Although Tel-Law information is periodically reviewed, it is important for you to realize that changes may occur in this area of law. This information is not intended to be legal advice regarding your particular problem, and it is not intended to replace the work of an attorney.
If you do not have an attorney, the Oregon State Bar Lawyer Referral Service can help you. Online Lawyer Referral Service information and a fill-in form is available. Or you may contact the service by phone: The number to call from the Portland area is 503-684-3763 or toll-free from anywhere else in Oregon, 1-800-452-7636.
The following information regarding automobile accidents is brought to you as a public service by the lawyers of the State of Oregon. The material presented is general legal information intended to alert you to possible legal problems and solutions.
Every person should have a general idea of what to do if involved in an accident either as a driver, passenger, or a witness. Action taken immediately following an accident may have serious consequences, and failure to comply with certain requirements may constitute a crime, subjecting the violator to possible fines and imprisonment. By keeping a cool head and remembering a few basic rules, you can avoid future complications.
If you are involved in an accident, here are some helpful suggestions of what to do:
Stop immediately at the scene of the accident, or as soon as you can without obstructing traffic. Remain at the scene of the accident until you have given the following information to the other driver: your name, address, registration number of your vehicle, name of your insurance company and the name and address of any occupants of your vehicle. Upon request, give the operator or owner of the vehicle or property your name and address and the name and address of the owner of the vehicle you were driving. If you cannot find the operator or owner, leave a written notice with this information in a conspicuous place on the vehicle or property.
Stay at the scene, unless your injuries force you to do otherwise. Do not leave the scene of the accident until you have completed the procedures outlined. If you fail to provide the necessary information, you may be accused of a crime. If someone is seriously injured, call a doctor or an ambulance. Do not move the injured, unless necessary; it may add to the injuries. Keep the injured person warm.
If the accident is serious and results in injury or death to any person or in property damage in excess of $500, call the police. When the police arrive, cooperate by supplying your name address and license number.
You are under no obligation to give a statement about the accident to the police or anyone else. Nevertheless, a brief description of the accident will help the police in their investigation. The law does not require you to admit any blame or guilt, and you should not do so at the scene of the accident. Although you may think you were at fault, you may learn later that you were not at fault. The scene of an accident is no place for comment. This can be done later when you have all the facts and emotions are calm. At the scene of the accident, keep your notes and information strictly to yourself. In case of a death, serious injury or property damage, it is recommended that you consult a lawyer as soon as possible.
Make every effort to prevent further accidents. If possible, have someone stationed to warn approaching vehicles. Place flares or other signals on the highway to warn oncoming cars that there has been an accident.
Get the name, addresses and telephone numbers of any witnesses. Attempt to obtain a short summary of what they saw, and, if possible, take notes.
As soon as possible after the accident, make your own written notes on all significant facts. Your notes should be as specific as possible because memories fade quickly. Make a diagram showing the positions of the vehicles before, at the time of, and after the accident. Step off or measure the exact distance of skid marks, and other important distances and write them down. Make certain that, at a later date, you can locate the points on the road where the vehicles collided and where they came to a stop. Include such details as the time, condition of the road, weather and amount of traffic. If you have a camera at the scene, take pictures to preserve skid marks, positions of the vehicles, and other physical evidence that will disappear after the accident.
If you think you have been injured in any way, see a doctor as soon as possible. Serious and costly injuries are not always immediately apparent.
Oregon law requires that the driver of any vehicle involved in an accident resulting in injury or death, or damage to the property of any one person in excess of $500 must file an official accident report with the State of Oregon within 72 hours after the accident. The report must be made on forms that can be obtained from state or city police, county sheriff's offices or Department of Motor Vehicle offices. If you have a lawyer, or plan to employ one, have him or her examine your report before you file it. Be sure to keep a copy of this report for your future reference.
Have your attorney call or write your insurance company or agent as soon as possible. If the original notice is given orally, follow up with an immediate written notice, send it by certified mail, and keep a copy of the notice. If you fail to give notice within the amount of time specified in your policy, you may lose your insurance benefits.
Beware of hasty action. Delay making or accepting payments or signing any release or statement until after you have carefully considered the situation. If you do not fully understand the consequences of your actions, you should consult your lawyer.
If you receive a citation, consult your lawyer. It may affect your responsibility to other persons for money damages, as well as being a traffic offense. Also, it may affect your insurance coverage and premiums.
This information is from the Oregon State Bar's Tel-law service, a collection of recorded legal information messages prepared by the lawyers of Oregon. In addition to being online, the Tel-law service is accessible by telephone at 503-620-3000 or toll-free in Oregon only, 1-800-452-4776. A touch tone phone allows direct access 24 hours a day, 7 days a week. To receive a free Tel-law brochure listing the subjects available call 503-620-0222, ext. 0.
