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Oregon Car Accident Laws Most Drivers Don’t Know (But Insurance Companies Do)

Wed, 08 Apr 2026 18:55:19 GMT

Oregon Car Accident Laws Most Drivers Don’t Know

(But Insurance Companies Do)

Auto Insurance companies are filled with smart people who need to evaluate risk and extrapolate that risk over a long time and a large geographic area. If they get it wrong, then their company may fail, so they have every incentive to get it right. While their risk may seem like it is based on understanding damage done, there is another layer that is not just damage done, but how will the law of that jurisdiction value and evaluate that damage in terms of dollars lost for that particular car crash.

For example, according to money.com in 2020 there are substantial differences in auto insurance cost to the consumer that vary from state to state .

In 2024 the Nevada Division of Insurance cited rising cost of litigation as a major cost driver for insurance companies. As a result, to keep their businesses profitable, insurance companies are typically experts in how the laws of a particular state impact the value of a case. It is valuable, if you need to deal with a car crash, that you know a few of the major legal differences in Oregon Law.

(1) ORS 20.080

This statute is a tool that allows you to settle a small (under $10,000) injury claim quickly in Oregon by placing the risk of an attorney fee award against the at-fault driver on the at-fault driver if they fail to provide a written offer for settlement quickly and the case must be litigated and you recover more than the last-best pre-filing offer. I know it sounds confusing, but it is pretty simple: (1) You have to send a demand letter to the at-fault driver and their insurance carrier if known, (2) You have to provide “a copy of medical records and bills for medical treatment adequate to reasonably inform the person receiving the written demand of the nature and scope of the injury claimed.” (3) You have to wait out the 30 day time period for a response, (4) You cannot demand more than $10,000, (5) Then evaluate the last best offer if it is below $10,000 and if you think you can do better in a lawsuit then just file a lawsuit, if you win you get not just the amount of damages but also your attorney fees in bringing the lawsuit. It is important to note that this should be used when there is no risk of a counterclaim being brought against you because it the other side is successful in their counterclaim then you may owe them for their attorney fees.

This statute provides that if you don’t have your own car insurance you may not be able to recover your noneconomic damages. Remember that in Oregon we have economic damages which are verifiable monetary losses from a tort so like medical bills and property damage and we also have noneconomic damages which are losses that cannot really be reduced into dollars. Pain and suffering are what people think about typically when they think about noneconomic damages. Generally, the rule will not apply if (1) The at-fault driver was driving uninsured, (2) The at-fault driver was driving drunk, (3) The at-fault driver was driving recklessly in violation of ORS 811.140, (4) The tortious conduct was an intentional tort, (5) The at-fault driver was engaged in conduct that would constitute a felony at the time of the tortious behavior, (6) If you were driving uninsured but the policy lapsed less than 180 days ago and you don’t have a conviction for driving uninsured in violation of ORS 806.010 in the 1 year period immediately preceding the date on which the policy lapsed. The best takeaway from this is make sure you have auto insurance if you are driving, but if the policy lapsed recently, it is worth getting into the details of the timeline to see if this carve-out even applies to you.

So, in general, to evaluate negligence in Oregon you have to sort of zoom out from your own perspective and adopt the perspective of a hypothetical reasonable person. From that person’s perspective, was the risk of harm foreseeable? If so, assuming it caused damages, then the conduct is likely tortious and negligent. Interestingly, this evaluation is always done with the benefit of hindsight. But even so, in theory it decreases the likelihood that a person will engage in a course of conduct that causes a risk of harm to others.

I hope this has been helpful. If after reading it you feel like you need more information, feel free to call us at ( 541-HUNKING ) and we will be happy to help if we can and if not, try and get you to someone who can help you.

(2) ORS 31.715

This is Oregon’s approach to negligence law. It focuses on the foreseeable risk of harm caused by a person’s conduct and was stated best by the Oregon State bar when they said:

(3) Fazzolari Trio

How do I prepare for my consultation with an attorney?

Mon, 23 Mar 2026 13:28:02 GMT

How do I prepare for my consultation with an attorney?

So, you have been injured in a car crash, you called an attorney and got set up with an intake; but you want to prepare for this meeting to ensure that you are able to have a smooth and productive meeting. 

Good, I can help with this.  We are going to go through a hypothetical example to make clear what information is of the type that you should prepare for your meeting. 

Hypothetical:

Carry Crutches was on her way back to Eugene from a weekend trip to Odell Lake with her family.  While passing through Oakridge a man named Bud Wiser crossed the center line and crashed his car into Carry causing serious injuries.  Carry blacked out for just a moment, but when she awoke, Bud was standing at her driver’s door asking if she was ok.  “Call an ambulance please” Carry said and Bud called 911.  She could smell alcohol but had not been drinking and when the ambulance arrived, so did the police.  As EMT’s tended to Carry, ultimately transporting her by ambulance to Sacred Heart, she overheard the EMT’s say something about Bud drinking nearby at the corner and she saw him doing field sobriety tests. 

The police visited Carry in the ER where she found out her leg was broken.  The police let her know that her car had been taken in as evidence, and they gave her a card with the lead officer’s contact information and a police report number for the case against Bud.  She asked “what does all this mean? Will my insurance get me a rental car?  What about these medical bills? Am I going to be called as a witness in a criminal case?” and the police officer politely explained that he could not answer those questions or give legal advice.  So, Carry called Hunking Law (because this is where we can help).  Shortly after the crash, she was getting peppered with calls from insurance companies and an investigator of some type, but she directed them all to give her the chance to speak with an attorney.

The scene is set, and even though Carry gave preliminary information to the Intake Specialist at Hunking Law, she was hurt, without a car, and facing rising medical bills and lost wages from missing work. Carry feared for her future.  Her appointment with Attorney Jack was set for 10 am tomorrow morning and she wanted to be sure she was as prepared as she could be. 

If you find yourself injured in a car crash in Oregon, call us at Hunking Law ( 541-HUNKING ) and see what we can do to help.  Remember, Don’t Fear Your Future.  

First, it is important that you understand where the attorneys are coming from.  Yes, we need to know the facts about what happened, but we are not robots.  We are real people who care about our community and a situation like what happened to Carry requires that we really understand where she is coming from and how we can help.  It is why we went to law school and why we do what we do, because we care about our community and the people in it and we want to help. 

The attorney first and foremost just wants to hear your story and understand what you need help with.  Some of the help we can provide directly (like legal advice) some we can’t help with ourselves (like fixing Carry’s broken leg).  We are knowledgeable enough and smart enough to know that there are plenty of records out there that Carry does not have yet and that is certainly true in part because those records have not been created yet (like the court record in the criminal case for Bud and the estimate for the damage to Carry’s vehicle, etc.). So, to properly prepare, in part, just understand that the attorney is there to hear your story to get to know you and to see how we can help. 

What if I prefer to meet with the attorney over the phone?

Because we are trying to be helpful to people who call us, we are more than happy to meet people in a way that is most comfortable for them.  Our typical process (because it seems most convenient for most people) is to have the person call in and speak with the attorney over the phone. 

That said, we have and do meet people:

At the ER
In person in any of our physical offices (Albany, Corvallis, Eugene)
Via Zoom
At their house
Pretty much anything else you could imagine.

If you prefer to meet in a particular way, just let intake staff know, and we will do what we can to make the meeting as painless for you as possible. 

To Recap (because this was a pretty long blog):

Gather what information you can and send it to us in the email response thread.
Let us know how you prefer to meet. 
Remember that your attorney is a person who just wants to know your story. 
Be prepared to tell the story, and hear from the attorney what (if anything) we can do to help.
Try and relax . We know it is stressful and you are hurt.  If you let us know your story, we will do what we can to help. All you have to do is be ready to tell your story and help us help you get the peace of mind and the compensation you deserve.

