Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed Oregon attorney to discuss your specific situation.
Detailed Answer
In Oregon, proving liability and damages in a bus crash requires evidence of negligence: duty, breach, causation and damages. You must collect and preserve documentation, witness statements and expert analysis to build a strong case.
1. Duty and Breach of Care
Every motor vehicle operator— including bus drivers—owes a duty to exercise reasonable care on public roads. To show a breach, gather:
- Police and accident reports documenting driver actions.
- Bus company logs and driver duty records to show schedule pressures or hours violations.
- Video from onboard cameras, traffic cameras or bystander footage showing speeding, distracted driving or improper lane changes.
2. Causation
You must link the driver’s breach to your injuries. Useful evidence includes:
- Accident scene photographs showing point of impact and road conditions.
- Accident reconstruction expert reports that model vehicle speeds, distances and impact forces.
- Black box (“event data recorder”) downloads from the bus, which record speed, braking and steering inputs.
3. Damages
Prove the losses you suffered due to the crash. Key documents:
- Medical records and bills detailing diagnostic tests, treatment and rehabilitation.
- Wage statements or employment records showing lost earnings.
- Estimates or invoices for property damage to personal items.
- Expert life‐care plans or vocational evaluations projecting future medical costs and loss of earning capacity.
4. Comparative Fault
Oregon applies pure comparative negligence under ORS 30.140. A court assigns a percentage of fault to each party. Your total recovery equals your damages minus your share of fault.
5. Statute of Limitations
You generally must file a personal injury claim within two years of the crash under ORS 12.110(1). Missing this deadline can bar your claim.
Helpful Hints
- Collect contact information from all witnesses immediately at the scene.
- Photograph vehicle damage, skid marks and road signage from multiple angles.
- Preserve all correspondence with the bus company and its insurer.
- Seek medical attention right away—even for minor injuries—to create a clear medical record.
- Talk to an attorney early to secure perishable evidence like camera footage and driver logs.