What to Do After a Failure to Yield Accident in Oregon

Understanding Failure to Yield Accidents in Oregon

Oregon's roadways, while scenic, can be hazardous places. One of the most common causes of accidents in the Beaver State is the failure to yield the right-of-way. This seemingly simple infraction can lead to serious injuries, property damage, and even fatalities. If you've been involved in an accident where another driver failed to yield, understanding your rights and options is crucial.

What Does "Failure to Yield" Mean in Oregon Law?

Oregon Revised Statute (ORS) 811.028 outlines the legal requirements for yielding the right-of-way. Essentially, it means a driver must allow another vehicle or pedestrian to proceed before entering a roadway, intersection, or making a turn if doing so would create a hazard. This applies in various situations, including:

• 🛑 Uncontrolled Intersections: When two vehicles approach an intersection without traffic signals or signs, the vehicle on the left must yield to the vehicle on the right (ORS 811.200).
• 🚦 Intersections with Stop Signs or Yield Signs: Drivers facing a stop sign or yield sign must yield to vehicles on the through street.
• ↩️ Left Turns: A driver turning left must yield to oncoming traffic that is close enough to constitute an immediate hazard.
• 🚶 Pedestrians in Crosswalks: Drivers must yield to pedestrians in marked or unmarked crosswalks (ORS 811.020).
• 🚨 Emergency Vehicles: Drivers must yield to emergency vehicles with flashing lights and sirens.
• 🚧 Merging onto a Highway: Drivers merging onto a highway must yield to vehicles already on the highway.

Common Scenarios Leading to Failure to Yield Accidents

Failure to yield accidents occur in many different circumstances. Here are some common scenarios we often see in Oregon:

• 🚗 Intersections: Drivers running red lights, failing to stop at stop signs, or misjudging the speed of oncoming traffic at uncontrolled intersections are frequent causes.
• 🚦 Left Turns: Drivers turning left often underestimate the speed and distance of oncoming vehicles, leading to collisions. This is especially common at intersections with poor visibility.
• 🚶 Pedestrian Accidents: Drivers distracted by cell phones or other devices often fail to see pedestrians in crosswalks, resulting in serious injuries.
• 🚴 Bicycle Accidents: Similar to pedestrian accidents, drivers may not be attentive to cyclists sharing the road.
• 🛣️ Highway Merges: Drivers entering a highway from an on-ramp may fail to properly assess traffic flow, causing accidents when merging.

What to Do After a Failure to Yield Accident in Oregon

If you've been involved in a failure to yield accident, it's essential to take the following steps to protect your rights and ensure your safety:

1. Ensure Safety: Move your vehicle to a safe location, away from traffic, if possible. Check yourself and your passengers for injuries.
2. Call the Police: Contact the police to report the accident. A police report will provide an official record of the incident and can be valuable when filing an insurance claim.
3. Exchange Information: Exchange contact and insurance information with the other driver. Obtain the other driver's name, address, phone number, insurance company, and policy number. Also, note the vehicle's make, model, and license plate number.
4. Gather Evidence: Take photos of the accident scene, including vehicle damage, skid marks, and road conditions. If there are any witnesses, get their contact information.
5. Seek Medical Attention: Even if you don't feel immediately injured, it's crucial to seek medical attention as soon as possible. Some injuries, such as whiplash or concussions, may not be immediately apparent.
6. Notify Your Insurance Company: Contact your insurance company to report the accident. Provide them with the details of the accident and the information you gathered.
7. Consult with an Attorney: Before speaking with the other driver's insurance company, consult with a personal injury attorney. An attorney can advise you on your rights and help you navigate the claims process.

Proving Fault in a Failure to Yield Accident

Establishing fault is critical in a failure to yield accident, as it determines who is responsible for damages. Here's how fault is typically determined in Oregon:

• Police Report: The police report is a primary source of information for determining fault. The report will include the officer's assessment of the accident, witness statements, and any citations issued.
• Witness Statements: Witness statements can provide valuable insights into how the accident occurred.
• Physical Evidence: Photos of the accident scene, vehicle damage, and skid marks can help reconstruct the accident and determine fault.
• Traffic Laws: Oregon's traffic laws regarding right-of-way are crucial in determining fault. A driver who violates these laws is typically considered at fault.
• Insurance Investigation: Insurance companies will conduct their own investigations to determine fault. They may review the police report, interview witnesses, and examine the evidence.

Oregon's Comparative Fault Law

Oregon follows a modified comparative fault system, which means that you can recover damages even if you were partially at fault for the accident. However, your recovery will be reduced by your percentage of fault. If you are found to be more than 50% at fault, you cannot recover any damages (ORS 31.600).