The Attorney’s Perspective:

 In a much more mechanical sense, we send an email once a consultation is scheduled, requesting a reply with any records. We want to get as many records as we can for the attorney to review prior to the consultation so that the attorney is as prepared as possible.  In our hypothetical fact scenario, the following would be helpful:

Any pictures of the scene
But Carry probably did not get any, so we will get that later from the police.

A copy of the Card given by the police officer
So that we know which agency responded, and we can track down the case.

Any discharge paperwork from Sacred Heart or the ambulance
Again, we can get this later when we request medical records.

A copy of your insurance card, or the name of the company and the policy number

In an ideal world all the following information is helpful (even if it doesn’t seem that way)

The conversation about Bud drinking at the corner
Because we know that “The Corner” is a bar in Oakridge, we would send them a Dram Shop notice (as well as probably any other bars in Oakridge) because they likely had no idea this crash happened and they need the chance to be aware of it and to know to preserve evidence they may have in the case.

The name of the ambulance company
While it is easy to assume the Oakridge Fire & EMS responded, if we knew for certain which ambulance company responded it will make gathering records much easier when the time comes.

Which insurance companies called
While it will be easy to track down your insurance company and they will help us track down Bud Wiser’s insurance company, if another insurance company called, we would want to know that to investigate further.

The name of the investigator who called and who they are working on behalf of
Some investigators are working for insurance companies and some work for police departments, and some work for criminal defense attorneys.  If we know who it was that called, we can likely track down the remainder of the information, but if we knew who they worked for, that would help us get the name.  If nothing else, we might be able to look through your call logs and reverse engineer who owns that phone number and track the person down that way.

The name (or existence) of any witnesses who may have seen the crash.
It is surprising sometimes, but juries seem to prefer the perspective of a witness who was uninvolved in the crash.

What to Prepare:

What are my reporting obligations after a car crash in Oregon?

Thu, 05 Feb 2026 14:13:12 GMT

Oregon Car Accident Reporting Requirements

If there was an injured person, a cop came to the scene, your vehicle was towed or any vehicle was damaged over $2,500, Oregon car crash reporting requirements mean you should report it.

The Long Answer:

The Oregon DMV (Department of Motor Vehicles) makes a lot of their information and requirements public. With a few exceptions, they try to make a lot of information accessible to the public. That said, not all of their information is easy to decipher and if you don’t know what you are looking at or can’t interpret the information then it really isn’t useful to you. I will try to make it easy. The first question to ask yourself if you are wondering if you should report a crash in Oregon to the DMV is: “Am I required to report this?” Below is the DMV form as of January of 2025:

If you were injured in a crash:

As always, if you find yourself in a situation where you need our help please give us a call at (541) 486-5464 and we will be happy to help. We might even surprise you with our ability to access data and leverage that information to help build your case.

Bottom Line Up Front:

ORS 811.720 , one of Oregon’s accident reporting laws, sets out these requirements in a much clunkier and more legalese way, but it is pretty simple. The four bolded items would all trigger a mandatory report to the DMV. You might be asking yourself “why did you tell me I had to report if a cop came to the scene?” and the answer to that is because if the police officer wrote a report and submitted to DMV even if you don’t think you need to report, DMV will potentially think you need to report based on the information from the police officer.

An Injury or getting towed from the scene seems pretty easy to determine and pretty obvious for most people, but I do regularly get questions about how people can determine whether the damage to your vehicle or the other vehicle is over $2,500 and therefore whether it is required to submit an accident report to the Oregon DMV. In my personal opinion, because repairs are so expensive anything beyond very minor damage is likely over $2,500. I think a decent rule of thumb is that if you think the vehicle needs to go to a body shop then the damage is probably over $2,500.

And I can further limit that to just fatalities (Keep in mind this is only 2014-2023 data as of the time of this writing) and then I get this

And if I limit further to just those fatal crashes in Springfield involving Alcohol I get this:

If I zoom in on Frankling BLVD I can see three fatalities between 2019 and 2022 wherein alcohol was involved:

DMV, or even researchers have the ability to use this information to try and make roads safer and to make us safer.

Why are Oregon car accident reports important?

This may seem like another silly thing where the DMV requires you to fill out forms that fall into an endless bureaucracy stored in some computer somewhere, but in my opinion these are actually important. These reports allow for a large amount of data to be aggregated and evaluated over a period of time to identify dangerous stretches of road. Oregon, for example, houses their data here in a searchable database which maps the data. This crash data is compiled from Oregon DMV accident reports and police reports submitted statewide. If I control for Springfield, Oregon I get:

Three Important Ways Motorcycle Crashes Are Different from Car Crashes

Wed, 07 Jan 2026 18:25:06 GMT

Three Important Ways Motorcycle Crashes Are Different from Car Crashes

What are some special complications associated with motorcycle accidents?

Bottom-Line-up-front: There are small variations with a motorcycle crash in Oregon as opposed to a car crash, but many aspects remain the same.

The Long Answer: In Oregon, there are a few differences between a crash with two cars and a crash between a motorcycle and a car.

More Catastrophic Injuries:

In my experience, motorcycle crashes have very severe injuries to the motorcycle rider. Logically, a car is much heavier than a motorcycle and even though the safety equipment is useful to a motorcycle rider, it just does not protect a person as well as the passenger compartment of a vehicle does. Even in a somewhat low-speed crash I have seen devastating injuries including broken arms and death. This is the primary difference between the crash types.

Jurors are less aware of the rules of the road for Motorcycles:

In the unfortunate event that you are in a motorcycle crash that is not your fault and you are unable to reach a resolution to the dispute short of trial it will be a jury that decides liability and damages. A slight wrinkle with Motorcycle cases is that jurors are typically not as familiar with the rules of the road for motorcycles as they are with passenger cars. As a part of my voir dire (picking a jury) in car crash cases I ask the potential jury members whether they drive and for how long they have been driving. Out of 100 people in a recent trial in Eugene there were only 2-3 people that did not drive a vehicle. Very few jurors are familiar with laws relating to motorcycles. Notably, a police officer who patrols from Springfield to Oakridge once told me that he hates when a motorcyclist breaks the law because he has to look up the laws regarding the technical aspects of motorcycle rules of the road and sometimes the motorcycle rider actually knows the law better than the police officer.

Slightly different insurance policies:

The mandatory provisions of an automobile insurance policy in Oregon and a motorcycle insurance policy in Oregon are not the same. One notable example is that PIP (Personal Injury Protection: which pays for crash related medical expenses) is required on automobile insurance policies in Oregon in a minimum coverage amount of $15,000 while it is not a required provision of a motorcycle insurance policy. These slight differences in insurance policy provisions can change what rights and responsibilities you have in the unfortunate event that you are in a motorcycle crash.

While these are not all of the differences between a motorcycle crash and an automobile crash they are some of the most important differences. As always, if you have been in a motorcycle or a car crash calling a lawyer who can look at your specific situation and advise you accordingly is almost always a good idea. If you need our help we are here for you at Hunking Law and just call (541)486-5464 and we will be happy to help as best we can. Safe travels.

How does the PNW Atmospheric River impact liability in car crashes?

Fri, 12 Dec 2025 15:44:04 GMT

How does the PNW Atmospheric River impact liability in car crashes?

