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Understanding the Role of Negligence in Car Accident Cases in Oregon

Getting into a car accident can be highly distressing. Not only is it shocking, but it can also cause damage to your car and lead to you becoming injured. The injuries can put you out of work for a few days to years at a time and set you back in your life.

When someone crashes into you, you’ll need to try to prove that they were being negligent. With the help of a personal injury lawyer, you can do that. Here’s what you need to know after being in a car accident in Oregon and how it ties into negligence.

What Is Negligence?

Everyone has a duty of care when they’re in their car. They must drive safely so that they don’t hurt anyone else on the road, whether it’s another driver, a biker, or a pedestrian. If they’re doing something reckless like talking or texting on their phone, drinking and driving, speeding, driving aggressively, or otherwise not being safe – and then they end up hurting you – they were being negligent. They breached their duty of care.

It’s up to you and your personal injury lawyer to show that the other driver was being negligent when they hit you, and their negligence led to you getting injured. If you can prove this, then the other driver’s insurance will need to pay you a suitable settlement to cover your damages, like your medical bills, car repairs, and pain and suffering.

Proving Negligence in a Car Accident

To prove that the other driver was negligent, you’ll need to collect evidence while you’re at the scene of the accident. This includes filing a police report, taking photos of the accident and the other driver’s license and license plate, and getting witness statements from people who saw what happened. Note the locations of video cameras that may have captured what happened as well, and get a copy of the other driver’s insurance information. Write down everything you remember about the accident as soon as possible.

Then, go to the hospital for treatment for your injuries right away. Get X-rays and any other tests the doctors recommend. Stay on top of your treatment and take it seriously.

If the insurance company calls you, do not let them take a recorded statement. They will use it against you to offer you a low settlement or perhaps no settlement at all. They are not in the business of paying out proper settlements.

Instead, call a personal injury lawyer for help. If you don’t have all the proof you need, don’t worry: Your lawyer will be able to assist you. All you need to do is get in touch as soon as you can after the accident happens. If you wait too long, it could hurt your case. Plus, you have a two-year statute of limitations, so keep that in mind. It’s better to get it done much sooner than that with the help of an experienced lawyer.

Contact Zbinden & Curtis Today

Zbinden & Curtis, a Portland personal injury law firm, cares about accident victims, and we’re ready to assist you if you were in a car accident in Portland. We fight tooth and nail for our clients to get them the settlement they deserve in their time of need. Contact us today to learn more by calling (503) 287-5000 or contacting us on our website for a free case evaluation. We look forward to assisting you.

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