Disclaimer: This article is for general information only and is not legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed Oregon attorney.
Detailed Answer
If another driver ran stop signs and hit your car, you can pursue a personal injury claim under Oregon law. Below is a step-by-step guide that explains what to do right after the crash, how Oregon law treats fault and damages, and how a typical claim progresses.
1) Immediate steps at the scene and right after
- Put safety first. Move to safety if you can and call 911 for injuries.
- Get medical care. Seek emergency care if needed. Even if injuries seem minor, get checked by a medical professional. Early documentation is crucial to proving your injuries are crash-related.
- Call law enforcement. Ask for a police report. That report often documents who failed to stop and records witness statements.
- Collect evidence at the scene: photos of vehicles, damage, skid marks, traffic signage (stop signs), intersection layout, visible injuries, and debris. Note weather, lighting, and times.
- Exchange information with the other driver: name, contact, vehicle registration, insurance company and policy number, and driver’s license. Get witness names and contact information.
2) Notify your insurance company
Tell your insurer about the crash promptly. Provide factual information (what happened, where, and who was involved). Avoid speculation or admitting fault. Your insurer will open a claim and may send an adjuster to inspect your vehicle and collect statements.
3) Document your injuries, expenses, and losses
- Keep all medical records, bills, prescriptions, and receipts.
- Keep a log of symptoms, medical appointments, and how injuries affect daily life.
- Document out-of-pocket costs (towing, rental car, medication) and lost wages (with employer records).
- Keep vehicle repair estimates and photos of damage.
4) How Oregon law treats fault and damages
Oregon applies comparative fault principles to civil injury claims. That means a court or jury will determine each party’s percentage of fault, and your recoverable damages are reduced by your percentage of fault. For an overview of civil liability rules in Oregon, see the Oregon Revised Statutes, chapter 31: ORS ch. 31.
Traffic rules that require drivers to stop at stop signs are in the Oregon vehicle laws (see Oregon Revised Statutes, chapter 811): ORS ch. 811. A driver who fails to obey stop signs likely violated a statutory duty, which supports a negligence claim.
5) Time limits — statute of limitations
Oregon sets time limits for filing personal injury lawsuits. You generally must file a lawsuit within the deadline set by Oregon’s statutes of limitation. See Oregon Revised Statutes, chapter 12 for the applicable deadlines: ORS ch. 12. If you miss the deadline, the court will likely dismiss your case.
6) Insurance investigation and settlement negotiations
After you report the claim, the other driver’s insurer (and possibly your own if you have uninsured/underinsured motorist coverage) will investigate. They may ask for a recorded statement and medical releases. It is usually okay to provide basic factual information, but avoid speculative statements and do not give a recorded statement about fault without understanding potential implications.
Negotiations often include a demand letter from you (or your attorney) summarizing liability, injuries, medical bills, lost wages, and a settlement demand. The insurer may accept, reject, or counter. Many cases resolve before a lawsuit becomes necessary, but severe injury or disputed liability often lead to filing suit.
7) Filing a lawsuit
If you cannot reach a fair settlement, you (or your attorney) can file a civil lawsuit in Oregon circuit court. The complaint will state your legal claims and the relief you seek. The defendant will answer, and the case will proceed through discovery, motions, and possibly trial or mediation. Make sure any lawsuit is filed before the statute of limitations expires.
8) When to consider hiring an attorney
- Serious injuries (fractures, concussions, back/neck injuries, surgeries).
- Disputed fault or complicated liability (conflicting witness statements, lack of clear traffic camera evidence).
- Significant medical bills, long-term care, or substantial lost income.
- If the insurance company denies your claim or makes a low-ball offer.
An attorney can handle evidence collection, calculate current and future damages, preserve deadlines, and negotiate or litigate on your behalf.
Helpful Hints
- Seek medical care immediately — medical records tie your injuries to the crash.
- Get the police report number and order a copy from the investigating agency.
- Photograph everything at the scene and afterward (position of cars, traffic signs, injuries, and vehicle damage).
- Write down a timeline of events as soon as possible while memories are fresh.
- Preserve physical evidence (clothing, damaged parts) and avoid repairing your car until insurers inspect it, unless safety requires immediate repair.
- Keep all receipts and records for out-of-pocket costs and lost wages.
- Don’t admit fault or speculate about what happened when talking to the other driver, witnesses, or insurance adjusters.
- Before signing any release or settlement check, review the terms carefully and, if injuries are significant, consider consulting an attorney.
- If the other driver is uninsured or underinsured, check your policy for uninsured/underinsured motorist (UM/UIM) coverage and notify your own carrier.
- Act promptly. Evidence deteriorates and witnesses’ memories fade — prompt action helps preserve your claim.
For more on Oregon traffic and liability laws, see the Oregon Revised Statutes: traffic rules in ORS chapter 811 (https://www.oregonlegislature.gov/bills_laws/ors/ors811.html) and civil liability rules in ORS chapter 31 (https://www.oregonlegislature.gov/bills_laws/ors/ors031.html).