This is an interesting question in December of 2025 to answer because the rain and the flooding is ongoing and expected to cause more disruption in the following days and weeks. These weather conditions increase the risk of car accidents, and when a crash happens in bad weather it raises important questions about liability and the extent of any driver’s negligence. I can’t speak for Washington, but if we look at the issue with the lens of the impact of weather on Negligence in Oregon it actually shows the versatility of the Common Law system and how it can adapt itself to any factual circumstance. Let’s dive right into it:

Legally, does the storm itself have any impact on the law of Negligence in Oregon?

Probably not. The Common Law in general and Negligence law in particular is by its very design adaptable. The Common Law can be changed by Judges and in Oregon it has been changed by judges a few times in recent years. They can add claims or get rid of old claims or defenses and they do it to try and get the most beneficial version of the Common Law; with the benefit of hundreds of years of hindsight, they have a lot of legal theory to draw on. Negligence in particular in Oregon focuses liability on the foreseeable risk of harm that a person takes. So, it is adaptable to be able to operate in a storm or not because the focus is on the reasonableness of the risk taken.

Impact on Common Law and Negligence Law

Impact on Negligence Per Se

There is a doctrine of Negligence Per Se that might be impacted by decisions and rules made by various executive branch and legislative branch individuals. For example, if Highway 101 is closed pursuant to a legislative enactment and you drive down Highway 101 anyway (assuming you drove down it without good reason), and as a result of that choice you cause harm to the type of person or property meant to be protected by that legislative enactment, and the harm is of the type the legislative enactment was designed to prevent, then it is possible that there will be a presumption of negligence (i.e. Negligence Per Se) based on the violation of the rule.

Factually, does the storm itself have any impact on whether a person is Negligent?

Absolutely, in dangerous weather conditions the risks we take while driving are enhanced. Driving is already dangerous, but can be more so in heavy rain, with slick roads and certainly with standing water. This impact likely goes up substantially if you are driving on a closed road without an extremely good reason (like a medical emergency where a person will die if you don’t drive across the closed road). It may seem obvious, but the law would prefer that you don’t take a foreseeable unreasonable risk and if you do and cause harm, you will likely be found liable in Oregon for making that choice.

Storm-Related Crashes: Getting Help and Prevention

If you have been in a car crash in Oregon during the Atmospheric River event of 2025 then give us a call at (541) 486-5464 and our experienced attorneys are happy to help you evaluate your situation and see if there is a case free of charge.

Hopefully though, everyone makes choices that reduce the risk of foreseeable harm and stay safe during this event. If you want more information on the risks I would say that KATU news did a really good news report with some solid tips and tricks: https://katu.com/news/local/highway-101-closed-in-several-locations-along-oregon-coast-due-to-flooding-and-landslides-tillamook-clatsop-county-atmospheric-river

This morning (12/11), Benton, Polk, Clackamas and Marion counties are all under flood warnings for flooding along the Pudding, Molalla, Luckiamute, and Willamette Rivers. Be sure to stay informed about local closures, follow posted signs, and never try to drive around barricades or through flooded areas. Remember: “Turn around, don’t drown”. Most flood-related fatalities occur while driving. It only takes 18 inches of water to float a car, which is less than most people realize. Be especially careful when driving at night when it’s even harder to see flood dangers.

What to Expect from a Wrongful Death Attorney in South Eugene

Tue, 21 Oct 2025 09:00:24 GMT

What to Expect from a Wrongful Death Attorney in South Eugene

When you've lost a loved one due to someone else's negligence in South Eugene, a wrongful death attorney helps you navigate the legal process while you focus on grieving and supporting your family. These cases require specialized knowledge of Oregon's wrongful death laws and the sensitivity to handle deeply personal matters during an incredibly difficult time.

What Qualifies as a Wrongful Death Case in Oregon?

A wrongful death occurs when someone dies due to another person's negligence, recklessness, or intentional acts. This includes car accidents, medical malpractice, defective products, workplace accidents, and criminal acts. The death must have been preventable if the responsible party had acted with reasonable care.

Oregon law allows certain family members to file wrongful death claims, including spouses, children, parents, and sometimes siblings or other dependents. Your attorney will help determine who has the legal standing to bring the case and coordinate between multiple potential claimants.

How Does the Wrongful Death Claims Process Work?

The process begins with a thorough investigation to establish liability and gather evidence. Your attorney will collect medical records, accident reports, expert testimony, and other documentation needed to build a strong case. This investigation often takes several months as evidence is gathered and analyzed.

Oregon has a three-year statute of limitations for wrongful death cases from the date of death, but starting the legal process early helps preserve evidence and witnesses' memories. Your attorney will handle all legal procedures while keeping you informed throughout the process.

What Damages Can Be Recovered in Wrongful Death Cases?

Oregon allows recovery for both economic and non-economic damages in wrongful death cases. Economic damages include medical expenses before death, funeral costs, lost income, and the value of services the deceased would have provided to the family.

Non-economic damages cover the loss of companionship, guidance, and emotional support your loved one provided. These damages are often the most significant part of wrongful death settlements, as they acknowledge the immeasurable personal loss families endure.

How South Eugene's Community Characteristics Impact Wrongful Death Cases

South Eugene's mix of residential neighborhoods, University of Oregon facilities, and the Amazon Creek corridor creates specific risk factors that experienced wrongful death attorneys understand well. Many cases involve student-related accidents, particularly during the academic year when unfamiliar drivers navigate busy campus areas.

The proximity to medical facilities like PeaceHealth Sacred Heart Medical Center at RiverBend means some cases involve medical malpractice or hospital negligence. These complex cases require attorneys who understand both Oregon's medical malpractice laws and the standards of care in university and regional medical centers.

South Eugene's popular recreational areas, including Spencer Butte and the surrounding trail systems, sometimes see wrongful deaths from premises liability issues like inadequate maintenance or unsafe conditions. Wrongful death cases in South Eugene may involve questions about government liability, recreational use statutes, and property owner responsibilities.

The area's growing development and construction activity can lead to workplace fatalities or accidents involving construction equipment and traffic. These cases often involve multiple liable parties, including contractors, property developers, and equipment manufacturers, requiring thorough investigation and complex litigation strategies.

At Hunking Law, we understand the profound impact of losing a loved one and the importance of holding responsible parties accountable. Our team has experience handling wrongful death cases throughout the Eugene area, including complex medical malpractice and premises liability cases. We work with families to ensure they receive full compensation while treating every case with the dignity and respect these sensitive matters deserve. If you've lost a loved one due to someone else's negligence, call (541) 486-5464 to speak with compassionate attorneys who will fight for justice on your family's behalf.

While no amount of money can replace your loved one, Personal injury claims involving wrongful death help families secure their financial future and ensure the responsible parties are held accountable. The legal process can also provide answers about what happened and help prevent similar tragedies from occurring to other families.

What if my injury expenses are more than the at-fault party's policy limits?

Thu, 09 Oct 2025 13:12:18 GMT

What if my injury expenses are more than the at-fault party's policy limits?

Dealing with the aftermath of an auto accident is painful and stressful enough without having to worry about paying for your medical care. People often assume that the other driver’s insurance will cover everything, only to find out that the limits fall far short of their actual expenses. That’s where understanding your options – and getting help from someone who knows the system – becomes essential.

Bottom Line Up Front:

Call an attorney, they can help make the math work.

The Long Answer

It is surprising how often medical expenses exceed the value of the at-fault parties insurance limits. In Oregon the minimum limits are only $25,000 per person for bodily injury. If you are severely injured in a crash, it is very easy to have medical bills greater than that in just a few days. I have seen a single Life-Flight helicopter ride bill for over $65,000. Because this is a common situation there are some pretty common ways to make sure that the injured person is compensated and the medical bills get handled. Having an attorney who knows how to get that work done will save you a lot of time. The analysis I generally follow is below:

1. Who is the bill owed to?

Hospitals and Larger Medical Providers

Generally, hospitals and larger medical providers build into their pricing structure an assumption that they will not collect every dollar they bill. Stated another way, larger providers are not always planning on getting paid in full, and a catastrophic car accident is one such circumstance.

