What Evidence Helps Strengthen a Car Accident Injury Claim in Oregon?

After a car accident, the strength of an injury claim often depends on the quality and availability of evidence. In this article, we’ll discuss…

• What evidence and information to collect at the scene of the accident.
• The role of police reports in establishing fault and providing details about the crash.
• Why medical documentation and financial records are so important.

What Information Should Be Collected Immediately After A Car Accident?

Under Oregon law, drivers involved in an accident are required to provide certain information. https://www.oregonlegislature.gov/bills_laws/ors/ors811.html. This is often referred to as performing the duties of a driver. When someone fails to provide this information, they can be cited for failure to perform those duties. The required information generally includes:

• The name of the driver (and name of the owner of the vehicle if different from the owner)
• The address of the driver
• The insurance information for the owner of the vehicle or the driver

Providing an address is particularly important because it allows you, as an injured person, to bring a claim if necessary. Without that information, it can become much more difficult to pursue a case. Click here for more information about what to do if you don’t know the identity of the other driver.

As a practical matter, it can also be helpful to collect a few additional pieces of information at the scene. For example, take a picture of video of:

• The driver’s license of the other driver

the license plate of the other vehicle

• the insurance card for the other vehicle
• The damage to the vehicles
• The scene of the accident

These steps only take a few moments, but can make things much easier later if your attorney needs that information. If this information is not collected, tracking down the identity of the other driver later can involve a significant amount of work. In some situations, if the driver cannot be identified, the case may have to proceed as a claim involving an uninsured or unknown driver.

How Do Police Reports Help Establish Fault And Details Of The Crash?

Police reports can provide an important record of what happened at the scene of an accident. Officers often document details such as the location of the crash, statements from drivers or witnesses, and observations about the vehicles involved. While they normally only respond if there are injuries or the vehicles are blocking the roadway, you should call right away if the other person refuses to give you the necessary information (see above).

While a police report may not always be the final determination of fault, it can provide useful information that helps attorneys and insurance companies understand how the collision occurred. It can also serve as supporting evidence when reconstructing the events of the accident.

If The Other Driver Admits Fault At The Accident Scene, Does That Help My Case?

In many car accident cases, the other side may admit fault or acknowledge that they caused the crash. While that can be helpful, it does not necessarily resolve the entire case. The real dispute often arises over causation, that is, whether the accident actually caused the injuries being claimed.

For example, the other party might say something like, Yes, we caused the accident, but we only caused your neck to be sore for a day, and then dispute that they caused any more significant injuries. Because of this, both types of evidence (how the accident happened and proof of injuries) are vital. Also, it is entirely possible that a person changes their opinion, or that the insurance company does not support their contention.

What Role Do Medical Records Play In Proving Injuries In Car Accident Claims?

Medical records are often one of the most important pieces of evidence in a car accident injury claim. They help document your injuries, the treatment that was required, and whether your injuries are consistent with the type of accident involved.

Without medical documentation, it can be very difficult to prove that an injury exists or that it was caused by the crash. Even when the accident itself is clear, insurance companies frequently challenge the connection between the accident and the injuries being claimed.

Medical records help establish that link and provide an objective basis for evaluating the severity of your injury and the treatment that was necessary.

Why Is Documenting Lost Income And Other Financial Losses Important For Compensation?

There’s an old saying that applies well to personal injury cases: If you can’t prove it, it didn’t happen. Evidence becomes critical when proving financial losses related to an accident.

For lost wages or lost income, there are generally two things that must be proven:

Medical Necessity For Missing Work

There must be a legitimate medical reason for not working. Typically, this means a doctor has advised you not to work or provided a written note supporting that limitation.

The Amount Of Income That Was Lost

You must show how much money you actually lost because you were unable to work.

If you work an hourly job, this is usually straightforward. Your employer can provide records showing the number of hours missed and your hourly wage, making it relatively easy to calculate the lost income.

Things can be more complicated if you are self-employed. If you run your own business and your income decreases because you cannot work, calculating those losses can be more complex. In those cases, it is often helpful to speak with an attorney about how those losses can be properly documented and presented.

When Should Accident Victims Consider Speaking With A Car Accident Attorney?

If you have any questions surrounding a car accident case, it can be worthwhile to speak with an attorney. Many attorneys, myself included, offer a free consultation, which allows you to call, explain your situation, and ask questions.

I work on a contingency fee, which means my fee is based on a percentage of the recovery. If your case is not successful, I don’t get paid. That structure allows you to ask questions and receive honest advice without worrying about hourly legal fees.

Sometimes issues arise in accident cases that are not obvious right away. Speaking with an attorney early can help identify potential problems before they become bigger issues later.

I once met with a very kind elderly woman who had been involved in a car accident. She had never dealt with a lawyer before and was not the type of person who wanted to cause trouble. Shortly after the accident, the insurance company offered her a quick settlement of about $2,000, and she accepted it.

At the time, she knew she was sore, but she did not yet understand the full extent of her injuries.

About a year later, she came to see me because she had lost much of the use of her right arm due to a severe muscle tear. She could barely lift everyday items, like a coffee cup, and was facing surgery to repair the injury. Unfortunately, because she had already settled the claim, there was nothing that could be done to recover additional compensation.

Situations like that are why it can be helpful to talk with an attorney early on. A quick conversation during a free consultation can help someone better understand their options before making decisions that may affect their case long-term.

Still Have Questions? Ready To Get Started?

For more information on car accident evidence in Oregon, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (503) 214-7660 today.