How Distracted Driving Claims Are Handled in Oregon

Distracted driving remains one of the leading causes of traffic accidents in Oregon, contributing to severe injuries and fatalities each year. For those involved in a crash caused by a distracted driver, understanding how claims are handled and knowing how to gather evidence can make a significant difference in achieving fair compensation. This guide explains Oregon’s distracted driving laws, the claims process, and actionable tips for building a strong case.

Distracted Driving in Oregon: An Overview

Oregon law prohibits drivers from using handheld electronic devices, such as cell phones, while operating a motor vehicle. Known as the “hands-free law,” it requires drivers to use hands-free accessories if they need to make calls or use navigation apps. Violations of this law can result in fines ranging from $130 to $2,000 for repeat offenders (Departamento de Transportes de Oregón).

Statistics on Distracted Driving in Oregon

• ODOT’s Distracted Driving Awareness Campaign (2022): From 2015 through 2019, there were 1,920 crashes in Oregon involving drivers using cell phones, resulting in 20 fatalities and 1,880 injuries. When considering all types of distractions, 23,783 crashes led to 158 fatalities and 23,403 injuries during the same period. (GovDelivery)
• According to a 2023 report by the National Highway Traffic Safety Administration (NHTSA), distracted driving accounts for approximately 9% of all fatal crashes nationwide. (NHTSA)

How Distracted Driving Claims Are Handled in Oregon

Oregon’s comparative negligence laws come into play when filing a personal injury claim after a distracted driving accident. Under these laws, each party’s level of fault is assessed, and compensation is adjusted accordingly. Your compensation will be reduced by your percentage of fault if you are less than 51% at fault. For example, if you are 20% at fault and your damages total $10,000, you can recover $8,000.

How Distracted Driving is Proven

To successfully file a claim, you must prove that the other driver’s distraction directly caused the accident. Common forms of evidence include:

1. Phone Records: Subpoenaing the at-fault driver’s phone records can reveal whether they were texting or making a call at the time of the crash.
2. Eyewitness Testimony: Statements from witnesses who observed the driver’s distracted behavior can strengthen your case.
3. Dashcam Footage: Video evidence from your vehicle or nearby security cameras can provide critical proof of distracted driving.
4. Police Reports: Officers often document whether distracted driving contributed to the accident in their official reports.

Tips for Gathering Evidence After a Distracted Driving Accident

1. Document the Scene Immediately

Take photos of the accident scene, vehicle damage, and any visible injuries. Pay special attention to capturing any signs of distraction, such as an open phone app on the other driver’s screen.

2. Obtain Witness Information

Speak with anyone who witnessed the crash and collect their contact details. Witness statements can be invaluable in corroborating your claims.

3. Request the Police Report

Ensure you file a police report and request a copy as soon as it’s available. Police reports often include important details about the cause of the crash.

4. Subpoena Phone Records

If you suspect the other driver was texting or using their phone, work with your attorney to obtain their phone records. This can provide definitive proof of distracted behavior.

5. Secure Dashcam Footage

If your vehicle or a nearby establishment has dashcam or security camera footage, obtain copies as soon as possible before they are overwritten.

6. Work with an Expert Witness

An accident reconstruction expert can analyze the scene and testify how distracted driving contributed to the crash.

Distracted Driving Incidents in Oregon

Clackamas County Crash (2023)

A driver in Clackamas County was fortunate to survive a dramatic crash on Highway 224 near SE Tong Road. The incident was attributed to distracted driving. (Facebook)

Hermiston High School Display (2017)

As part of a distracted driving safety campaign, the crashed vehicle of 19-year-old Alexxyss Therwhanger was displayed at Hermiston High School. This initiative aimed to raise awareness about the dangers of distracted driving. (GovDelivery)

Portland Apartment Crash (2024)

On Christmas Eve, an SUV crashed into a Portland apartment building, causing a massive fire after damaging a natural gas meter. This property had experienced nearly 30 car accidents over the years, with many attributed to distracted driving. (New York Post)

Portland Police Crackdown (2024)

In response to a fatal hit-and-run involving a cyclist on Northeast Glisan Street, the Portland Police Bureau and Oregon State Police initiated a crackdown on distracted driving. This effort resulted in numerous citations and arrests, highlighting the prevalence of distracted driving in the area. (The US Sun)

What Compensation Can You Recover?

Victims of distracted driving accidents in Oregon may be eligible to recover the following damages:

• Gastos médicos: Coverage for hospital bills, physical therapy, and future medical needs.
• Lost Wages: Compensation for time missed from work due to the accident.
• Pain and Suffering: Damages for physical pain and emotional distress.
• Property Damage: Reimbursement for vehicle repairs or replacement.

The Role of Legal Representation

Distracted driving claims can be complex, especially when proving liability. An experienced personal injury attorney can:

• Help gather and preserve evidence.
• Navigate Oregon’s comparative negligence laws.
• Negotiate with insurance companies to secure fair compensation.
• Represent you in court if a settlement cannot be reached.

Protect Your Rights After a Distracted Driving Accident

Distracted driving is a preventable cause of accidents, yet it continues to endanger lives on Oregon’s roads. If you’ve been involved in an accident caused by a distracted driver, understanding the claims process and gathering strong evidence can make all the difference. At DuBois Law Group – PDX Injury Law, our abogados expertos en lesiones personales are here to help. Contact us today for a free consultation and let us guide you through the legal process to secure the compensation you deserve.