Getting into a car accident can be both frightening and cause you serious injury. These injuries may leave you recovering at home or in a hospital for a long time and may involve serious surgery or physical therapy.
In particular, a head-on collision can be quite dangerous, and in some instances, even be fatal. According to a 2017 report by the National Highway Traffic Safety Administration (NHTSA), head-on collisions accounted for 10.1% of all fatal accidents that year.
If you have suffered injuries due to a head-on collision in Portland due to another driver’s negligence, then you may want to pursue a case against them. However, handling a personal injury case while recovering from severe injuries can be a difficult task.
You can choose to work with a Portland head-on collisions lawyer from Ben Crump Law, PLLC. Call our team at (800) 598-7557 to see how we can assist you with your head-on injury case.
Compensation for Head-On Collisions in Portland
Those who are involved in a head-on collision and suffer injuries due to another driver’s negligence are eligible to receive compensation for said injuries. There are several things which you can use these damages for, including:
- Pain and suffering that you endure because of the accident, including both physical and emotional
- Medical bills including those for hospital stays and surgeries resulting from your injuries
- Ongoing care costs for treatment you receive after your accident, like physical therapy, doctor’s visits, and prescriptions
- Wages lost from your inability to work because of the injuries you suffered
- Vehicle damage which was caused by the head-on collision
Our team can also assess what other types of damages you may be able to receive based upon the injuries you have suffered.
For a free legal consultation with a head-on collisions lawyer serving Portland, call (800) 598-7557
Causes of Head-On Collisions
A head-on collision occurs when one driver is traveling either in the wrong lane or is driving in the direction of oncoming traffic. There are several possible reasons as to why a head-on collision may occur. A head-on collision can occur when:
- A driver is distracted by something such as their cell phone, food, car gadgets, or passengers, and is unable to give their full attention to the road
- A driver is under the influence of drugs or alcohol
- A driver is drowsy and falls asleep behind the wheel
- A driver is confused as to where they are going due to unfamiliarity with the area and proceed incorrectly down a one-way road
- A driver failing to properly pass through a two-lane road
Portland Head-On Collisions Lawyer Near Me (800) 598-7557
Head-On Collision Laws in Portland
Oregon is what is known as a modified comparative fault state. This means that an injured party can recover damages even if their own actions contributed to the accident, similarly to those who are injured in pure comparative fault states. If they are awarded damages, then the percentage amount they are found to be at-fault for will be deducted from their total amount.
However, those in pure comparative fault states are able to claim damages no matter how at-fault they are found to be. According to Oregon Revised Statute (ORS) §31.600, an injured party in Oregon is only able to receive compensation if they are found to be less responsible than the defendant. This is also known as the “51% rule.” As a result, if an injured party is found to be 51% or more at-fault, they will be unable to receive any damages.
Statute of Limitations
The statute of limitations refers to the amount of time you have to bring a lawsuit to court. Under ORS §12.110, an injured person has up to two years after their accident to file an accident injury claim.
If someone dies due to the accident, then the family will have up to three years from the date of the underlying injury to file a wrongful death suit.
Liability and Negligence in Head-On Collisions in Portland
In a head-on collision case, it is important to show that the other driver or drivers were acting negligently and that this negligence resulted in the accident and in turn, your injuries. Some of the factors which go into proving negligence and showing liability include:
- The other driver had a duty of care and subsequently breached it
- This breach resulted in the accident
- The accident caused you to suffer physical and mentally
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Working with a Head-on Collision Lawyer
Navigating the different intricacies of a head-on case on your own can be rather tough. Due to how difficult this can be, you may want to work with a Portland head-on collisions lawyer regarding your case. Our team at Ben Crump Law, PLLC can assist you in several different ways, such as by:
Due to Oregon being a modified comparative fault state, it is important that you demonstrate that it was the other party’s negligence which resulted in the accident. At the same time, those responsible for the accident may attempt to claim that you were more liable than they were in order to avoid being responsible for compensation. A head-on collision lawyer can help to prove that the other driver was the one mainly at-fault by gathering important evidence such as insurance and police reports, along with any eyewitness accounts.
It may be difficult to know just how much compensation for your injuries that you may be able to receive. Those responsible for the accident and their own attorney may attempt to take advantage of this and offer a settlement that does not fairly match the compensation you could receive. A head-on collision lawyer will fight to help you receive the proper amount of compensation you deserve by assessing your injuries accordingly.
Find a Head-on Collisions Lawyer Today
You do not need to wait to receive the help of a Portland head-on collisions lawyer. Rather, you can contact us at Ben Crump Law, PLLC by calling (800) 598-7557. Our team can explain what a lawyer can do for your case.