It isn’t just other vehicles that can lead to auto accidents, as even something as insignificant as road conditions can contribute to this. So, if you have been in a poor road condition accident in Portland, Oregon, you may not know what to do next or who can be held liable.
If you are a victim of a car crash caused by a road defect or hazard, contact a Portland personal injury attorney as soon as you can. At Henderson Taylor Law Firm, our team of car accident lawyers has extensive experience handling car accident cases across Oregon, including those involving unsafe roadways.
Keep reading to find out what to do next if you are in a poor road condition accident in Portland, Oregon.
Common Road Condition Hazards That Can Lead to Accidents
Getting into a car crash caused by a road defect isn’t as uncommon as you may think. Road conditions are incredibly important for the safety of drivers, and if not maintained, can lead to a variety of preventable accidents.
Here are some examples of common road condition hazards that can contribute to or directly cause auto accidents:
- Potholes
- Uneven pavement
- Cracked asphalt
- Defective guard rails
- Inadequate signage
- Missing signage
- Missing or malfunctioning traffic signals
- Poor road design
Who Can Be Held Liable For a Road Condition Accident in Portland, Oregon?
In Oregon, state and local governments are responsible for maintaining public roadways, keeping them safe for the general public. Because of this, if you’re in a road condition accident in Portland, Oregon, it is very likely that the at-fault party will be a government entity.
The good news is that it is possible to file an unsafe road accident injury claim against an Oregon government entity. However, the process of doing this will be different than filing a general auto accident claim. It could also be more difficult to get a desirable settlement since you need to go above and beyond when proving that the government entity acted negligently when it failed to maintain safe road conditions.
For the best chance of getting a favorable outcome, you should get the help of a Portland personal injury lawyer. A lawyer can help you navigate the complexities around proving government liability as well as the specific legal steps you need to take when filing this type of claim.
What Happens When a Government Entity is at Fault?
The main difference between filing a government liability car accident claim in Oregon rather than a normal car accident claim is that you first need to file a notice of claim. This is a formal written notice that warns the government body or agency that you will be filing a lawsuit against it.
The notice of claim must include the nature of the claim and the place, time, and circumstances surrounding the accident. You also need to provide all of your contact information and your attorney’s contact information.
The deadline for filing this notice of claim is 180 days from the date of the accident, and if you fail to file the claim within this deadline, you lose the right to file a lawsuit.
Steps to Take After a Road Condition Accident in Oregon
The steps you take directly after the auto accident can have a huge impact on the outcome of your claim. That is why you should have an idea of what you need to do to protect your right to file a claim as well as protect your health.
- Report the accident: If you aren’t seriously injured after the accident, the first thing you should do is call 911 to report the crash. When you do this, a police officer will arrive at the scene to do a police report, and you can also request that an ambulance be sent if you are injured.
- Get medical care: It’s always a good idea to request medical care at the scene of the collision so that you can get checked out for any possible injuries. However, if you aren’t seriously injured and don’t need immediate medical attention, you should get medical care within the next day or two, if at all possible. The sooner you can get medical care, the better, since you will have more thorough documentation.
- Hire an attorney: As soon as you can after the accident, you should get representation from a Portland personal injury lawyer. An attorney can help you evaluate your case to determine who is liable and how you should proceed with your claim.
- Gather evidence: The next step is to gather as much evidence as you can proving that the government entity was negligent. Ideally, you should gather evidence directly after the accident, but if that isn’t possible, you can still do this later on with the help of your attorney. You should prioritize evidence such as medical bills, medical diagnoses, doctor’s notes, photos of property damage, witness statements, police reports, and expert testimony.
Hire an Experienced Car Accident Attorney at Henderson Taylor Law Firm
Filing a pothole car accident claim in Portland is the next step anyone should take if they are the victim of a road hazard that led to an accident. However, these cases can be a bit more complex, especially if they involve a government entity, which is why you should first get legal representation.
At Henderson Taylor Law Firm, our experienced car accident lawyers are committed to defending the downtrodden and helping our Oregon clients get the outcome they deserve. For expert legal assistance from one of our attorneys, contact us today at 360-737-1478 or fill out our online form.
FAQ Section
Can I sue the city for a car accident in Portland?
Sometimes, but you will need to be able to prove that the city was negligent in some way, which directly contributed to the accident.
What proof do I need for a road hazard claim?
You can collect evidence like photos of the collision scene, photos of property damage, witness statements, police reports, diagrams of the scene, etc.
Are there special deadlines for government claims?
Before you move forward with your actual accident claim, you will need to file a notice of claim within 180 days of the accident.