A Jury Verdict Research study found that the average motor vehicle accident case jury verdict in Oregon is $36,721. Car and other motor vehicle accident plaintiffs received money damages in 75% of these Oregon personal injury accident cases, a much higher percentage than the national average.
If you have been injured in a car accident in Portland, Eugene, Salem, Gresham, Beaverton, Hillsboro, Medford, Springfield, Bend, or Corvallis and need a car accident lawyer, call 1-800-553-8082 or get a free online consultation.
Settlement Value of Oregon Car Accident Cases
The settlement value of an Oregon car accident injury case is based on various factors. The nature and severity of the plaintiff’s injuries is always the most significant factor that drives the value of a case. More serious injuries involve more medical expenses and more pain & suffering, which equates to a higher settlement value. The chart below shows the average settlement value range of Oregon car accident cases based on the severity level of the plaintiff’s injuries.
|INJURY SEVERITY LEVEL
|LEVEL I (minor)
|$19,000 – $46,000
|LEVEL II (moderate)
|$59,000 – $185,000
|LEVEL III (severe)
|$210,000 – $686,000
Oregon Auto Accident Settlement Amounts and Jury Payouts
Below are Oregon car accident settlements and verdicts.
2023 – Oregon: $35,215 Verdict
The plaintiff was a passenger in a vehicle that was stopped at a red light at the end of the southbound off-ramp from Hwy 205 at its intersection with Interstate Boulevard in Portland, Oregon. The defendant allegedly failed to stop for the light and rear-ended the plaintiff’s vehicle causing bilateral shoulder, neck, thoracic and lumbar sprains and strains.
2023 – Oregon: $31,188 Verdict
The plaintiff was traveling southbound on 11th Avenue NW in Portland, Oregon. The plaintiff contended the defendant failed to stop at a stop sign, resulting in a collision. The plaintiff’s vehicle struck the side of the defendant’s vehicle. Injuries included neck and back sprains/strains; lumbago and cervicalgia. Verdict included $12,663 in medical expenses.
2022 – Oregon: $1.02 Million – Verdict
A 62-year-old Tigard cyclist was struck by a Yamhill County Transit bus while riding in the bike lane on Highway 99 approaching SW Versailles Road and a bridge over the Tualatin River. He suffered significant injuries, including a broken clavicle, scapula, sternal fracture, and broken ribs. He spent over two weeks in the hospital and had just over $300,00o in medical bills. After a six-day trial, the jury ordered a payout of just over $1 million.
2022 – Oregon: $120,000 – Verdict
This bizarre case involved two car accidents occurring only six days apart in Marion County. The plaintiff, an adult male with an unfortunate history of arthritic and degenerative changes in his spine, claimed to have undergone fusion surgery at C3-4 after his vehicle was rear-ended on two separate occasions by two different drivers. The plaintiff settled with the first driver and proceeded to trial against the second driver, alleging that their negligence led to the plaintiff’s injuries and damages. The second driver denied liability and disputed the damages. At trial, the jury allocated 50 percent of the responsibility for the plaintiff’s damages to the first driver and 50 percent to the second driver.
2020 – Oregon: $285,000 – Verdict
A man was T-boned at a Portland intersection. The impact pushed his truck into a pole. The plaintiff reportedly suffered injuries to their chest, right shoulder, and neck in the accident, as well as headaches, sleep loss, and anxiety. He alleged that the at-fault driver’s negligence caused his injuries. The man claimed he failed to yield the right-of-way and ran a stop sign. The at-fault driver disputed whether the collision caused his injuries. A Multnomah County jury awarded him a $285,000 payout.
2020 – Oregon: $85,000 – Verdict
A woman was T-boned at NE 9th Avenue and NE Multnomah Street in Portland. She injured her collarbone, arm, shoulder, neck, back, hand, knee, shin, and feet. The woman also experienced the aggravation of her prior head injury. She alleged that the at-fault driver’s negligence caused her injuries. The woman claimed he carelessly operated his vehicle and failed to yield the right-of-way. The at-fault driver admitted fault but disputed whether the collision caused the woman’s injuries. A Multnomah County jury awarded $85,000.
2020 – Oregon: $176,705 – Verdict
A man was rear-ended at a Portland intersection. He suffered spinal muscle spasms, a rib sprain, and the aggravation of his prior spinal degeneration. The man also suffered unspecified head, neck, back, and shoulder injuries. He alleged that the at-fault driver’s negligence caused his injuries. The man claimed he tailgated him and excessively sped. The at-fault driver admitted negligence but disputed whether the collision caused the man’s injuries. The Multnomah County jury awarded $176,705.
2020 – Oregon: $13,000 – Verdict
A woman was T-boned at the intersection of SW Vermont Street and SW 45th Avenue in Portland. She suffered soft-tissue neck, back, and thigh injuries. The woman also developed headaches. She alleged that the at-fault driver’s negligence caused her injuries. The woman claimed she excessively sped and failed to yield the right-of-way. A Multnomah County jury ruled in the woman’s favor. They awarded her $13,000.