Smaller providers

For smaller providers, it is more difficult for them to absorb the loss financially. By smaller I mean a solo practicing LMT or N.D. or Chiropractor. For these providers it is difficult, but negotiating the bills on a case-by-case basis seems to work well.

Private Health Insurance

Private health insurance typically works like a large medical provider. But more than that, insurance companies are professional risk calculators. They have built into their pricing models this type of situation and are aware that they may not get reimbursed for the medical bills they paid.

Medicare/Medicaid

Unlike the payers above, the laws are more favorable to Medicare and Medicaid and in certain circumstances they will take reimbursement for bills they have paid even if it means the person who was injured gets nothing.

2. Who has priority?

Next, I consider whether Oregon law would give priority to the injured person over anyone else to be sure they are made whole before any of the insurance companies get reimbursed.

In Oregon we have specific statutes (i.e. laws made by the legislature) that give priority of payment to the injured person. If this fact situation arises, then so long as the prerequisites are met, the injured person can be made whole and not need to repay an insurance company that may have paid the bill.

3. Are there any other payers?

Attorneys who know how to deal with Oregon car accident cases should know how to find additional payers in this type of situation. Some examples are:

If the at-fault party was drinking, were they drinking at a bar or tavern? If so, were they served while visibly intoxicated? If so, then the bar or tavern may be liable for the damage.
Was the vehicle negligently entrusted by a person who has more money to pay bills?
Is there an umbrella policy?
Was the at fault party acting on behalf of a company that may have deeper pockets?

What To Do

If you find yourself or someone you love in a situation where medical bills exceed the limits of the at-fault party, then overwhelmingly the smartest move is to call a lawyer. Let them handle the analysis and pursue every possible source of compensation, freeing you to focus on recovering from your injuries and getting your life back on track. Every case is unique, and even when the numbers look impossible, there are often creative solutions that can make a real difference. The earlier you involve an experienced attorney, the more options you’ll have.

If this happened because of a car crash in Oregon, then certainly give Hunking Law a call at (541) 486-5464 and our attorneys are happy to apply our intellect, experience and expertise to help you get the best possible outcome in your situation.

Finding Quality Legal Help After a Hit & Run in Philomath

Tue, 07 Oct 2025 09:00:56 GMT

Finding Quality Legal Help After a Hit & Run in Philomath

Hit and run accidents in Philomath present unique legal challenges that require prompt action and specialized knowledge to protect your rights. When the at-fault driver flees the scene, victims face additional hurdles in obtaining compensation, but Oregon law provides several avenues for recovery that an experienced attorney can help you navigate effectively.

What Steps Should You Take Immediately After a Hit and Run?

Call 911 immediately to report the hit and run, even if your injuries seem minor. Police will create an official report and begin searching for the fleeing driver. Get medical attention right away, as some injuries don't show symptoms immediately and having medical documentation is crucial for your case.

Try to remember as much as possible about the other vehicle and driver. Note the make, model, color, license plate number if visible, and any distinctive features. Look for witnesses who might have seen the accident or the fleeing vehicle, and get their contact information.

How Can You Get Compensation When the Driver Is Never Found?

Your own insurance may provide coverage through uninsured motorist protection, which covers hit and run accidents in Oregon. This coverage can pay for medical expenses, lost wages, and pain and suffering, even when the at-fault driver isn't identified.

Oregon's Crime Victims' Compensation Program may also provide assistance for medical expenses and lost wages if you're the victim of a hit and run. An attorney can help you understand all available compensation sources and maximize your recovery.

How Long Do Police Have to Find the Hit and Run Driver?

There's no specific time limit for police to investigate hit and run cases, but evidence becomes less reliable over time. Security camera footage may be overwritten, witnesses' memories fade, and physical evidence from the scene can disappear. This makes it crucial to act quickly to preserve evidence.

Even if police never find the driver, you still have legal options. Your attorney can conduct an independent investigation using private investigators, accident reconstruction experts, and other resources to gather evidence for your insurance claim or potential civil case.

How Philomath's Rural Setting Affects Hit and Run Cases

Philomath's location between Corvallis and the Coast Range creates specific challenges for hit and run investigations. The mix of local residential traffic, OSU-related vehicles, and travelers heading to coastal destinations means potential witnesses may not be local residents, making them harder to locate after an accident.

Many hit and run accidents in Philomath occur on Highway 20, where drivers may be passing through rather than local residents. This transient traffic makes witness identification more difficult, but also means there may be security cameras at local businesses or traffic monitoring equipment that can provide valuable evidence.

Rural roads around Philomath often have limited lighting and fewer witnesses, which can complicate investigations. However, the smaller community size can sometimes work in victims' favor, as unusual vehicle damage or suspicious behavior may be more noticeable to local residents. Hit and run cases in Philomath often benefit from community cooperation and local knowledge of traffic patterns.

The proximity to logging operations and agricultural areas means some hit and runs may involve commercial vehicles whose drivers fear losing their commercial licenses or jobs. These cases require specialized investigation techniques to identify fleet vehicles and track down responsible parties.

At Hunking Law, we understand the unique challenges of hit and run cases in small Oregon communities like Philomath. Our team has experience working with local law enforcement, conducting thorough investigations, and maximizing insurance recoveries when the at-fault driver cannot be found. If you've been the victim of a hit and run accident, call (541) 486-5464 to speak with attorneys who know how to handle these complex cases.

Don't assume you have no legal options just because the other driver left the scene. Personal injury claims from hit and run accidents can be successfully pursued through multiple avenues, but time is critical for preserving evidence and protecting your rights. The sooner you get experienced legal representation, the better your chances of obtaining fair compensation for your injuries and damages.

When to Call a Motorcycle Accident Lawyer in Springfield

Tue, 23 Sep 2025 09:00:19 GMT

When to Call a Motorcycle Accident Lawyer in Springfield

Motorcycle accidents in Springfield often result in serious injuries that require specialized legal attention. Unlike car accidents, motorcycle crashes typically involve more severe injuries, bias from insurance companies, and complex liability issues that make experienced legal representation essential for protecting your rights and securing fair compensation.

What Should You Do Immediately After a Motorcycle Accident?

Seek medical attention immediately, even if you feel okay. Adrenaline can mask serious injuries, and some conditions like internal bleeding or traumatic brain injuries don't show symptoms right away. Having immediate medical documentation is crucial for your case.

Document everything you can at the scene. Take photos of your motorcycle, the other vehicle, road conditions, and any visible injuries. Get contact information from witnesses, as their testimony can be vital in overcoming the bias that motorcyclists often face in accident cases.

How Soon Should You Contact a Lawyer After Your Accident?

Contact a motorcycle accident lawyer as soon as possible, ideally within days of your accident. Insurance companies often contact accident victims quickly, hoping to get recorded statements or quick settlements before you understand the full extent of your injuries.

Evidence from motorcycle accidents can disappear quickly. Skid marks fade, security camera footage gets overwritten, and witnesses' memories become less reliable over time. An attorney can immediately begin preserving crucial evidence while you focus on your recovery.

What Challenges Are Unique to Motorcycle Accident Cases?

Motorcyclists face unfair bias from juries, insurance adjusters, and even police officers who may assume the rider was speeding or being reckless. An experienced attorney knows how to counter these prejudices with solid evidence and expert testimony.

