.
With 28 years of personal injury experience, the experts at Herron Law will help you to understand what to do after a car accident and how we can help.
Why Choose Herron Law?
With almost 30 years of experience across all Oregon courts, Herron Law is one of the successful and widely-respected personal accident lawyers in the state.
As well as car accident claims, we also cover truck accidents, motorcycle accidents and much more.
At Herron Law:
- Our lead attorney, Bart Herron, is among the Top 2% of lawyers in the US according to LinkedIn.
- We offer 100% free consultations.
- We won’t offer a feel until you win.
Not sure? See what our 2,000+ other clients have had to say about our service.
What Should I Do After a Car Accident?
The moments following a car accident can often be confusing and stressful, but it’s important to be aware that you must always remain at the scene.
Below is a list of the steps you’ll then need to follow in order of priority:
- Check For Passengers & Get Help: If you’re physically able, check on passengers and others involved in the incident. Then call 911 immediately if medical assistance is required. Avoid moving anyone who complains of back or neck pain unless there is an imminent emergency, like a fire, that puts them at greater risk. Moving someone with a potential spinal injury could cause further harm.
- Take Photos and Videos & Gather Evidence: Use your phone to document the scene of the accident, including all vehicles and individuals involved. Exchange names, driver’s license numbers and insurance details with all involved parties. Remember to avoid admitting fault or apologizing immediately, as an insurer may use this statement against you.
- Speak to Witnesses & Collect Information: Talk to witnesses and collect their contact details. Their testimony could support your claim and strengthen your compensation case.
- Seek Medical Attention to Protect Your Insurance Claim: Visit a hospital or urgent care facility promptly to assess and treat any injuries. Delaying medical care may give insurance companies the chance to argue that your injuries were not severe. Follow your doctor’s treatment plan to aid in speedy recovery.
- File Accident Report with DMV: Oregon law may require you to file an accident report with the DMV within 72 hours. Contact the police to get a copy of the official report, which will be necessary when submitting an insurance claim.
- Contact Your Insurance Company & Personal Injury Lawyer: Notify your insurance company with accurate details about the accident and cooperate fully. Be aware that your statements may be recorded. If you’ve sustained serious injuries, consider consulting a personal injury lawyer, like Herron Law, before speaking to an insurer extensively. A legal expert can help ensure you receive fair compensation. At Herron Law, we offer free consultations for injured persons.
How is a Fault Determined After an Accident?
Assigning fault in a car accident depends on several factors. However, the following elements can help clarify responsibility.
- Traffic Law Violations: Breaking traffic laws can indicate fault in an accident. Lawyers will assess any events leading up to the crash to determine whether any party violated the law. Traffic rules like running a stop sign, speeding, or driving under the influence apply universally, while others will vary by state or municipality.
- Issued Citations: The investigating police officer will record any traffic violations that occurred before the accident and provide an opinion on its cause. Insurance adjusters rely on police reports when determining fault. If officers don’t arrive at the scene, you can contact your nearest police station or call 911 if immediate assistance is necessary. Reviewing the report for errors and clarifying details with an officer is crucial.
- Collision Type: Rear-end collisions can often result in the rear driver being found at fault, as laws require maintaining a safe following distance. However, if the front driver braked unreasonably fast or had malfunctioning brake lights, they could share responsibility. Each case requires careful analysis of contributing factors.
- Accident Reconstruction Report: Accident reconstruction experts use scientific and engineering methods to analyze the crash. They determine the events leading up to the accident, contributing factors, and the level of fault for each party. These experts often assist in legal cases, insurance claims, and public safety investigations.
- Physical Evidence: Law enforcement and personal injury lawyers review physical evidence like skid marks, vehicle damage, and debris to reconstruct the accident. Visiting the crash site helps experts examine road conditions, traffic patterns, and environmental factors that may have contributed to the incident.
- Witness Interviews: Attorneys often interview witnesses to gather first-hand accounts of what they saw and heard before and after the accident. Witness testimony can provide valuable insights into how the crash occurred and the behavior of those involved.
What Damages Can I Claim After a Car Accident?
After a car accident caused by another at-fault party, you may be entitled to compensation for several types of damages.
These fall into two types of damage: Economic and non-economic. Any fair settlement should account for both.
Economic Damages
Economic hardships are a reality for those who suffer serious injuries. These injuries can often lead to financial instability.
Don’t face it alone. A skilled lawyer can help you receive the compensation you deserve.
Economic damages from car accident settlements often include:
- Medical Expenses: Compensation to cover hospital bills, physical therapy, doctor visits, medical tests, procedures, ambulance fees, in-home care services, and temporary or permanent disability.
- Lost Wages: Accidents can severely impact your ability to earn a living during and after your injury. This includes lost wages due to medical appointments, hospitalization, or physical limitations that prevent you from working. Both past and future wages lost should be precisely calculated with the help of a personal injury attorney.
Non-Economic Damages
Non-economic damages refer to any settlements that do not involve the loss of income or the cost of future bills.