Example: If you are awarded $10,000 in damages but are found to be 20% at fault, you will receive $8,000. If you are found to be 60% at fault, you will receive nothing.

Types of Compensation Available in a Failure to Yield Accident

If you've been injured in a failure to yield accident, you may be entitled to compensation for the following damages:

• 💰 Medical Expenses: This includes past and future medical bills, such as doctor visits, hospital stays, physical therapy, and medication.
• 🤕 Lost Wages: You can recover lost wages for time missed from work due to your injuries. This includes both past and future lost earnings.
• 🛠️ Property Damage: You can recover the cost of repairing or replacing your vehicle.
• pain_face Pain and Suffering: You can recover compensation for your pain and suffering, emotional distress, and loss of enjoyment of life.
• 💔 Loss of Consortium: In some cases, a spouse can recover compensation for the loss of companionship, support, and services resulting from their spouse's injuries.
• 💀 Wrongful Death: If the accident resulted in a fatality, the deceased's family may be able to pursue a wrongful death claim.

Negotiating with Insurance Companies

Dealing with insurance companies after an accident can be challenging. Insurance companies are businesses, and their goal is to minimize payouts. Here are some tips for negotiating with insurance companies:

• Don't Admit Fault: Avoid admitting fault for the accident, even if you think you might be partially responsible.
• Be Careful What You Say: Be careful about what you say to the insurance adjuster. Avoid downplaying your injuries or providing any information that could be used against you.
• Document Everything: Keep detailed records of all communication with the insurance company, including dates, times, and the names of the people you spoke with.
• Know Your Rights: Understand your rights under Oregon law. An attorney can help you understand your rights and protect your interests.
• Get It in Writing: Always get any settlement offers in writing.
• Don't Settle Too Quickly: Don't rush to settle your claim before you have a clear understanding of the full extent of your damages.

Important Note: It's generally advisable to consult with an attorney before accepting any settlement offer from an insurance company.

The Role of a Personal Injury Attorney

A personal injury attorney can play a crucial role in helping you navigate the complexities of a failure to yield accident claim. An attorney can:

• 🕵️ Investigate the Accident: An attorney can conduct a thorough investigation of the accident to gather evidence and determine fault.
• 🧑‍⚖️ Negotiate with Insurance Companies: An attorney can negotiate with the insurance company on your behalf to ensure that you receive fair compensation.
• 📄 File a Lawsuit: If the insurance company refuses to offer a fair settlement, an attorney can file a lawsuit to protect your rights.
• 🤝 Represent You in Court: If your case goes to trial, an attorney can represent you in court and present your case to a judge or jury.
• 🧠 Provide Legal Advice: An attorney can provide you with legal advice and guidance throughout the claims process.

Statute of Limitations in Oregon

In Oregon, the statute of limitations for personal injury claims is generally two years from the date of the accident (ORS 12.110). This means that you must file a lawsuit within two years of the accident, or you will lose your right to recover damages.

It's essential to consult with an attorney as soon as possible after an accident to ensure that you don't miss the statute of limitations.

Specific Considerations for Motorcycle Accidents

Motorcycle accidents involving failure to yield often result in severe injuries due to the lack of protection for the rider. In these cases, it's even more critical to have experienced legal representation. Juries can sometimes be biased against motorcyclists, so an attorney needs to effectively demonstrate the negligence of the other driver.

Specific Considerations for Pedestrian and Bicycle Accidents

Oregon law strongly favors the safety of pedestrians and bicyclists. Drivers have a heightened duty of care to watch out for these vulnerable road users. If you were injured as a pedestrian or cyclist due to a driver's failure to yield, your case might have a stronger foundation for recovery.

Practical Advice for Oregon Drivers

• 👀 Be Alert and Attentive: Always be aware of your surroundings and pay attention to traffic signals, signs, and other vehicles.
• 📵 Avoid Distractions: Avoid distractions such as cell phones, texting, and eating while driving.
• 🛣️ Yield When Required: Always yield the right-of-way when required by law.
• 🐌 Drive Defensively: Anticipate the actions of other drivers and be prepared to react.
• 🌧️ Adjust to Weather Conditions: Adjust your driving speed and following distance based on weather conditions.

Conclusion

Failure to yield accidents can have devastating consequences. Understanding your rights and options is crucial if you've been involved in such an accident in Oregon. By taking the right steps, gathering evidence, and consulting with an attorney, you can protect your interests and seek the compensation you deserve.

Disclaimer: This article is for informational purposes only. You should consult with an attorney to discuss your specific situation.