Motorcycle accidents often involve more complex liability questions than car crashes. Issues like road defects, vehicle maintenance, proper safety gear, and lane positioning require detailed investigation and specialized knowledge to properly evaluate.

How Springfield's Road Conditions Impact Motorcycle Safety

Springfield's location along Highway 126 and Interstate 5 creates specific hazards for motorcyclists, particularly where these major routes intersect with local traffic. The transition from highway speeds to city driving often catches drivers off-guard, leading to accidents when they fail to see motorcycles or misjudge their speed.

The McKenzie River area attracts recreational riders, especially during summer months, but the winding roads and tourist traffic create additional risks. Many accidents occur when drivers unfamiliar with the area make sudden turns or stops without checking for motorcycles, particularly at popular destinations like covered bridges or scenic overlooks.

Springfield's industrial areas, including the railroad corridors and manufacturing zones, present unique challenges for motorcyclists dealing with heavy truck traffic and rail crossings. Motorcycle accident cases in Springfield often involve complex questions about right-of-way, visibility, and the interaction between different types of vehicles in mixed-use areas.

Weather conditions in Springfield can change rapidly, particularly during Oregon's transition seasons, creating hazardous conditions for motorcyclists. Rain-slicked roads, early morning fog, and seasonal debris can make riding treacherous, but that doesn't mean motorcyclists are automatically at fault when accidents occur under these conditions.

The legal team at Hunking Law understands the unique challenges motorcyclists face both on Springfield roads and in the legal system. We've successfully represented riders throughout the area and know how to build strong cases that overcome common biases. If you've been injured in a motorcycle accident, call (541) 486-5464 to speak with attorneys who will fight for your rights and work to get you the compensation you deserve.

Don't let insurance companies take advantage of anti-motorcycle bias to reduce your settlement. Personal injury claims involving motorcycles require aggressive representation that understands both the law and the unique circumstances riders face. The sooner you get experienced legal help, the better your chances of achieving a fair outcome.

Do I need an attorney for a no-injury accident?

Wed, 17 Sep 2025 19:40:00 GMT

Do I need an attorney for a no-injury accident?

Bottom-Line-Up-Front: Probably not

The Long Answer: In a typical car crash where no one is injured; say for example your car is hit by a drunk driver leaving a football game in the parking lot of Autzen Stadium, an attorney does not provide a ton of value to a person beyond a single conversation.  There are plenty of repair shops and parts sellers so finding the price to repair a vehicle is pretty simple without much negotiating room.  There are also plenty of people buying and selling vehicles so even if the vehicle is totaled, finding the value of a replacement vehicle is pretty straightforward. 

That said, it is helpful to speak with an attorney to at least understand your options.  Knowing the difference between the process for going through your own insurance (e.g. that you can get the deductible paid back by the insurance company of the at-fault driver) and the process for going through the at-fault insurance company directly.  I have had dozens if not hundreds of those conversations with people over the years and I hope they have been helpful.  It takes a good amount of time to understand how the systems interact, but for me it is pretty simple to explain it to someone and then give them the chance to ask questions. 

To convey this information even broader than we can currently, (a single conversation at a time) Hunking Law is currently developing resources to help make this understandable on our website such that more people can get the information any time of day. 

I hope this was helpful, if you need or want to talk to an attorney in the Eugene/Springfield area about a car accident please consider us and call Hunking Law at (541)486-5464 today.  

How to Find a Truck Accident Attorney in Albany

Tue, 09 Sep 2025 12:55:08 GMT

How to Find a Truck Accident Attorney in Albany

Truck accidents in Albany can result in devastating injuries and complex legal challenges that require specialized legal expertise. Finding the right truck accident attorney is crucial because these cases involve federal regulations, multiple liable parties, and insurance companies with teams of experienced lawyers working to minimize their payouts.

What Makes Truck Accident Cases Different from Car Accidents?

Truck accident cases involve federal trucking regulations that don't apply to regular vehicle accidents. Commercial truck drivers must follow hours-of-service rules, maintain detailed logbooks, and undergo regular vehicle inspections. Violations of these regulations can be key evidence in your case.

Multiple parties may be liable in truck accidents, including the driver, trucking company, vehicle manufacturer, or cargo loading company. An experienced attorney knows how to investigate all potential sources of compensation and build a case against each responsible party.

How Do You Evaluate a Truck Accident Lawyer's Experience?

Ask specifically about their truck accident case experience, not just general personal injury work. Truck cases require understanding of commercial vehicle regulations, industry standards, and the complex insurance arrangements that trucking companies use.

Find out if they have relationships with accident reconstruction experts, medical professionals, and investigators who specialize in commercial vehicle accidents. These cases often require extensive expert testimony to prove liability and damages.

What Evidence Is Critical in Truck Accident Cases?

The truck's electronic logging device (ELD) data, driver logbooks, vehicle maintenance records, and the driver's qualification file are all crucial evidence that must be preserved quickly. Trucking companies are only required to keep this information for limited periods.

Your attorney should send a spoliation letter immediately to preserve all relevant evidence before it's destroyed or lost. This includes hiring accident reconstruction experts and investigators while the scene and vehicles are still available for examination.

How Albany's Highway System Creates Unique Truck Accident Risks

Albany sits at the intersection of Interstate 5 and Highway 20, making it a major commercial trucking corridor between Portland, Eugene, and central Oregon. This heavy truck traffic, combined with Albany's position as a regional distribution hub, creates specific accident risk factors that experienced local attorneys understand well.

The Santiam Pass route through Highway 20 brings additional challenges, as trucks traveling to and from central Oregon often arrive in Albany after navigating mountain conditions that can affect vehicle performance and driver fatigue. Weather transitions from mountain to valley conditions can catch drivers off-guard, especially those unfamiliar with Oregon's terrain.

Albany's industrial areas, particularly around the Port of Albany and various manufacturing facilities, see frequent heavy truck traffic navigating through areas shared with commuter traffic. Trucking accident cases in Albany often involve questions about proper routing, speed limits in industrial zones, and the interaction between commercial and passenger vehicles in congested areas.

The team at Hunking Law has extensive experience with truck accident cases throughout the Albany area, including crashes on I-5, Highway 20, and local industrial routes. We understand how federal trucking regulations apply to Oregon roads and have the resources to thoroughly investigate complex commercial vehicle accidents. If you've been injured in a truck accident, call (541) 486-5464 to speak with attorneys who have the specialized knowledge needed for these challenging cases.

Don't let trucking companies and their insurance carriers overwhelm you with their legal teams and investigators. Personal injury claims involving commercial trucks require immediate action to preserve evidence and protect your rights. The sooner you get experienced legal representation, the better your chances of obtaining the full compensation you deserve for your injuries and losses.

What Eugene Residents Should Know About Car Accident Claims

Tue, 09 Sep 2025 12:55:01 GMT

What Eugene Residents Should Know About Car Accident Claims

If you've been in a car accident in Eugene, understanding your rights and the claims process can help you get fair compensation for your injuries and damages. Oregon's laws provide important protections for accident victims, but knowing how to navigate the system makes all the difference in the outcome of your case.

What Steps Should You Take Immediately After an Accident?

Call 911 if anyone is injured, even if the injuries seem minor. Get medical attention right away, as some injuries don't show symptoms immediately. Exchange insurance information with the other driver and take photos of all vehicles, the accident scene, and any visible injuries.

Don't admit fault or apologize, even if you think you might have contributed to the accident. Stick to the facts when talking to police and insurance companies. Get contact information from any witnesses, as their statements can be valuable later.

How Long Do You Have to File a Claim in Oregon?

