Oregon is one of the safer U.S. states to drive in, with around 300 road deaths per year. Any lawsuit or insurance claim will be resolved on the basis of Oregon’s personal injury and wrongful death laws, as well as the state’s road safety laws. Some of the most prominent features of these laws are listed below.
Statute of Limitations: Generally, two years from the date of incident (auto accident) or (medical malpractice). ORS 12.110. However, there are numerous exceptions to the two-year period from date of incident (such as the Discovery Rule). You must consult with an attorney as to your particular case and facts.
When the Victim is Partly at Fault: If the plaintiff shares fault with the defendant, the court will apportion fault between the parties on a percentage basis. If the plaintiff was 51 percent or more at fault, his claim will be dismissed and he will receive nothing. If the plaintiff was no more than 50 percent at fault, the court will subtract the plaintiff’s percentage of fault (35 percent, for example) from his damages, and award him the remainder (65 percent, for example).
Fault/No Fault Rule: Oregon is a “fault” plus Personal Injury Protection (PIP) car insurance state. This means that if the two parties cannot agree on damages or blame, it is the right of one or both parties to sue the other in a court of law. All Oregon non-commercial auto policies include no-fault PIP healthcare and wage loss coverage, unless a party is self-insured.
Minimum Insurance Coverage: Oregon drivers are required by law to maintain auto liability insurance coverage that covers at least $25,000 per injured victim, $50,000 total personal injury per accident and $10,000 in property damage.
Uninsured/Underinsured Motorist Coverage: Oregon drivers are required to purchase uninsured and underinsured motorist insurance that covers at least $25,000 per injured victim and $50,000 personal injury per accident.
Types of Damages Available:
- Economic Damages are available
- Noneconomic Damages – ORS 31.310
- Capped at $500,000 (except in suits against public bodies or suits under ORS 656)
- Subject to other limitations, such as plaintiff driving without insurance or driving under the influence – ORS 31.715
- Punitive Damages – ORS 31.725 – 31.740
- No caps
- Subject to limitations
- A portion of punitive damages goes to the Department of Justice Crime Victims’ Assistance fund – ORS 31.735
- Product Liability for Defective Vehicles – ORS 30.905
- Statute of Repose: Civil action must be commenced before the later of:
- Ten years after the product first purchased or
- Expiration of statute of repose for equivalent civil action in state which product was manufactured. If produced in foreign country, then expiration of statute of repose of the state in which the product was imported.
- Two-year statute of limitation generally, Three-year statute of limitation for wrongful death
Motorcycle Helmet Laws:
- All riders must wear helmets.
Distracted Driving (texting while driving, etc.):
- Texting and driving and using hand-held electronic devices while driving are both prohibited in Oregon. Drivers under 18 may not use cell phones while driving, even if they are not hand-held.
