Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under Oregon law, a negligence claim requires proof of four elements: duty, breach, causation and damages. When a collision occurs at a traffic signal or exit ramp, gathering clear evidence on each element will strengthen your case.
1. Duty of Care
Every motorist in Oregon owes a duty to operate vehicles safely and obey traffic-control devices. ORS 811.265 makes it unlawful to disregard official signals such as red lights or stop signs. By driving, each motorist agrees to this duty of care.
2. Breach of Duty
You must show the other driver violated that duty. Common breaches include:
- Running a red light or stop sign (negligence per se under ORS 811.265).
- Failing to yield when exiting a highway or turning at an intersection (ORS 811.290).
- Distracted or impaired driving that led to signal or exit violations.
3. Causation
Prove the breach directly caused the collision. You can use:
- Accident reconstruction professional reports that map vehicle paths, impact angles and speeds.
- Skid-mark measurements and roadway gouge marks.
- Traffic-signal timing logs from the municipality or state.
4. Damages
Document all losses stemming from the crash:
- Medical bills and treatment records.
- Vehicle repair estimates or total-loss valuations.
- Receipts for towing, rental cars and related expenses.
Key Evidence Types
- Photographs and video of the scene, vehicle damage, traffic signals and road markings.
- Dash-cam or traffic-camera footage capturing signal phases and vehicle movements.
- Witness statements collected promptly and in writing.
- Police accident report noting citations, officer observations and scene diagrams.
- Event Data Recorder (EDR) data from the vehicles involved, often called the “black box.”
- Cell-phone records or call logs if distraction is an issue.
- 911 call transcripts that describe the collision as it happened.
Helpful Hints
- Secure photos and videos immediately to preserve lighting and weather conditions.
- Get contact information for all eyewitnesses before they leave the scene.
- Request traffic-signal timing and maintenance records from the local public works department.
- Consider a reconstruction professional early to measure skid marks and debris patterns.
- Obtain a certified copy of the police report and review it promptly for missing details.
- Keep all medical and repair receipts organized by date and type of expense.
- Consult an attorney about issuing formal evidence preservation letters to involved agencies and insurers.