Oregon gives you two years from the date of the accident to file a personal injury lawsuit. However, you should notify your insurance company immediately and start the claims process as soon as possible. Evidence can disappear and witnesses' memories can fade, so acting quickly protects your interests.

If the accident involved a government vehicle or occurred on government property, different deadlines may apply. These claims often have much shorter notification requirements, sometimes as little as 180 days.

What Compensation Can You Recover After a Car Accident?

Oregon law allows you to recover damages for medical expenses, lost wages, property damage, and pain and suffering. If the other driver was drunk or extremely reckless, you might also be entitled to punitive damages.

Even if you were partially at fault, you can still recover compensation under Oregon's comparative negligence law, as long as you were less than 51% responsible for the accident. Your compensation will be reduced by your percentage of fault.

How Eugene's Traffic Patterns Affect Car Accident Claims

Eugene's unique mix of university traffic, commuter routes, and tourist destinations creates specific accident patterns that experienced local attorneys understand well. The areas around the University of Oregon campus see frequent pedestrian and cyclist accidents, especially during the school year when students are unfamiliar with local traffic patterns.

Interstate 5 and Highway 126 intersections are common sites for serious accidents, particularly during Oregon's rainy season when road conditions become hazardous. Local attorneys familiar with these high-risk areas know how to investigate these crashes and identify contributing factors like poor road maintenance or inadequate signage.

Eugene's commitment to bicycle-friendly transportation also means many accidents involve cyclists, which require specialized knowledge of Oregon's bicycle laws and how they interact with vehicle traffic rules. Car accident cases in Eugene often involve complex questions about right-of-way and visibility, especially in areas with dedicated bike lanes.

At Hunking Law, we understand Eugene's traffic challenges and have successfully handled car accident cases throughout the area. Our team knows how insurance companies evaluate Eugene accidents and what evidence is most important for building strong cases. If you've been injured in a car accident, call (541) 486-5464 to speak with attorneys who understand both Oregon law and Eugene's specific traffic environment.

Don't let insurance companies pressure you into accepting a quick settlement that doesn't cover your full damages. Personal injury claims require careful evaluation of all your losses, including future medical costs and lost earning capacity. The right legal representation ensures you get the compensation you need to fully recover from your accident.

How to Choose a Personal Injury Lawyer in Corvallis

Tue, 09 Sep 2025 12:54:51 GMT

How to Choose a Personal Injury Lawyer in Corvallis

If you've been injured in an accident in Corvallis, choosing the right personal injury lawyer can make the difference between a fair settlement and being left with medical bills you can't afford. The right attorney will handle the legal complexities while you focus on recovery, but finding that lawyer requires knowing what to look for.

What Should You Look for in a Personal Injury Attorney?

Experience with cases similar to yours matters most. A lawyer who regularly handles car accidents, slip and falls, or workplace injuries will know the tactics insurance companies use and how to counter them. They should also be familiar with local courts and have a track record of successful settlements and verdicts in your area.

Look for an attorney who explains things clearly without using confusing legal terms. You should feel comfortable asking questions and confident they're listening to your concerns. The best lawyers make sure you understand each step of the process and what to expect.

How Do You Know If a Lawyer Is Right for Your Case?

During your initial consultation, pay attention to how the lawyer responds to your questions. They should be able to explain your legal options in simple terms and give you a realistic assessment of your case. Be wary of anyone who promises specific results or pressures you to sign immediately.

Ask about their fee structure upfront. Most personal injury lawyers work on a contingency basis, meaning you only pay if they win your case. Make sure you understand what percentage they'll take and what expenses you might be responsible for.

What Questions Should You Ask Before Hiring Someone?

How many cases like yours have they handled in the past year? What was the outcome of those cases? How long do they expect your case to take, and what factors could change that timeline?

Also ask who will actually work on your case. In larger firms, your case might be handled by junior attorneys or paralegals, which isn't necessarily bad, but you should know upfront. Find out how they'll communicate with you and how often you can expect updates.

How Oregon's Legal Landscape Affects Personal Injury Cases in Corvallis

Oregon follows a modified comparative negligence rule, which means you can still recover damages even if you were partially at fault for your accident, as long as you're less than 51% responsible. This is particularly relevant in Corvallis given the mix of university students, cyclists, and vehicle traffic around campus areas.

Oregon also has specific statutes of limitations for different types of personal injury cases. For most personal injury claims, you have two years from the date of injury to file a lawsuit. However, medical malpractice cases and claims against government entities have different deadlines, making local legal expertise crucial.

When looking for representation, consider attorneys who understand Corvallis's unique characteristics, from OSU campus-related accidents to the agricultural equipment incidents that can occur in surrounding rural areas. Car accident cases in Corvallis often involve complex factors like weather conditions on Highway 20 or student pedestrian safety near campus.

The team at Hunking Law has been serving Corvallis residents for years, understanding both the local court system and the specific challenges injury victims face in our community. If you've been injured, call (541) 486-5464 to discuss your case with attorneys who know Oregon law and care about getting you the compensation you deserve.

Remember, most personal injury lawyers offer free consultations, so don't hesitate to meet with a few attorneys before making your decision. The right lawyer will be someone who makes you feel heard, explains your options clearly, and has the experience to handle your specific type of case. Personal injury claims can be complex, but with the right legal help, you can focus on healing while your attorney handles the legal battle.

How much does a car crash attorney in Eugene, OR make?

Thu, 10 Jul 2025 19:34:10 GMT

Curious about what a car crash attorney in Eugene, OR earns? Learn about salary ranges, commissions, and what top attorneys make!

People say that it is impolite to ask how much money they make. I am sure someone somewhere had a good reason to endorse and implement that rule, but personally I think it has some negative consequences that should be considered. Sometimes I think an over-emphasis on not discussing pay in a work environment can lead to gross inequalities in pay. Whereas if we were able to talk about pay, people would have the knowledge to know what other options are available to them. With that in mind there are a couple ways to answer this question:

(1) Salary-Based Compensation

It is possible that the car crash attorney works on a salary. In that case they likely make between $45,000 a year and $120,000 a year, not including benefits (I use those numbers because they are the lowest salary, I am aware of and the highest salary I am aware of for car crash attorneys in the Eugene, Oregon area. It could very well be that my range is way off). The benefit to the attorney of this system is that they know how much they make and how to budget based on their expected pay. The downside is that it is a fixed number and not necessarily in the person’s financial interests to do this. Personally, I would only recommend this for someone in the first year or two of practice who is still learning the ropes and has not yet built a caseload.

(2) Salary Plus Commission

It is possible that the car crash attorney works on a salary plus commission. In this system the salary is a floor so the attorney can pay their bills and not be worried about not being able to pay rent if they don’t generate any money, but (at least in my office) because of the floor the commission rate is lower than it would be if the person only worked on a commission. There is some alignment in this system between the attorney and the organization (because the organization needs them to generate dollars sufficient to cover their salary and benefits), and there is a backstop to ensure that the person doesn’t feel pressure to settle a case for lower than what is in the clients best interests because they always have enough salary to pay their bills, even in a down month. I personally would recommend this for someone who is in year 3-5 of practice, has built their caseload, but still isn’t confident and consistent enough to be sure they will make it on a commission only. While this will always be dependent on how much money the person brings in (which is effected by how much they want to work, and how efficient they are with their work), as a range, car accident attorneys that have worked for me in the Eugene area have made between $120,000 and $175,000 a year.

