Experienced Portland Oregon Rear-End Accident Attorney

Portland Rear-End Accident Attorney

Find out why we have some of the best Portland auto accident lawyers

Have You Recently Been in a Rear-End Accident? Don’t Let the Stress and Confusion Consume You.

You are not alone, we can help you. Goldberg & Loren has a proven track of over 30 years in helping victims involved in rear-end accidents in Portland. 

We can help get you justice and help in getting the maximum amount of compensation for your injuries. Contact Goldberg & Loren today for a free consultation and take the first step towards your financial recovery today.

Rear-end accidents can be devastating and usually impact both the drivers involved. This is because rear-end collisions result in severe back-and-forth motions of an individual’s head and neck, known as whiplash.

In Portland alone, 2,603 rear-end collisions were reported in 2021. [1]

What is a Rear-End Accident?

A rear-end accident is a type of motor vehicle collision that happens when one vehicle hits another from behind and is mostly reported in places with heavy traffic congestion.

Rear-end collisions are one of the most common types of car accidents, making up almost a third of all crashes and almost half of all collisions involving more than one vehicle. [2]

Injuries caused by these accidents require visits to a doctor for checkups and often can result in major injuries that could lead to concerns about incurring medical bills. Also, the impact on your income due to missed work escalates the situation. Dealing with the physical pain alone is already more than you deserve, so don’t worry about the financial implications.

If you have been involved in a rear-end accident in Portland, contact our experienced car accident lawyer at Goldberg & Loren. 

What is a Rear-End Accident?​

What Are The Common Causes of Rear-End Accidents in Portland, Oregon?

There are many potential causes for these types of accidents; some of the most common include:

  • Distracted driving: When a negligent driver is not paying attention to the road, they may not notice that the vehicle in front of them has slowed or stopped, leading to a rear-end collision. Distracted drivers are particularly dangerous in heavy traffic, where sudden stops are more common. From 2016-2020, there were 59,074 convictions for distracted driving in Oregon. [3]
  • Following too closely: If a driver is tailgating the vehicle in front of them, they may not have enough time to react if the vehicle ahead suddenly brakes or stops. One of the most common reasons for a rear-end accident is when a driver is following the car in front of them too closely. [4]
  • Speeding: Driving at excessive speeds can make it difficult to stop in time to avoid a collision. Out of 7999 accidents in Portland, 320 were caused by speeding in 2021. [1]
  • Bad weather: Rain, fog, or snow can decrease visibility and make it harder for drivers to see or stop in time.
  • Malfunctioning brakes: Faulty brakes can make it difficult to come to a stop or slow down in time to avoid a crash. Twenty-four accidents were caused by mechanical defects in Portland in 2021. [1]
  • DUI: Drunk drivers and those driving under the influence can have impaired judgment and poor reaction time, making it more likely that a rear-end collision will result. There were 272 accidents in Portland that resulted from drunk diving in 2021. [1]
Common Causes of Rear-End Accidents in Portland, Oregon​

When assigning fault in a rear-end accident, the tailing driver is usually deemed at- fault. There are exceptions, such as cases of sudden stops or when the driver in front fails to use proper signals. Seek the help of our experienced personal injury lawyers in Portland to ensure fair compensation.

Accident Injuries From a Rear-End Accident in Portland

In rear-end crashes in Portland, Oregon, the injuries can range from mild to severe. Some of the most common types of physical injuries that can occur in a rear-end collision include:

  • Whiplash: Whiplash is a common injury that occurs when the neck of an injured person is suddenly and violently jerked back and forth. This can cause pain, stiffness, and reduced range of motion in the neck.
  • Head injuries: It is possible to get traumatic brain injury after the accident.
  • Back injuries: The force of a rear-end collision can also cause back injuries, such as herniated discs, spinal cord damage, or fractures.
  • Broken bones: Broken bones are also a common injury in rear-end accidents, especially in the wrists, arms, and legs.
  • Soft tissue injuries: It is likely to get soft injuries, including bruises and stains.