- Pain and Suffering: This covers any mental or emotional distress caused by your injuries. Insurance companies will calculate this using a multiplier, adding a factor between 1.5 and 5, or more, to any economic damages. The final sum depends on the severity of the injuries and the negotiating skills of your attorney.
- Loss of Affection or Companionship: Serious injuries may prevent you from showing affection or maintaining relationships with a partner. This is also known as loss of consortium and is often claimed by the uninjured spouse or children. If a car accident results in death, the surviving family members may file a wrongful death lawsuit to seek compensation. These damages can apply to cases where a person suffers life-altering injuries.
Other Damages to Your Personal Case
Any damages for which you qualify will depend on your specific injuries, accident circumstances, and personal situation.
We strongly recommend speaking with a car accident personal injury attorney, especially if you have sustained significant physical injuries.
Herron Law is an expert car wreck attorney based in Portland that offers free consultations for your claim, making it worth your time to explore your legal options.
Ways Herron Law Can Help
Herron Law plays a key role in providing clients with legal representation while supporting families or survivors who have died due to the negligence or misconduct of another party.
Our key responsibilities include:
Case Evaluations:
- Free Initial Consultation: Your auto accident attorney will offer a free 30-minute consultation to understand the case details and determine its validity under wrongful death laws.
- Legal Advice: Herron Law will offer legal advice on the merits of a case, potential outcomes, and the steps involved in pursuing legal action.
Investigation:
- Gathering Evidence: Our attorney gathers evidence, including medical records, witness statements, and any other documentation that can prove negligence or wrongdoing.
Expert Consultation:
- Expert Advice: If needed, one of our attorneys will consult with forensic experts, medical professionals, and accident reconstruction analysts to strengthen your case going forward.
Filing the Lawsuit:
- Preparation of Legal Documents: The car accident attorney prepares and files the necessary legal documents to begin any claims.
- Court Representation: If a trial is necessary, the attorney will represent you, presenting any evidence and arguing the case before a judge.
Settlement Negotiation:
- Negotiating with Defendants: If there are any defendants involved in your car accident claim, we will negotiate with their insurance companies or use the court to reach a fair, legal settlement.
Who Pays for a Car Accident Lawsuit?
The payment for the claim will be dependent on the circumstances of the accident and where the fault lies.
For example, if a drunk driver is responsible for a car accident, then their car insurance may pay you for the damages.
If the offending motorist was working during the incident, on the other hand, his employer’s business insurance policy could be liable to pay for the losses.
Another avenue for obtaining compensation is through the defendant’s estate, provided they have substantial assets. If not, your compensation will solely come from any applicable insurance policies.
An insurance company will disburse the funds to you or a designated representative.
What Is a Fair Settlement for a Car Accident?
Determining a fair settlement for a car accident requires evaluating multiple factors unique to each case.
Compensation should fully cover both economic and non-economic losses suffered due to the accident. Several factors influence what is considered fair.
Medical Expenses:
- Current Medical Bills: Costs associated with hospital stays, surgeries, medications, rehabilitation, and other treatments received immediately after the accident.
- Future Medical Costs: Ongoing care or future surgeries related to accident injuries must be accounted for.
Lost Wages and Earning Capacity:
- Lost Income: Compensation is provided for time missed from work due to injuries.
- Reduced Earning Capacity: If the ability to work is permanently or temporarily affected, future earnings may be considered in the settlement.
Property Damage:
- Vehicle Repair or Replacement Costs: Expenses required to fix or replace the damaged vehicle.
- Personal Property Loss: Compensation is available for damaged personal items, such as electronics or jewelry.
Pain and Suffering:
- Physical Pain: The settlement should account for discomfort and limitations caused by injuries.
- Emotional Distress: Anxiety, depression, and other psychological effects resulting from the accident are factored into compensation.
Loss of Consortium:
- Impact on Relationships: If injuries negatively affect relationships with a spouse or family, compensation may be awarded.
Permanence of Injuries:
- Disability or Disfigurement: Higher compensation is often given if the accident results in long-term disability or visible scars.
- Impact on Quality of Life: Limitations on daily activities and overall enjoyment of life are taken into account.
Degree of Fault:
- Liability: The settlement may be reduced if partial fault is assigned to the injured party.
- Comparative Negligence Laws: These laws, which vary by state, determine how fault affects compensation.
Insurance Policy Limits:
- Defendant’s Insurance Coverage: The amount available is limited by the at-fault driver’s insurance policy.
- Underinsured Motorist Coverage: If the responsible party’s insurance is insufficient, personal insurance coverage may help cover additional losses.
Your Personal Injury Lawyer:
- Attorney’s Skill: An experienced auto accident lawyer can negotiate effectively and may secure a higher settlement.
- Evidence and Documentation: Well-documented damages strengthen the claim and increase the likelihood of a fair settlement.
There is no universal formula for settlements, but economic damages (medical bills, lost wages, and property damage) are typically totaled first. Then, non-economic damages (such as pain and suffering) may be calculated using a multiplier, which typically ranges between 1.5 and 5. Insurance companies use different methods, so amounts vary widely.