(3) Commission-Only Pay

It is possible that the car crash attorney works on commission only. Here, the attorney takes home money only when they generate dollars (by getting verdicts or settlements in the bank for car collision cases). Because there is no risk to the organization needing to pay dollars it does not have, and because it aligns the financial interests of the attorney with the organization and the client, I like this system a lot. The caveat with this is that the attorney should be very experienced, with a full and built caseload and confidence that they will be able to make a paycheck. In my office the attorneys that work on commission only have historically taken home the most money (by a lot) and to put it in terms of dollars the range is $400,000 to $600,000 in a year.

Conclusion: Is It Worth It?

I hope that sheds some light on the pay of Eugene car accident attorneys and helps whoever might be reading this gain some knowledge that they find useful.

The high number that car crash attorneys can make on commission is just a percentage of the amount that they are giving back to their clients in the form of paid medical bills, property damage repair bills, and in many cases, a check directly into their bank accounts.

Contact a Eugene Car Crash Attorney

Call 541-HUNKING (that’s 541-486-5464) today if you were injured in a car accident in Oregon and let us help you maximize your settlement.

When the First Call Is to Mom or Dad: Helping Your Child Through a Car Accident

Thu, 03 Jul 2025 19:49:52 GMT

I asked a 19 year old relative recently what they would do if they were in a car accident. It is no surprise but the answer was “Call my mom”.

I asked the question to try and better understand how to reach younger people who have been in car accidents and can use my help, but the answer I got triggered an interesting thought: what would a car accident lawyer tell a parent to tell their child who just got in a car accident?

This Blog is an attempt to answer the question: “What do I tell my adult child who just got in a car accident?”

Step 1: Get the Facts

I would begin by asking questions to make sure you know what is going on; and they would be some mix of:

Are you ok?

Is everyone else ok?

Are you in a safe place?

What happened?

These questions help you quickly assess their safety and the situation at hand.

Step 2: Reassure Them and Focus on Safety

Then I would go with some general advice:

Get to a safe place if you aren’t already.

Don’t panic; just breathe, we will get through this.

Helping them stay calm is one of the most important things you can do in the moment.

Step 3: Immediate Actions to Take at the Scene

Depending on the severity of the incident I would then give the following advice:

Call 911 (Both police or for ambulance or fire support).

Call your insurance company.

Take pictures of the cars, the accident scene, and any damage or injuries.

Gather contact information and insurance details from all other drivers and any witnesses.

If you can drive the car home safely then great; otherwise call a tow truck (or have your insurance or the police call a tow truck).

Either get a ride to the hospital or home or have someone pick you up.

These steps will help protect your child both physically and legally.

Step 4: Regroup and Next Steps

After the dust settles:

Talk to your child about what happened.

Decide together what to do next.

Determine if your child needs a lawyer. If you’re not sure, review our blog “ When/Why Should You Hire An Attorney After A Car Accident .”

If needed, call a lawyer and schedule a free consultation.

There is no downside to calling a lawyer after a car collision. They will be able to quickly determine if they can help you or not, and at least at Hunking Law, consultations are free. A good lawyer can guide you through the process and will ensure that your child’s rights are protected.

Conclusion

I have no idea if this blog will be helpful, but I am hopeful that someone somewhere reads it and they are a little more prepared for this situation than they otherwise would have been.

If your child has been in a car crash in Oregon and you’re not sure what to do next, don’t hesitate to reach out – we’re here to help. Call us today at 541-HUNKING, 541-486-5464.

When/Why Should You Hire an Attorney for a Car Accident?

Wed, 04 Jun 2025 19:54:47 GMT

The when is easy: as soon as possible. There really is not a downside that I am aware of in consulting an attorney quickly and having them on your side from the beginning of the process. If nothing else, it provides you with some inside knowledge to how the process works and what to expect.

When

Why

The why is a little bit more difficult, but my hope here at Hunking Law, LLC is that you will hire an attorney because they add value to your life. An attorney can:

Take a stressful process and make it less stressful,
Take a complicated process and make it less complicated,
Take an uncertain situation and make it a little more predictable,
Identify legal pathways to recover that you may not be able to identify on your own.
Add more value to your claim by putting the weight and seriousness of an attorney behind your claim for damages.

Let’s take the time and address a few specific scenarios where you may be thinking to yourself; I don’t want to waste an attorney’s time, maybe I should just not call?

Should I call an attorney if I was not physically injured in the accident?

If something was damaged in the accident, whether a vehicle or your physical body, in my opinion, there is very little risk in calling an attorney and they can look at your specific fact scenario and let you know if it is worth your time to hire an attorney.

Should I call an attorney if there is a dispute as to whether or not I am responsible for the accident?

Yes, if you don’t think you were at fault then it is possible that you were not at fault for the accident. You should call an attorney and have them conduct an analysis regarding the fault determination. You want to be sure to provide truthful and correct information to the attorney so that they can give you the most correct analysis they can.

What If…

So, if you are in Oregon and reach the conclusion that having an attorney will add value to your life, then as soon as you are ready, give our office a call at 541-486-5464, set up a free consultation, and see if our attorneys can add value to your life. We really appreciate the opportunity to do the work on your case.

Conclusion

Four Signs Your Insurance Company is Low-Balling You After a Crash

Tue, 06 May 2025 19:59:48 GMT

After a car crash, you might expect your car insurance company to have your back. Isn’t that what you pay them for? Now is the time for them to step up and make sure that you are compensated for your injuries. But can you really trust them to keep your best interests at heart? How do you know if their offer is fair? Unfortunately, it’s not uncommon for insurance companies to offer less than what your claim is really worth. If you’re unsure about the number they give you, trust your instincts. Here are four signs your insurance company is low-balling you after a car collision.

(1) The offer is in the $1,000 to $3,000 range for your bodily injury.

(a) The value of money is relative: while we think of dollars as a concrete measure of value. (Just ask yourself what is the value of a bitcoin? Then ask yourself what is the value of dollars in bitcoin?) We also know that inflation occurs and the value of a dollar in 2025 is substantially less than the value of a dollar in 1925.

(b) No one really knows better than you whether or not your arm hurts. The best evidence of your non-visualizable injuries is typically your experience because you are the only person that lives in your body and the only person who can feel whether or not your arm hurts.

With those key concepts in mind, and layering on decades of experience in this industry, $1,000 is a very low offer if you felt any pain at all as a result of the crash. Children with no memory of the crash and teenagers who bounce back quickly regularly can resolve their cases in that range. If you are competent enough to be reading this, you are likely older and as a result your body likely does not bounce back as quick as it did when you were a teenager. As a result, there is a high likelihood that the $1,000-$3,000 range is insufficient to fully compensate you for your bodily injury.

In order to measure damages in a case we need to know what it would take to get you back to where you were if the crash had never happened. Generally, this means that you are healed or have reached maximum medical improvement (“MMI”). If you are still treating, you genuinely don’t know (unless you have a crystal ball or can see the future) how much more it will take to get you healed or back to MMI. You don’t know if you will need surgery or if the injury becomes permanent. Trying to settle the case before you are done treating is an indicator that the insurance company is trying to pay you less than your case is worth.

(2) They are offering to resolve the case before you are done treating.

As a part of the insurance industry companies employ adjusters to evaluate and resolve claims. These folks are trained in their company processes and regularly will give you “talking points” about why your claim is less valuable. When you start hearing the same canned “talking points” from the adjuster it is an indicator that the insurance company is trying to settle your case for less than it is worth.

(4) You begin asking yourself “are you low-balling me?”

(3) The adjuster gives you “talking points” for why your claim is not worth more.

In the end, if you are asking yourself if you are getting low-balled then it is likely time to call an attorney who can evaluate your case and let you know if that is the case. Here at Hunking Law, we are car accident attorneys, and we are here to help.

