If you are in a rear-end collision on Portland roads, you have the right to claim compensation for your injuries if the other driver is responsible for the crash. However, proving liability in rear-end accidents can be complex — especially if the rear driver is not the one who caused the crash.
Tillmann Law can help. Our Portland accident attorneys have handled complex car accident claims for several years, and we have the strategies, resources, and legal experience you need to prove your right to damages.
Since Oregon follows a fault-based insurance system, the person responsible for the accident must pay for your damages. If you can establish that you did not cause the accident, you have three legal options to seek compensation.
To establish liability in a rear end accident claim, you will need to prove four important elements.
Based on these elements, either driver may be liable for a victim’s damages if his or her actions directly caused the accident. In some cases, the court may reduce your award if it believes you share a portion of the liability.
For example, say that someone crashes into the rear of your vehicle while drinking and driving, and you seek $50,000 in damages. The court discovers you were texting at a green light at the time of the crash and assigns you 30% of the liability. Oregon’s modified comparative negligence law will decrease your settlement to $35,000. If the court assigns you 51% of the liability or higher, you will receive no compensation.
Although many people consider rear-end accidents to be minor, they have the ability to cause serious, debilitating injuries. Some of the most common injuries rear-end accident victims face include the following.
Many of these injuries require surgeries, hospital visits, medications, and more — and an insurance claim or personal injury lawsuit can help you pay for these necessary treatment costs.
All car accidents can cause serious harm, including rear-end collisions. If you are struggling with the aftermath of a Portland collision, the injury attorneys at Tillmann Law can help. We are passionate about serving the needs of injured people throughout Oregon, and we have the willpower, resources, and knowledge to pursue your case to the furthest extent possible.
Contact us today to schedule your free consultation. Your attorney will discuss your legal options and help you determine your next steps.