2020 – Oregon: $44,266 – Verdict
A man was T-boned in Marion County. He suffered soft-tissue head, neck, back, shoulder, forearm, hand, hip, pelvic, and leg injuries. The man also developed headaches, dizziness, nausea, and sleeplessness. He alleged that the at-fault driver’s negligence caused his injuries. The man claimed he failed to drive at safe speeds and maintain a proper lookout. The at-fault driver denied liability. A Marion County jury ruled in the man’s favor. They awarded him a $44,266 payout.
2019 – Oregon: $75,000 – Verdict
A woman was sideswiped by a truck. The collision aggravated her prior neck and back injuries. She alleged that the truck driver’s negligence caused these aggravations. The woman claimed he negligently turned right from the left turn lane, failed to yield the right-of-way, and failed to follow traffic signals. She also made a vicarious liability claim against the truck driver’s employer. Both defendants admitted liability. However, they disputed whether the collision caused her injuries. A Multnomah County jury awarded $75,000.
2019 – Oregon: $100,611 – Verdict
A woman was sideswiped. She suffered lumbar radiculopathy, lumbar spondylosis, lumbar facet syndrome, sacroiliac joint dysfunction, and spinal strains. The woman alleged that the at-fault driver’s negligence caused these injuries. She claimed he made a negligent lane change and failed to maintain a proper lookout. The at-fault driver admitted liability. However, he disputed whether the collision caused the woman’s injuries. A Multnomah County jury ruled in the woman’s favor. They awarded her $100,611.
2019 – Oregon: $385,000 – Verdict
A pedestrian was struck at a Eugene crosswalk. She suffered severe injuries. The woman alleged that the at-fault driver’s negligence caused them. She claimed she excessively sped and failed to yield to a pedestrian. The at-fault driver admitted liability but disputed whether the collision caused the woman’s injuries. A Lane County jury awarded $385,000.
2019 – Oregon: $61,347 – Verdict
A woman was struck head-on in Canby. She injured her neck, back, chest, clavicle, and right knee. The woman alleged that the at-fault driver’s negligence caused these injuries. She claimed he operated his vehicle while intoxicated and negligently swerved his vehicle into oncoming traffic. The woman also made a UIM claim against Farmers. A Multnomah County jury awarded $61,347.
2018 – Oregon: $100,825 – Verdict
A woman was rear-ended by a delivery truck. She suffered a closed head injury, a scalp contusion, a left meniscus tear, left shoulder arthrosis, and spinal strains. The woman alleged that the delivery truck driver’s negligence caused her injuries. She claimed he failed to maintain a proper lookout, negligently tailgated her, and carelessly operated his vehicle. She also claimed vicarious liability against the delivery truck driver’s employer. The defense admitted liability but disputed the injury claims. A Multnomah County jury ruled in the woman’s favor. They awarded her $100,825.
Oregon Car Accident Law
Like most states, Oregon is a fault-based state when it comes to car accident liability. The at-fault party is generally responsible for the damages caused. This means car accidents in Oregon are governed by the usual civil justice system that awards monetary damages for injuries and wrongful death against the responsible party.
This article provides an overview of the essential aspects of Oregon car accident law, including statutes, insurance requirements, and critical appellate opinions.
Oregon Car Accident Statute of Limitations
ORS Title 18, Chapter 31: Limitations of Actions and Suits
Oregon Revised Statutes (ORS) Chapter 31 sets forth the statute of limitations for filing a personal injury claim in Oregon. According to ORS 31.105, a person has two years from the date of the accident to file a claim for damages resulting from a car accident. If the claim is not filed within this period, the injured party will likely lose the right to pursue compensation.
Oregeon Statutory Scheme for Car Accidents: ORS Title 16, Chapter 811
ORS Title 16, Chapter 811 provides the landcape for the rules of the road in Oregon. These are the traffic laws that drivers must follow to ensure safety on the roads. Violating these rules can result in a driver being found negligent and therefore liable for damages in a car accident.
Notable provisions in this chapter include:
- ORS 811.265: Failure to obey traffic control device
- ORS 811.275: Failure to yield right of way at uncontrolled intersection
- ORS 811.280: Failure to yield to pedestrian on sidewalk
Oregon Car Insurance Policies
Oregon’s Financial Responsibility law requires all drivers to carry a minimum amount of liability insurance to cover any damages they may cause in an accident. The minimum insurance coverage requirements in Oregon are as follows:
- $25,000 per person for bodily injury
- $50,000 per accident for bodily injury
- $20,000 per accident for property damage
- $15,000 per person for personal injury protection (PIP)
- $25,000 per person and $50,000 per accident for uninsured motorist bodily injury coverage (UMBI)
Oregon PIP Insurance
Personal Injury Protection (PIP) insurance in Oregon covers medical expenses, lost income, and other expenses when you’re injured in a car accident. Again, every car insurance policy in Oregon must include at least $15,000 PIP coverage. Relatively speaking, this is signficant amount of coverage for an at -fault state like Oregon.
