If you are hit by a delivery driver in Oregon, there are several things to keep in mind.
First, you will need to know if the auto insurance company believes you are partially to blame for a crash. This is important because Oregon is a comparative negligence state. This means if you are partially responsible for the crash, your financial award will be reduced by the appropriate percentage. For instance, if you have $10,000 of damages in an Oregon car accident and the insurance company says you are 50% at fault, your damages would be reduced by $5000. If you are more than 50% responsible for the crash according to the insurance company, you are barred from any recovery.
Next, you need to know if the delivery driver was working at the time of the crash. This is important so you know if you need to file a claim against the driver personally or against his employer.
If the delivery driver caused an automobile crash during their work duties, you may be able to sue the company; this is called respondent superior. This is where the employer is liable for negligent actions by the worker if the person was on duty at the time. To recover financial damages if you were hit by a worker at UPS, you have to prove the following:
The first two items are fairly easy to prove in a personal injury claim. But the third point is somewhat of a gray area. For instance, if the delivery driver was on a lunch break when the accident happened, the delivery company may argue that they are not liable for your injuries. But if you claim meets the above criteria, you can probably file a claim against the delivery company and their insurance company.
If the delivery company employee caused your accident, the worker should contact their superior at the crash scene. You must call the police immediately.
There are several vital pieces of evidence you can collect at the crash scene to help your case:
It is important to give a statement to the responding police officer about how the accident happened. If you are taken from the crash scene by an ambulance, you should call the police in that city or community and provide a statement on the phone. The accident report will cover the facts of the crash from your point of view. This will help when you deal with the delivery driver’s insurance company.
If you were hurt in a car accident that was caused by any delivery driver, you may be able to claim compensation for your injuries and other losses. Contact The Herron Law Firm today 503-699-6496 for a FREE CASE REVIEW.
5285 Meadows Road, Suite 204, Lake Oswego, Oregon