Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney for advice about your specific situation.
Detailed Answer
When a driver runs a red light in Oregon and causes a collision, you must gather evidence and apply Oregon negligence law to prove liability. Below are the key steps:
1. Identify the Legal Duty and Breach
Under Oregon law, every driver must obey traffic-control signals. Specifically, ORS 811.265 states that a driver facing a steady red signal must stop before entering the crosswalk or intersection: ORS 811.265. Running a red light is a breach of this statutory duty.
2. Collect Direct Evidence of the Violation
- Police Report: Law enforcement officers often cite the driver under ORS 811.265. Their crash report includes witness statements, officer observations, and diagram of the scene.
- Traffic-camera Footage: Many intersections are monitored by red-light cameras. Request video or still images through local records requests.
- Witness Statements: Eyewitnesses can confirm the light color and describe the driver’s actions. Obtain signed, written statements if possible.
- Photographs and Videos: Take scene photos showing skid marks, traffic signal orientation, vehicle positions, and damage patterns.
3. Prove Causation and Damages
Next, you must show the breach (running a red light) caused your injuries or property damage. Use the following:
- Accident Reconstruction: Certified experts can model vehicle paths and impact points.
- Medical Records: Document your injuries, treatments, and prognosis.
- Repair Estimates: Submit written estimates for vehicle damage from qualified mechanics.
4. Address Comparative Fault
Oregon follows a modified comparative fault system under ORS 31.600–31.610: ORS 31.600. You can recover damages reduced by your percentage of fault, as long as you are not more than 50% at fault. Gather evidence—brake application data, dash-cam footage—to disprove any claim you ran the light or failed to yield.
5. Build a Chronological Case File
Organize all documentation in a timeline: initial 911 call, police dispatch, evidence collection dates, witness interviews, and medical treatment logs. A coherent file strengthens your position in settlement talks or court.
Helpful Hints
- Contact the police immediately and remain at the scene to preserve evidence.
- Obtain a copy of the police crash report and review it for accuracy.
- Preserve cell-phone video and share it with your attorney.
- Take photographs of damage and road conditions within 24 hours.
- Write down witness contact information before they leave the scene.
- Consider consulting an accident‐reconstruction specialist early in the process.
- Track all medical bills and out-of-pocket expenses related to the crash.