Seek immediate medical treatment after a rear-end accident in Portland, Oregon, even if you feel fine, as some injuries may not immediately appear and can worsen over time.

What Are Common Symptoms of a Whiplash Injury After a Rear-end Collision?

Some common symptoms of a whiplash injury after a rear-end collision include:

  • Neck pain and stiffness
  • Headaches, often starting at the base of the skull
  • Shoulder pain or stiffness
  • Dizziness
  • Blurred vision
  • Fatigue
  • Difficulty concentrating or remembering things
  • Ringing in the ears (tinnitus)
  • Numbness or tingling in the arms

If you experience any of these symptoms after a rear-end accident, seek medical attention promptly to receive a proper diagnosis and treatment plan. 

Accident Injuries From a Rear-End Accident​

Financial Compensation After a Rear-End Collision in Portland, Oregon

If you’ve been involved in a rear-end collision in Portland, Oregon, you may be eligible for financial compensation.  The exact damages you will receive depend on more than one factor, including the extent of injuries, lost wages, and other damages you have paid as a result of the accident.

Medical expenses, including hospital bills, consultations, physical therapy, and medication, are just a few of the medical care expenses you may be able to claim. If you missed work or lost your job due to the accident, you may be entitled to wage replacement benefits.

Property damage, ranging from car repairs to replacement rentals, can also be included in your compensation claim.

You may also be able to recover non-economic damages like pain and suffering, emotional distress, and loss of enjoyment of life.

Working with an experienced attorney can help to ensure that you receive fair compensation for your losses.

Liability In Rear-End Accidents in Portland

In Portland, liability in rear-end accidents is mainly attributed to the driver who rear-ends another vehicle. The general presumption is that the driver in the back failed to maintain a safe distance or drive at a reasonable speed, thus causing the collision. However, there are circumstances where shared fault or other factors may come into play.

These include:

  • Rear Driver Liability:
    The driver in the rear is typically presumed at fault for the accident due to their failure to maintain a safe distance or exercise proper caution while driving. This is often referred to as the “rear-end presumption” or the “following too closely” rule. It is the rear driver’s responsibility to maintain a reasonable distance and be prepared to stop or slow down if necessary.
  • Presumption of Negligence:
    In rear-end accidents, there is a legal presumption of negligence against the rear driver. This means that the burden of proof falls on the rear driver to demonstrate that they were not at fault or that another party’s actions contributed to the accident.
  • Comparative Negligence:
    While the rear driver is typically considered at fault, Oregon follows a modified comparative negligence system. This means that if it is determined that both parties were partially at fault, their liability may be apportioned based on their respective contributions to the accident. If the rear driver is found to be 50% or more at fault, they may be barred from seeking compensation from the other party.
  • Exceptions to Rear Driver Liability:
    There are circumstances where the rear driver may not be solely responsible for the accident. For example, if the front driver suddenly and unexpectedly reverses or stops without a valid reason, contributing to the collision, the front driver may share liability.

Gather evidence after a rear-end accident, such as photographs, witness statements, and police reports, to establish liability.

What To Do After a Rear-end Accident in Portland

If you or a loved one have recently been in a rear-end accident, take these actions to address your physical injuries and legal interests:

  • Seek Medical Attention: The priority after a rear-end accident is to ensure that everyone involved receives the necessary medical care. Even if you don’t feel injured at the scene, see a doctor as some injuries may not be immediately apparent.
  • Contact the Police: Call 911 to report the accident and have an officer come to the scene and file a report. It can help in deciding the fault and will be used as evidence since it documents all the details of the accident.
  • Exchange Information: Obtain the contact information, insurance details, and driver’s license information from all parties involved in the accident. Be sure to also get contact information from any witnesses present.
  • Document the Scene: Take photographs of the accident scene, including any damage to vehicles, skid marks on the road, traffic signs or signals, and any other relevant details that can help establish what happened.
  • Notify Your Insurance Company: Report the accident to your insurance company as soon as possible. Provide them with all the necessary information and documentation related to the accident.
  • Consult with Our Attorney: Speak with our skilled personal injury attorney who specializes in rear-end accidents in Portland. We help you get the maximum compensation and get you the justice you deserve.
Financial Compensation After a Rear-End Collision in Portland, Oregon​

Rear-End Accident and Insurance in Portland Oregon

In Oregon, drivers are required to carry liability insurance coverage to cover the damages they cause in an accident. The minimum liability coverage policy required by law is $25,000 for bodily injury per person, $50,000 for bodily injury per accident, and $20,000 for property damage per accident.