A fair settlement should fully address all financial, physical, and emotional impacts of the accident. Both immediate and long-term consequences must be carefully considered before accepting any offer.
What Steps Do I Need to Take to Settle an Accident Claim?
After a car accident, you should take the following steps – provided you are medically well and not in immediate danger.
File an Official Police or DMV accident report:
- This should be filed with the DMV within 72 hours of the accident. If the police respond to the scene, they will complete the police report. You should get a copy of this document – if the accident was due to the other driver’s negligence, this will be strong evidence on your side.
Gather Strong Photographic & Video Evidence:
- If you are physically able to do so, you should take photographs with your cell phone of everything related to the accident – damages, injuries, positions of the vehicles involved, etc.
Record Statements from the Other Driver:
Collect Witness Testimonials & Contact Information:
- Collect the contact information and statements of all accident witnesses. Memories fade with time, so get a statement from the witnesses as soon as you can. Write down everything they tell you.
Keep a Post-Accident Diary for Documentation:
- Keep a diary after the crash of all expenses, travelling, the pain and suffering that you experience, your injuries, as well as lost work time and loss of enjoyment of life activities.
Request & Organize All Medical Records & Bills:
- Organize all medical records, bills, reports, handouts, and business cards in the separate injury case folder. Keep all empty medication bottles.
Save All Information from Insurance Companies:
- Keep all correspondence from all insurance companies. Print every email, letter, record, and mail from both insurance companies and place them in your injury folder.
Why Do I Need to Hire a Lawyer After a Car Accident?
It’s important to look for an experienced car accident attorney, like Herron Law, that has experience handling your type of car wreck injury claim.
This is because insurance companies tend to prefer settling cases with lawyers who can cause them long, drawn-out, and costly trials.
Meet with your lawyer to discuss your case before hiring them. If you like your attorney, there’s a high chance the jurors probably would too.
Having several choices of auto accident lawyers ready will increase your chances of securing legal representation and avoiding a scheduling conflict.
Awards & Associations
At Herron Law, we are dedicated to our clients.
We were voted one of the top 100 personal injury lawyers and top 25 attorneys in Oregon, 2016 – 2024, by the National Trial Lawyers Association.
Our other awards include:
- 2015 Best Client Satisfaction Award (American Institute of DUI/DWI Attorneys).
- 2015 Premier Trial 100 Attorneys Oregon (American Academy of Trial Attorneys).
- 2015 Nationally Ranked Superior DUI Attorney (NAFDD).
- Oregon’s 10 Best Client Satisfaction Award (American Institute of DUI/DWI Attorneys).
Frequently Asked Questions (FAQs)
After a car accident, an insurer will ask several questions that it’s important to prepare for. They’ll ask what happened during the accident and who was at fault. They’ll then ask for any witnesses and the extent of the damage incurred. Next, they’ll ask if anyone has sustained any injuries or whether you’ve filed a police report. Finally, they’ll ask what level of coverage you have on your insurance.
A low-impact car accident often involves minimal impact to vehicles, often characterized by low speeds under 10 – 15 mph. Common examples include minor fender benders or parking lot collisions.
These accidents can result in little or no injury, so they can sometimes make insurance claims less complicated with lower repair costs.
When making an injury claim, people often make the mistake of accepting the first claim offer they’re provided or settling too quickly. An expert car accident lawyer will help you choose the right time to settle or assess the right time to go to court.
If you’re hit by an uninsured driver, you have several options. First, you can file for uninsured motorist coverage with your own insurance. Next, you can use personal injury protection for any medical expenses and sue for legal action against the uninsured driver. If the collision is small, superficial, and nobody has been hurt, it may be possible to discuss payment with the driver directly.
Negligence in a car accident case involves four key elements. The driver has a legal obligation to drive safely, and it could be a breach of negligence if a party violates this duty through reckless or careless action. If this breach of negligence directly caused the accident and the accident resulted in measurable harm or loss, this also counts as negligence.
As a passenger in a car accident, your rights include compensation from an at-fault driver’s insurance and the right to access necessary medical treatment for injuries. Your witness testimony can support your claims, and you can bring a lawsuit for damages.
To file a police report for a car accident, first call the police to the scene. Next, provide essential details, including the location, parties involved, and any injuries. Obtain a copy of the report from the responding officer or local police department afterwards. Ensure you have your insurance information readily available.
Knowing the statute of limitations for car accidents is crucial because it dictates the timeframe you must file a lawsuit for injuries or damages. Missing this deadline could prevent you from seeking fair compensation for repairs, lost earnings, and more. Understanding this can help protect your legal rights.
In Oregon, you usually have two years from the date of the car accident to file a personal injury lawsuit. For property damage claims, the timeframe is also two years. It’s crucial to adhere to these deadlines to protect your rights and ensure you can claim compensation.
At Herron Law, we handle a range of car accident cases, including rear-end collisions, head-on accidents, side-impact crashes, and accidents involving uninsured or underinsured drivers. We also handle cases involving distracted driving, drunk driving, and reckless behavior.
Contact us today to schedule a free 30-minute consultation.
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