OlsenDaines Is Proud to Represent Individuals Who Have Been Injured in Car Accidents
OlsenDaines is an experienced car accident law firm in Oregon and Washington with expertise in auto, truck, motorcycle, drunk driving, bicycle, moped, and other motor vehicle cases. We represent individuals who have been injured and need help navigating the complicated legal landscape in which they suddenly find themselves.
Need help? Have questions? We have offices throughout Oregon and Washington. Contact OlsenDaines today and get the answers you need.
Truck Accident Attorney
Legal defense for truck accidents.
Motorcycle Accidents
Support for injured rider claims.
Pedestrian Accidents
Justice for struck pedestrian victims.
Drunk Driving Accidents
Compensation for impaired driver crashes.
Bicycle Accident Attorney
Representation for injured cyclist claims.
What Types of Damages Can You Claim
in a Car Accident Lawsuit?
We calculate the full extent of your financial and non-financial damages. The sooner after your accident you reach out to us, the better. It allows us to start gathering evidence so we can present the strongest possible case in support of your losses, which may include:
- Medical bills, such as those for doctor’s visits and surgical treatment.
- Anticipated future medical costs, including expenses for long-term care or future procedures.
- Physical and mental pain and suffering.
- Emotional distress or anguish, encompassing anxiety, worry, grief, and nervousness.
- Lost wages due to the inability to work following the injury.
- Loss of future earning capacity resulting from the severity of the injury.
- The value of any property lost or damaged in the accident.
- Loss of consortium, such as in cases involving the death of a spouse.
>> Learn more about how compensation is calculated in a car accident lawsuit.
Why Work with the Auto Accident Lawyers at OlsenDaines
From coordinating with your insurance company to standing up for you in court, here’s how OlsenDaines maximizes the likelihood that you achieve a successful outcome:
- Building the Strongest Case: We’ll build the strongest possible case that proves who is at fault in the accident. We work with accident reconstruction experts, medical professionals, and other experts who can help strengthen your case.
- Handling Insurance Companies: We negotiate with your insurance company on your behalf.
- No Upfront Costs: We work on a contingency fee basis, meaning we only get paid if you win the case. If you don’t win, you don’t pay us.
- Experienced Trial Expertise: If the case goes to court, we will represent you, ensuring that your rights are protected and your case is presented effectively.
- Peace of Mind: Don’t worry about anything involving your case – OlsenDaines is taking care of it. Focus on recovery during this stressful time.
How Do You Prove Fault or Negligence in an Auto Accident Case?
How Do You Know You Have a Strong Case?
Proving who is at fault is essentially about showing that someone was “careless” on the road and that this carelessness caused your injuries. In legal terms, this breaks down into four elements.
- Duty of Care: Drivers have a legal obligation to drive safely. Every licensed driver automatically owes this to others on the road.
- Breach of Duty: Did the other driver break that duty by acting unreasonably — for example, by speeding, texting, or running a red light?
- Causation: Did that specific action directly cause the accident? It’s not enough to show that they were speeding; their speeding must be the direct cause of the injury.
- Damages: To receive compensation, you must prove damages. What were the total actual losses, such as medical bills, car repair costs, or lost wages?
Motor Vehicle Accidents - Legal FAQs
The following FAQs outline standard legal frameworks across Oregon and Washington. However, in personal injury law, outcomes depend heavily on specific details.
Because every claim involves unique variables, these general guidelines should only be used as an educational starting point – not as legal advice about your case.
What Should I Do After a Car Accident?
What you do immediately after a motor vehicle accident is pivotal in building a successful personal injury claim, regardless of whether it’s a major collision or a minor fender bender.
There are several critical steps to keep in mind:
- Ensure Safety: First and foremost, check on the safety of all parties involved. If there’s any possibility of injuries, call paramedics right away.
- Seek Medical Attention: Seek medical treatment promptly and adhere to all prescribed treatments and follow-up appointments. It’s essential to establish a thorough medical record documenting your injuries.
