Oregon Failure to Stop Accidents
Hit-and-run accidents are not only a crime, but they also present legal challenges for the injured person. You can still receive financial compensation if you have been injured in a failure to stop accident. Schauermann Thayer Injury Law will handle all aspects of your car accident injury case.
Oregon law requires drivers to stop at the scene of the accident if there is injury or property damage. Drivers can be seriously punished if they fail to stop. You can pursue an injury claim regardless of whether the other driver stopped.
Call Schauermann Thayer today to discuss your potential case. It is especially important to call an attorney right after a hit-and-run accident because the lawyer may be able to help gather important evidence.
Whether they fail to stop because they are afraid or they do not have insurance or any other reason, a driver is committing a crime when they fail to stop at the scene of an accident they caused. This will complicate, but not end, your ability to pursue financial compensation. The police and your attorney will continue to gather evidence, which may lead to finding the responsible driver, in hopes of both bringing them to justice and providing additional insurance coverage to pay for your damages.
Oregon Laws Requiring a Motorist to Stop for an Accident
ORS 811.700 requires that a driver who is involved in an accident where there is property damage to:
“Immediately stop the driver’s vehicle at the scene of the collision or as close to the scene of the collision as possible and reasonably investigate what the driver’s vehicle struck.”
ORS 881.705 imposes a similar requirement when there is an accident involving a physical injury. The drivers must exchange driver’s licenses and other key documents, such as the registration and insurance carrier. In addition, the driver must render reasonable assistance to any other person injured in the collision.
A hit-and-run accident is when the driver fails to stop in compliance with these statutes. They leave the scene of the accident before they exchange the required information, or they do not even stop at all.
Consequences of a Hit-and-Run Accident in Oregon
In Oregon, a hit-and-run is a criminal offense. No matter what, the driver who leaves the scene of the accident could be facing potential jail time.
In addition, drivers who are guilty of a hit-and-run offense would likely lose their license for a period of time. When they are able to drive, they can expect to pay steeply higher car insurance rates.
Oregon Law About Reporting Car Accidents
In addition, a driver also has a legal obligation to report an accident to the Department of Motor Vehicles when there is property damage over $2,500 or injuries or death from the crash. You have up to 72 hours after the accident to make the report on the Oregon Traffic Crash and Insurance Report. If a driver fails to make this report, they can have their driving privileges suspended.
How Law Enforcement Searches for the Driver Who Fled
Law enforcement will conduct a search to locate a driver who has fled the scene. They may have witness reports that give a brief description of the car, which could give them a starting point. Police may also use traffic and surveillance camera footage, or they may check with body shops in the area for cars matching the description of the vehicle involved. In addition, the attorney for an injured accident victim may also try to locate the responsible driver.
Seeking Compensation After a Hit-and-Run Accident
If you have been injured in a hit-and-run accident, there are obvious challenges when you are seeking financial compensation. If the driver cannot be found, you can still file a claim against your own uninsured motorist coverage. You would still need evidence that proves that someone else was to blame for the accident. Your own insurance company may be every bit as difficult to deal with as another person’s insurance company might be, and they may also try to undervalue the damages you suffered.
If you are able to locate the responsible driver, the onus would be primarily on their insurance policy to pay for your damages, with your insurance paying as well if the responsible driver was underinsured.
Contact a Portland Car Accident Lawyer Today
When you need an experienced and effective car accident attorney in your corner, call Schauermann Thayer. We have decades of experience helping our clients obtain significant recoveries for their injuries. Call us today at (360) 695-4244 to schedule a free initial consultation.
