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Portland, Oregon Distracted Driving Accident Lawyer Resources

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Distracted driving is now one of the most common forms of negligence I see in Portland crash cases. The driver who rear-ends you on I-405, the delivery van that drifts through a red light on Sandy Boulevard, the Uber whose driver is navigating on a phone and misses the fact that traffic has stopped. These are not freak accidents, they are the predictable result of phones and screens replacing attention to the road. Oregon has responded with one of the stricter hands-free laws in the country, and that law matters enormously in civil cases.

Under Oregon's hands-free statute, drivers are generally prohibited from holding or using a mobile electronic device while operating a vehicle, with limited exceptions. Violating that law is a traffic offense on its own, but in a civil case it is also powerful evidence of negligence. In some circumstances it can even support a claim for negligence per se. Pair that with Oregon's modified comparative fault rule (where fault percentages decide everything) and it becomes clear why cell phone records, infotainment data, and eyewitness testimony about the other driver's behavior are among the first things we subpoena in a distracted driving crash.

I am George Goldberg, founding partner of Goldberg & Loren. In more than 32 years and 20,000+ injury cases, my firm has pursued distracted driving cases involving texting, phone calls, streaming, eating, navigation, and in-vehicle screens. We know how to preserve the evidence before it disappears — cell carrier data can be overwritten, vehicle event data recorders can be cleared — and how to use it to rebut the "I just didn't see them" defense that distracted drivers fall back on. Our Portland office is at 6500 S Macadam Ave Ste 380, Portland, OR 97239.

Below you will find our resources on distracted driving and Oregon law, plus the questions we hear most often from Portland clients hit by distracted drivers. If you have been injured by a driver you believe was on a phone or otherwise distracted, call our Portland office at (971) 339-8080 or the toll-free line at 1-888-352-9243 for a free consultation.

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Frequently Asked Questions

How do I prove the other driver was on their phone?
Cell phone records subpoenaed from the carrier, data pulled from the vehicle's event data recorder or infotainment system, social media activity, and witness statements are the main sources. Time is critical. Carriers only keep records for a limited period, and vehicle data can be overwritten. An early letter of preservation is one of the first things we send in these cases.
Is using a phone while driving always illegal in Oregon?
Oregon's hands-free law generally prohibits holding or using a mobile electronic device while driving, with limited exceptions such as true hands-free use or emergency calls. Violating the statute is a traffic offense in its own right, and in a civil case it can be strong evidence of negligence. The specifics of the exceptions are narrow.
Does distracted driving make the crash the other driver's fault automatically?
Strong evidence of distracted driving usually tilts the fault analysis heavily toward the other driver, but Oregon still applies comparative fault. The defense may still argue that you contributed to the crash in some way. Building the best possible fault picture is critical because Oregon's 51% bar means the fault percentage directly controls whether you recover at all.
How long do I have to file a distracted driving injury claim in Oregon?
Oregon generally imposes a two-year statute of limitations on personal injury claims arising from car crashes, measured from the date of the collision. Claims against public bodies, such as a crash involving a government vehicle, require a much earlier tort claim notice. Do not wait; phone and vehicle data disappear quickly.
Can I bring a claim against a rideshare company if the distracted driver was driving for Uber or Lyft?
Often yes. Rideshare drivers in Oregon are generally required to carry significant liability coverage while the app is in driver mode, with different coverage layers depending on whether the driver is waiting for a ride, en route to a passenger, or transporting one. We identify the correct coverage layer and pursue it as part of the case.

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