There are three main categories of people who can receive PIP insurance benefits in Oregon:
- If you were injured while driving your own car, your insurance company will pay PIP benefits. Oregon PIP is no-fault insuarnce. So you can collect even if you were responsible for the car crash.
- If you were injured as a passenger in someone else’s car, their insurance company will pay PIP benefits
- Pedestrians and bicyclists injured by cars can also collect PIP benefits from their insurance company or, in some cases, from the insurance company of the car owner that hit them (a bicyclists often do not have insurance coverage so Oregon law lumps them in with pedestrians)
PIP covers medical expenses incurred within two years of the accident, up to the policy limits. If you are unable to work for at least 14 days due to your injuries, PIP insurance will cover 70% of your lost income, up to a maximum of $3,000 per month for up to 52 weeks. In the medical evidence supports that you were disabled for at least 14 days, PIP will pay $30 per day for help with typical household services you cannot perform. PIP in Oregon is very expansive – there are also funeral benefits and benefits for caring for an injured child.
Do you have to pay back your PIP benefits if you get a recovery against the at-fault driver? Only if the insured receives benefits exceeding their total recovery.
Uninsured Motorist Coverage in Oregon
Uninsured motorist coverage (UM) is an essential component of auto insurance policies in Oregon. It provides financial protection for policyholders in case they are involved in an accident with a driver who does not have liability insurance or does not have sufficient coverage to pay for the damages caused by the accident. In Oregon, auto insurance providers are required to offer uninsured motorist coverage as part of their policies, and policyholders must have a minimum amount of coverage to comply with state regulations.
The overarching objective of Oregon uninsured motorist law is to “place the injured policyholder in the same position as if the tortfeasor had had liability insurance.” This intention is partially demonstrated through the legal stipulation that UM coverage and bodily injury liability coverage should be symmetrical by default. So this minimums auto insurance amounts we gave you above apply in uninsured and underinsured motorist cases as well.
Modified Comparative Negligence
Oregon has a modern system for dealing with a victim who is partially at fault for her own injuries. Oregon has adopted by statute a modified comparative negligence system (ORS 31.600) in determining fault and awarding damages in car accident cases. Under this system, a person can still recover damages even if they are partially at fault for the accident, as long as their degree of fault does not exceed 50 percent. However, their recovery will be reduced by their percentage of fault.
For example, if a person is found to be 49 percent at fault for an accident and suffers $1,000,000 in damages, they would be able to recover 51 percent, or $510,000 of payout the jury awards. Settlement amounts are similarly reduced with an eye towards relative fault if the parties agree the plaintiff was partially responsible for the car accident.
Oregon Wrongful Death Car Accident Lawsuits
Oregon’s wrongful death laws are governed by specific statutes within the Oregon Revised Statutes (ORS). These laws provide a framework for bringing legal action when a death has been caused by the wrongful act or omission of another.
Definition and Basis of Wrongful Death Claims
Statutory Definition: Oregon defines a wrongful death in ORS 30.020. A wrongful death claim can be brought when a person’s death is caused by the wrongful act or omission of another. The act that causes death must be such that the deceased could have pursued a personal injury claim had they survived.
Who Can File a Wrongful Death Claim
Under ORS 30.020, a wrongful death claim in Oregon must be filed by the personal representative of the deceased person’s estate. This representative could be named in a will or appointed by the court if there is no will. While only the personal representative can file, the beneficiaries are a different story. The PR brings a claim on behalf of the deceased person’s beneficiaries. According to ORS 30.020, this typically includes the spouse, children, and parents of the deceased. In some cases, other family members may also be considered beneficiaries.
Statute of Limitations
Time Limit for Filing: Under ORS 30.020, a wrongful death claim must be filed within three years of the date of the injury causing death. This is a critical deadline. Yes, there are exceptions. But they rarely apply. Failing to file within this period typically results in the claim being barred.
Types of Damages Recoverable in an Oregon Wrongful Death Lawsuit
- Economic Damages: These can include medical expenses, funeral and burial costs, lost income, and potential future earnings of the deceased, as detailed in ORS 31.710.
- Non-Economic Damages: These cover pain and suffering of the deceased prior to death, loss of companionship, guidance, and emotional support for the beneficiaries. ORS 31.710 also addresses non-economic damages but notes that they are subject to certain limitations.
- Punitive Damages: In cases of egregious wrongdoing, punitive damages may be awarded to punish the wrongdoer, as per ORS 31.730.
Contact Us About Oregon Auto Accident Cases
If you have been seriously injured in an Oregon auto accident, contact us today for a free consultation. Call us at 800-553-8082 or contact us online.