- Legal Responsibilities: In Oregon, drivers have specific duties after an accident. These include exchanging contact and insurance information with other drivers and reporting the accident to the DMV within 72 hours. A tip: document the information received from the other driver, including their license plate. In Washington, you must submit a collision report within 96 hours.
- Notify Insurance Companies: While it’s advisable to give a statement to your insurance company, be cautious about providing a recorded statement to the other driver’s insurance. Keep track of your claim number and the name of your claims adjuster.
How Long Do I Have to File a Car Accident Claim?
In Oregon, you have two years to file most injury claims, but in some cases notice provisions are six months or one year after the accident. We recommend contacting an attorney ASAP to discuss your options.
In Washington, the statute of limitations for filing a car accident claim is typically three years, but again, there are exceptions and specific circumstances that may affect the deadline for your claim.
It’s highly advisable to consult with an experienced attorney who specializes in personal injury cases, especially car accidents, as they can provide you with precise guidance based on the specifics of your situation.
What Happens If You Get in an Auto Accident with a Rideshare Driver?
Accidents with rideshare drivers are common, and while they add a layer of complication, most of the fundamental rules are the same.
If you get into an accident with a rideshare driver, the same four criteria apply: duty of care, breach of duty, causation, and damages.
The biggest difference is which insurance policy is on the hook. It breaks down this way:
| Driver Status | Who is Primary? | Typical Coverage Limit |
|---|---|---|
| App Off | Driver’s personal insurance | Low (State minimums) |
| App On (Waiting for request) | Driver’s personal + company contingent | Typically about $50k – $100k |
| Trip Accepted / Passenger in Car | Rideshare company’s policy | $1 Million+ |
What Happens If I Am Partially at Fault for an Accident in Oregon or Washington?
Oregon and Washington have different rules for this. Here’s how they work in each state:
- Oregon (Modified Comparative Fault – 51% Bar Rule): Your total compensation is reduced by your assigned percentage of fault. However, if you are found 51% or more at fault, Oregon law bars you from recovering any compensation from the other party.
- Washington (Pure Comparative Fault): You can recover damages regardless of your degree of responsibility, even if you are found to be up to 99% at fault. Your total compensation is reduced in proportion to your percentage of fault (for example, if your total damages are $100,000 and you are 20% responsible, you receive $80,000).
Can I File a Claim If the Other Driver Left the Crash Scene?
Yes, you can still file a claim if the other driver left the scene of the crash. If an at-fault driver flees the scene or carries insufficient auto insurance, you can pursue compensation through your own insurance policy via Uninsured Motorist (UM) or Underinsured Motorist (UIM) coverage:
- Hit-and-Run Accidents: When the responsible driver cannot be identified, your mandatory or elected UM coverage steps into the shoes of the fleeing driver’s insurance. This allows you to claim medical expenses, lost earnings, and non-economic pain and suffering directly through your own insurer.
- Underinsured Drivers (UIM): If the at-fault driver’s liability coverage limits are too low to compensate you for the full extent of your injuries, your UIM coverage pays the remaining difference up to your personal policy limit.
- Protecting Your Claim: Because recovering UM/UIM benefits requires filing a claim against your own insurance provider, having an experienced attorney handle the negotiation ensures your insurer treats your claim fairly and pays out full value without raising your rates unfairly.
Speak with an Experienced Car Accident Attorney in Oregon or Washington
Navigating local auto accident law requires understanding key state-specific mandates. For instance, Oregon law (ORS 742.520) requires all auto policies to include a minimum of $15,000 in no-fault Personal Injury Protection (PIP) for immediate medical treatment, whereas Washington operates under different fault and coverage structures. Our experienced attorneys ensure you maximize every available policy benefit in both states.For over forty years, OlsenDaines has been dedicated to helping individuals achieve justice in Oregon and Washington. Our team of skilled accident attorneys is ready to assist you after your accident, answering questions over the phone, via Zoom, or at one of our conveniently located offices in:
- Albany
- Bend
- Coos Bay
- Eugene
- Grants Pass
- Klamath Falls
- Medford
- East Portland
- West Portland
- Roseburg
- Salem
- Tri-Cities
- Vancouver
- Yakima
Contact us today to schedule your free legal consultation.
