Drivers have an obligation to obey traffic laws, pay attention to the road, and make responsible decisions to ensure the safety of themselves and everyone around them. Unfortunately, reckless errors, such as failing to check for oncoming traffic before turning, can lead to serious collisions.
If you or someone you love suffered severe or fatal injuries due to another driver’s careless behavior, a Portland failure to yield accident lawyer can help you seek financial recovery. Contact Ben Crump Law, PLLC today at (844) 730-0233 to speak with our legal team about your case.
The Dangers of Failure To Yield Accidents
According to the National Highway Traffic Safety Administration (NHTSA), more than 6,000 fatalities occur each year in the U.S. at intersections controlled by stop signs and traffic lights. Of the over 1,500 fatalities that occur in two-vehicle accidents at intersections each year, failure-to-yield collisions accounted for nearly one-third.
The NHTSA notes that failure to yield accidents usually consist of a driver making a left turn into oncoming traffic, resulting in a side-impact collision. This type of accident often leads to serious or fatal injuries, particularly for vehicle occupants sitting on the side at which the impact occurs.
According to the Oregon Department of Transportation (ODOT) approximately 60,000 car accidents occurred in Oregon in 2016, leading to more than 44,000 injuries. Of the top ten driver errors that led to collisions, failure to yield came in fourth behind failure to maintain lane, running off the road, and failure to avoid a stopped or parked vehicle.
If you or your child suffered injuries in a Portland accident caused by a driver who failed to yield the right-of-way, an attorney can help you seek damages.
For a free legal consultation with a failure to yield lawyer serving Portland, call (844) 730-0233
Establishing Fault in Your Failure to Yield Accident Case
The State of Oregon has a hybrid auto insurance system that requires all drivers to carry a minimum of $15,000 of personal injury protection (PIP) coverage, which they can use to cover their injuries regardless of who caused the accident. Aside from this single no-fault provision, Oregon functions primarily as a tort state, allowing drivers to choose to file a claim against the at-fault party in the accident instead of with their own insurance.
Proving Negligence
To file a claim against the driver who caused your accident, you must first prove that the driver’s actions meet all four criteria for legal negligence.
- The driver had a duty of care to you, or an obligation to exercise reasonable caution to maintain your safety.
- Through an intentional act or by failing to act, the driver breached their duty of care.
- Their breach of duty caused your injuries or the loss of your loved one.
- Your injuries or loss led you to incur substantial damages
An attorney can help you collect the appropriate information to prove negligence in your case.
Types of Evidence That Can Help Your Case
Certain types of evidence from your accident can help you build your case, establish liability, and pursue financial recovery from the at-fault driver. Some of the items that may prove beneficial include:
- Photos and videos from the scene of the accident, particularly of skid marks, property damage, debris, and injuries
- Medical records and billing statements
- Police reports
- Cell phone records
- Eyewitness accounts.
A Portland failure to yield accident lawyer can gather the evidence you need and seek compensation from the at-fault party on your behalf.
Portland Failure to Yield Lawyer Near Me (844) 730-0233
Financial Awards in Failure to Yield Accident Cases
The types and amounts of financial awards that you may qualify for depend on the details of your case, such as the severity of your injuries, whether or not you had to miss work, the extent of your financial losses, and the availability of insurance coverage. They may include compensation for:
- Medical bills
- Lost wages
- Loss of future wages
- Property damage
- Pain and suffering
- Funeral and burial expenses
A lawyer can evaluate your damages and seek adequate financial awards for you.
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Oregon Statutes of Limitations on Personal Injury Lawsuits
Victims of car accidents and the family members of those who suffer fatal injuries have a right to file claims against the driver who caused the collision. However, Oregon has specific time frames, known as statutes of limitation, during which claimants can settle a claim or file a lawsuit.
In general, victims can file personal injury claims to pursue financial recovery from the at-fault party within two years of the date of their injury, and families can usually file a wrongful death claim for damages incurred by the fatal injury of their loved one within three years from the date of their loved one’s passing. A Portland failure to yield accident lawyer can determine how much time you have left to file and get started as soon as possible to help you avoid potential delays in the process.
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Contact Ben Crump Law, PLLC Today
At Ben Crump Law, PLLC, our attorneys understand how overwhelmed you may feel about managing your claim, especially during this difficult time. We can help by investigating your case, establishing liability, and seeking just compensation for your injuries on your behalf.
We work on a contingency fee basis, so you do not owe us any fees unless we achieve financial recovery in your favor. Call us today at (844) 730-0233 to talk to our legal team about your free case evaluation.
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