Car accidents can turn your life upside down. Between dealing with injuries, damaged vehicles, and insurance calls, it can feel overwhelming. Understanding Oregon’s car accident laws & statutes can help you make sense of what’s happening and protect your rights. When you have the right information early, it can make a huge difference.
At Dozier Law Group, we have provided the key rules, deadlines, and statutes that matter if you’ve been injured or had property damage in a car crash in Oregon.
Oregon does not have a “no-fault” system. It follows a fault-based liability system under ORS 31.600. Under this system, the at-fault driver is legally responsible for compensating victims for injuries, property damage, and related losses.
This means you cannot rely on your own insurance to cover everything. The driver who caused the crash may be held accountable for your medical bills, lost income, and pain and suffering.
Being aware of at-fault rules also helps you avoid misunderstandings with insurers or other drivers. This gives you a clearer picture of your options.
Oregon’s modified comparative fault rule (ORS 31.600(3)) recognizes that accidents involve shared responsibility. Even if you contributed to the accident, you may still recover compensation as long as your fault is less than 51%.
Your damages are reduced proportionally to your share of fault. For example, if your damages total $100,000 and you are found 20% at fault, you would recover $80,000.
However, if your fault exceeds 50%, your claim may be barred entirely, even if the other driver was partially responsible.
This law exists to be fair to all parties. You will need to document evidence to prevent exaggerated claims of fault. Photos, witness statements, and medical reports are important for protecting your recovery.
With years of expertise in Portland and throughout Oregon, we navigate car accident laws with precision. Our proven results demonstrate our commitment to holding negligent parties accountable. Trust our team for effective representation in seeking justice for car accident victims.
Oregon law has strict deadlines for filing claims. Missing these deadlines can prevent you from seeking compensation.
Under ORS 12.110, victims have two years from the date of the crash to file a personal injury or property damage claim. Wrongful death claims follow a three-year limit under ORS 30.020, from the date of death.
If a government entity may be involved, ORS 30.275 imposes a shorter notice period.
Even if you’re unsure about the severity of your injuries or potential losses, contacting a lawyer ensures your claim is preserved, and deadlines are met.
Oregon law requires certain crashes to be reported. Under ORS 811.700, all crashes that result in injury, death, or significant property damage must be reported. If property damage exceeds $2,500, a State Traffic Accident and Insurance Report must be filed with the Oregon Department of Transportation (ODOT).
With this. reporting protects your rights and creates an official record for insurance claims and potential lawsuits. If you fail to do so, that can complicate a claim or result in fines.
Oregon drivers are required to maintain liability insurance to cover accidents they cause, per ORS 806.070:
In many serious accidents, these minimums are insufficient to cover medical bills, lost wages, and property replacement. In these cases, additional coverage, including underinsured or uninsured motorist protection, can help to protect your financial recovery.
Even with the mandates, not every driver carries enough insurance. Unfortunately, some drivers have none at all. Oregon law (ORS 742.504) requires insurers to offer UM/UIM coverage. This can help cover costs if the at-fault driver cannot.
UM/UIM coverage is important for hit-and-run crashes or accidents involving drivers with insufficient limits. While drivers can choose to reject this coverage, most legal experts recommend keeping it because it can be important in serious accidents.
This coverage makes sure that your recovery is not completely dependent on the at-fault driver’s policy limits.
Drunk driving accidents have special legal guidelines. Under ORS 813.010, driving with a blood alcohol concentration of 0.08% or higher is illegal.
If a crash involves a drunk driver, courts apply the doctrine of negligence per se. This means the DUI itself is proof that the driver breached their legal duty to drive safely. That can make it easier to establish fault and strengthen your claim.
Even in cases where a driver is only slightly over the limit, having clear DUI evidence can influence negotiations or trial results.
Oregon law (ORS 811.210) requires drivers and passengers to wear seat belts. Motorcyclists must also follow helmet requirements.
Not wearing safety equipment may reduce your damages if your injuries were worsened by noncompliance. However, failing to wear a seat belt does not eliminate the other driver’s liability, especially if their actions were the main cause of your injuries.
Seat belt and helmet laws interact with comparative fault rules. In turn, that may adjust the final compensation, but do not bar your claim outright.
Crashes involving public roads or government vehicles can bring additional challenges:
When you have a lawyer experienced with government claims, they can navigate these rules.
In addition, they will ensure deadlines are met while maximizing your ability to recover compensation.
Police reports are vital pieces of evidence in Oregon car accident claims (ORS 802.010). These reports document road conditions, statements from drivers and witnesses, citations, and preliminary findings about fault.
Lawyers use police reports alongside photos, medical records, witness statements, and expert testimony to build a strong case.
You want an attorney to review and preserve evidence early. This is done to strengthen your claim and protect your rights.
Yes. Passengers are considered third-party victims and can file their own claims against the at-fault driver, no matter who owns the car. This makes sure everyone affected by the crash has a chance of fair compensation.
When more than one driver contributes to a crash, each party’s fault is assessed under comparative negligence. Each driver’s insurance may pay their share of damages. With legal guidance that helps ensure you recover the full amount you’re entitled to.
Oregon car accident laws still apply, but claims may involve premises liability in addition to negligence. This can impact who is responsible: the driver, the property owner, or both.
Yes. If your vehicle has aftermarket parts or modifications that contributed to the accident or worsened injuries, insurance companies may argue that they caused additional damage. Documenting your vehicle’s condition before and after the crash is vital.
Yes. Oregon allows recovery for medical expenses even if they are pending, not yet billed, or covered by insurance. Your claim should account for future treatment and ongoing care, not just expenses already incurred.
From fault rules and statute of limitations to insurance coverage and comparative fault, every step affects your ability to recover fully.
Oregon law is designed to protect victims. When you know your rights, having someone on your side can make a difference.
At Dozier Law Group, we are ready to help you get the maximum compensation under the law. Schedule a consultation today to learn how we can assist with your next steps.