These minimum requirements may not be sufficient to cover the full extent of damages in a rear-end accident.

Federal Highway Administration data from 2018 revealed comprehensive costs of a rear-end vehicle accident at an intersection with signals averaged $26,700. Since costs have increased since this report, accident victims today likely will receive even more substantial compensation. [5]

If you are in a rear-end collision and it is determined that the other driver was at fault party, their liability insurance should cover your damages.

Insurance companies are often more concerned with their bottom line than with compensating accident victims fairly. They may try to lowball the amount of compensation they offer or deny the claim altogether. That’s why it is important to have an experienced rear-end accident attorney from Goldberg & Loren on your side.

Statute of Limitations in Portland for Rear-End Accidents

The Statute of Limitations refers to the time limit within which legal action must be taken after an accident occurs.

In Oregon, the general Statute of Limitations for personal injury claims, including rear-end accidents, is two years from the date of the accident. This means that individuals involved in a rear-end accident have two years from the date of the accident to file a lawsuit against the at-fault party or their insurance company. [6]

There can be some exceptions to the Statute of Limitations depending on the circumstances, such as cases involving minors or individuals with limited mental capacity.

The Benefits of Working With Our Portland Rear-End Attorney

If you’ve been involved in a rear-end motor vehicle accident in Portland, Oregon, it can be overwhelming to deal with the aftermath. You may be juggling multiple issues at once: property damage, expenses from the hospital, pain, and phone calls from the other driver’s insurance. Let us handle those phone calls for you.

Our legal team of personal injury attorneys at Goldberg & Loren can help you navigate the legal process and get financial compensation for your injuries and losses.

The Benefits of Working With An Experienced Attorney​

The Initial Consultation

At Goldberg & Loren, we offer a free consultation to help you understand your legal options and determine the best course of action for your case.

During the consultation, our goal is to listen to all the details of the accident and to determine the effect of the accident on you and your loved ones. We help you understand your options; and the types of compensation you are obliged to receive, including lost wages, noneconomic damages, wrongful death, and more.

If you have been involved in a rear-end accident in Portland, Oregon, don’t hesitate to contact the law firm of Goldberg & Loren to schedule a free consultation.

Sources:

[1] Oregon Gov. (n.d.). https://www.oregon.gov/odot/Data/Documents/Crash_Summary_2021.pdf

[2] Mackin, S. (2023, March 21). Car Problems That Can Occur After a Rear End Collision. Mackin’s Auto Body. https://www.mackinsab.com/blog/car-problems-after-rear-end-collision/

[3] Oregon Department of Transportation : Distracted Driving : Safety : State of Oregon. (n.d.). Distracted Driving : Oregon Department of Transportation. https://www.oregon.gov/odot/safety/pages/distracted.aspx

[4] A. (2022, February 20). What Is the Cause of Most Rear-End Collisions? AICA Orthopedics. https://aica.com/what-is-the-cause-of-most-rear-end-collisions/

[5] Bieber, C. (2022, July 19). Rear-End Collisions: Fault & Compensation. Forbes Advisor. https://www.forbes.com/advisor/legal/auto-accident/rear-end-collision/

[6]Oregon Gov. (n.d.). https://www.osbplf.org/assets/forms/pdfs/Statutes%20of%20Limitation%20Generally.pdf

Goldberg & Loren Personal Injury Attorneys

6500 S Macadam Ave #300,
Portland, OR 97239
(971) 339-8080

George Goldberg

If you or a loved one were recently the victim of a rear-end accident in Portland, Oregon, call us to find out if you have a case!

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