Salem Auto Accident Attorneys

Determining Fault in Car Accident Claims

All drivers owe others a duty of care while on the road. Oregon is a fault-based state when it comes to auto accidents, meaning that the person who caused an accident is legally responsible for any injuries or damages resulting from the collision. However, compensation is not automatic after a car accident. 

To successfully recover compensation, you must establish the following elements: 

1. Duty of care. The other party owed you a duty of care, such as obeying traffic signs and paying attention to the road. 
2. Breach of duty. The other party breached their duty by acting negligently, such as running a red light or driving aggressively. 
3. Causation. The accident and injuries would not have occurred if not for the other party’s negligence. 
4. Damages. You suffered damages or losses due to your injury, such as medical bills, lost wages, or emotional distress. 

Proving fault in a car accident claim can be complex, especially when the car accident involves multiple parties or contested liability. For example, if a mechanical defect caused a brake failure, multiple parties may share fault, such as the parts manufacturer, vehicle manufacturer, and product designer. 

Our attorneys can investigate the crash, review police reports and medical records, and gather key evidence such as witness statements, camera footage, and vehicle data when available to present a compelling case. We leave no stone unturned during our investigations to identify all potentially responsible sources. 

How We Build Robust Auto Accident Claims from the Ground Up

Auto accident claims largely depend on how evidence is identified, preserved, and connected into a clear liability story. Our attorneys take an active role in developing the full factual record so liability and damages are supported.

Below are some ways that we work to build robust, evidence-backed cases from the outset:

Analyzing Police Reports

We obtain police reports and compare them with physical evidence, witness accounts, and vehicle damage to identify gaps or inconsistencies. 

Building Clear Medical Timelines 

We organize medical records, imaging, and treatment notes to show how the injury developed over time and establish the link between the crash and your condition.

Securing Time-Sensitive Evidence

We act quickly to identify and preserve surveillance footage, dashcam recordings, and nearby business video before it becomes overwritten or erased. 

Collaborating with Industry Experts

We collaborate with accident reconstruction specialists and other technical experts to analyze speed, impact angles, braking patterns, and roadway conditions.

Identifying & Preserving Witness Accounts Early

We locate witnesses as early as possible to preserve their statements while memories are still fresh and evaluate observations alongside other physical and digital evidence.

Using Vehicle Data & Digital Evidence 

When available, we review electronic control module data that records speed, braking, and impact forces to provide objective insight into driver behavior. 

Handling Insurance Communications 

We handle insurer communications directly and review claim files for inaccuracies or selective summaries to keep the focus on verified facts rather than interpretations.

Trial-Ready Representation

If an insurance company refuses to negotiate fairly, our highly skilled litigators never hesitate to take cases to court if necessary to achieve a favorable outcome. 

Don’t let someone else’s negligence derail your health and finances. Contact us online to discuss your case with our trusted injury lawyers. Se habla español.

Frequently Asked Questions

What Should I Do Immediately After a Car Accident in Salem?

Your safety should come first. If possible, move to a safe location, call 911, and seek medical attention, even if your injuries seem minor. Exchange contact and insurance information with the other driver, take photographs of the vehicles and accident scene, and obtain contact information for any witnesses. Prompt medical evaluation and proper documentation can strengthen both your recovery and any future injury claim.

How Long Do I Have to File a Car Accident Lawsuit in Oregon?

Oregon law generally limits the amount of time you have to file a personal injury lawsuit after a car accident. Missing important deadlines can prevent you from recovering compensation, regardless of how strong your case may be. Speaking with an attorney as soon as possible helps preserve evidence and ensures your claim is filed within the applicable legal time limits.

Can I Recover Compensation if I Was Partially Responsible for the Auto Accident?

Yes. Oregon follows a modified comparative negligence system, meaning victims may recover compensation as long as their share of the fault is 50% or less. If your fault is 51% or more, you may be ineligible to seek damages. 

It’s important to understand that any compensation awarded may be reduced by your percentage of the liability. For example, if you are 10% at fault for an accident totaling $50,000 in damages, you may only recover $45,000. 

Insurance companies often use modified fault to their advantage by unfairly blaming victims for their injuries. We can aggressively safeguard your rights, push back against lowball settlement offers, and stand up for you in court if needed to force insurers to the negotiating table. 

What If the Driver Who Hit Me Doesn't Have Insurance?

If the at-fault driver is uninsured or does not carry enough insurance to cover your losses, you may still have options. Your own uninsured or underinsured motorist coverage may provide compensation depending on your policy. An attorney can review your insurance coverage, identify other potential sources of recovery, and explain your legal options.

Can I Recover Compensation for Future Medical Expenses?

Yes. If your injuries require ongoing treatment, future surgeries, rehabilitation, physical therapy, or long-term care, those anticipated medical costs may be included in your claim. Working with medical professionals and other experts can help estimate the future care you are likely to need and ensure those expenses are considered during settlement negotiations.

Will My Car Accident Case Go to Trial?

Most auto accident claims are resolved through negotiated settlements, but some cases require litigation when an insurance company refuses to offer fair compensation. Preparing every case as though it may go to trial can strengthen your negotiating position and demonstrate that you are ready to pursue your claim in court if necessary.

Can Weather Conditions Affect Liability in an Auto Accident?

Rain, fog, ice, and other hazardous weather conditions can contribute to crashes, but poor weather does not automatically excuse negligent driving. Motorists are expected to adjust their speed and driving behavior to match road conditions. A driver who fails to exercise reasonable care during bad weather may still be held responsible for causing an accident.

Should I Accept the Insurance Company's First Settlement Offer?

Not necessarily. Initial settlement offers often do not account for the full extent of your injuries, future medical care, lost earning capacity, or non-economic damages. Before accepting any offer or signing a release, it is wise to have an experienced attorney evaluate whether the proposed settlement fairly reflects the value of your claim.

My Loved One Was Killed by a Drunk Driver. Can I Seek Justice on Their Behalf? 

If your friend or family member was killed in a drunk driving accident, the personal representative of their estate may file a wrongful death claim on behalf of the beneficiaries and surviving family members. 

While no amount of money can bring back your loved one, pursuing a wrongful death action can provide grieving families with a sense of closure and compensation for burial expenses, funeral costs, and outstanding medical debt related to the accident.

Our attorneys are well-versed in wrongful death and survival actions to guide your family through the eligibility requirements, prepare organized filings, and handle communications with the opposing parties while you focus on healing.

How Can an Auto Accident Attorney Help Strengthen My Claim?

An experienced attorney can investigate the collision, preserve critical evidence, calculate your damages, communicate with insurance companies on your behalf, negotiate for a fair settlement, and prepare your case for trial if needed. Having legal representation allows you to focus on your recovery while your attorney works to protect your rights and pursue the maximum compensation available under Oregon law.