If you were injured in an auto accident in Oregon, give us a call at (541) 486-5464 to set up a free consultation.

The Road to Compensation: Your Car Crash Legal Guide

Mon, 31 Mar 2025 20:11:07 GMT

We at Hunking Law put dozens of man-hours collaboratively into generating this infographic because we thought it would be helpful to clients.  The goal is to take the collective knowledge of the people who work here, gained step by step over years of education and practice, and make it digestible to a potential client.  The information is organized into a flow which is a pretty good way to understand how these car crash cases work and what to expect next. 

The information itself is layered and while each section has a summary the depth of each summary is vast.  The scope of knowledge needed to understand a complaint is really broad and not really something that can be understood fully within an infographic, but understanding the steps and the process we hope will put you a little more at ease when you are faced with being injured in an auto collision. 

As you read each section and understand it as sort of the next step on the journey feel free to think about why each step is the way it is and by what process are we really reaching a resolution to these conflicts such that you frame the information usefully in your head.  At any point, if you think you need more clarification don’t worry, just give us a call and a member of our experienced team will be happy to provide you any clarification you need on any of the points. 

We are here to help with car collision cases and we hope this infographic is a useful way to help make your life better.  

Down the Road Step by Step

Disclaimer

It is important to note that this resource specifically applies only to Oregon law. Other states may have different processes. If you are unsure about the legal process in your state, call an attorney in your area.

This resource is not intended to be specific legal advice, but rather general information about the common legal process of a car crash case in Oregon. This resource is not a replacement for specific and personalized legal advice. If you were injured in an accident, call an attorney in your area. If you were injured in Oregon, consider giving us a call.

The process begins, as you can imagine, with a car crash. This process is explained for the case where the client is not at fault for the accident. The first step towards getting compensation is to treat your injuries. This step involves seeking out medical treatment for your accident-related injuries. Eventually, you will reach a point in your treatment where you are either fully healed or have recovered as much as possible and are not expected to improve further, which is known as Maximum Medical Improvement (MMI).

Treat and MMI

Once you have reached MMI, inform your attorney who will preform a record pull. They will reach out to anyone who may have records related to the crash – the police, medical providers, insurance companies, and you, yourself. This can include recordings, pictures, medical records, police reports, or anything else related to the accident. Once all the records are gathered the attorney can move on to synthesis. In this step, the attorney organizes this information and builds it into a concise and comprehensive story of what exactly happened.

Crossroads

Gathering and Using Information

Next, the attorney will issue a demand. This is a letter that is sent to the at fault party and their representatives that outlines the case facts, the legal basis for the damages claim, and provides supporting documents that justify the demand amount. At this point, we reach a crossroads. Either the at fault party will accept the demand and propose a settlement amount, or they will reject it, which might lead to a lawsuit. If you accept the settlement, then the case is over without having to go to trial! If it is rejected, then a lawsuit must begin to continue to pursue compensation.

What is this crazy infographic thing?  What can I learn from it?

The lawsuit begins with your attorney filing a complaint, which is a legal document initiating the lawsuit against the at fault party. The attorney then awaits an answer, which is the legal response to a complaint.

Lawsuit

Discovery Phase

From here we move into the discovery phase. This includes several ways of collecting clear information about the crash. Depositions involve taking oral statements from witnesses under oath and on-record. A Request for Production (RFP) asks the opposing party to provide documents or tangible evidence. A Request for Admission (RFA) is a formal written request that asks a party to admit or deny facts, verify the authenticity of documents, or respond to legal questions. The difference between these two is that an RFP seeks physical or digital evidence, while an RFA is used to confirm or deny specific facts, which may relate to the requested evidence. A subpoena uses the authority of the court to compel a person or entity to show up and testify in court. A subpoena duces tecum does the same but requires that the person or entity also bring documents with them. Finally, a public records request specifically asks a government entity to disclose records that they maintain that are related to the crash.

Forms of Resolution

Finally, once everything is ready, it is time to come to a resolution, where the two parties agree to come to a compromise. There are several different ways this can go. The parties can either pursue an agreed resolution or an adjudicated resolution. Under an agreed resolution, the two parties come to an agreement outside of a trial. Negotiation is where the two parties come together and reach an agreement to the dispute. Mediation is where a neutral third party helps the two parties come to an agreement. Alternatively, the resolution can be done through an adjudicated resolution. This includes arbitration, where each side presents their case to an arbitrator who decides for the parties what the resolution is. Alternatively, there can be a trial by judge, where the two parties present their cases to a judge who decides what the resolution is, or trial by jury, where the jury decides based on the cases presented to them and the application of the law given to them by the judge.

Lastly, if the losing party is unhappy with the result and believes there were legal mistakes in the case, they can ask for a higher court to hear the case and consider the original decision through appeals. However, the new court can only look for legal mistakes and whether this changes the court’s final decision or not.

Driving it Home

As you can see, the legal process is long and involved and has many ways that it can go. Don’t worry though, if one of our attorneys takes your case, we will take care of just about everything; just make sure to respond promptly when we request information from you.

It is our hope that this resource can serve as a roadmap for a car crash case; to demystify the process and define key terms that may come up throughout the case. One important point is that the bulk of the legal process does not really begin until after you have reached MMI, which for some people can take a long time. The process also relies heavily on the responses of other entities for records, or the at fault party for answers. This is where a car crash case can really drag on for a long time. We do all that we can to keep our end of the process prompt and efficient, but we can’t control how long it takes for everyone else involved in the process.

If you were just injured in a car accident, try not to be too overwhelmed. Call an attorney in your area and review this resource to know what to expect. Don’t be afraid to ask questions and be ready for a long process.

Get Help Now

If you’re in Oregon, we’d love to help you with your case. Fill out our form or give us a call at (541) 486-5464.

Download a copy of this resource here: Download

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What is a Catastrophic Injury?

Fri, 28 Mar 2025 20:16:37 GMT

What is a catastrophic injury?

A catastrophic injury for purpose of the Crime Victim Compensation Fund is defined by Oregon Administrative Rule as “a severe and debilitating long term or lifelong personal injury”. Because that definition is used for purposes of paying out from a specific pot of money for crime victims it is not applicable in all cases and our lawyers are not so strict in our definition. Our attorneys look to that definition as a decent explanation, but we try to see beyond that. This is because there is not a legal line of demarcation for what is catastrophic or not and if it is you that is injured it is usually a big deal even if objectively others would not consider the injury to be catastrophic. I use this language really as shorthand for extremely serious injuries. It could be something like losing a limb or your eyesight, it could be multiple surgeries and life-long negative effects. In some cases the trauma of the car crash alone can haunt people for years, even to the degree of being debilitating.

Examples of a catastrophic injury include:

Loss of limb
Spinal cord injuries
Traumatic brain injuries
Loss of vision
Loss of hearing
Paralysis
Severe ligament or nerve damage
Disfigurement

While a catastrophic injury case has many of the same elements as a normal personal injury case, many of them are to a much greater extent. These include:

Medical treatment
Lost wages
Pain and suffering

Catastrophic injuries can additionally include:

Loss of earning capacity
Extensive medical treatment
Medical equipment
A full- or part-time caretaker
If a family member takes this role, then loss of earnings for them
Loss of enjoyment of life
Impact of the injury on family relationships, companionship and emotional support

All these damages can be considered for compensation as part of your catastrophic injury case.

Damages

In Oregon, if you have suffered a catastrophic injury from a car accident where the other driver was at-fault, you can sue for damages. The process will require extensive proof that the other driver was at fault.

When facing a catastrophic injury as opposed to a less severe set of damages the questions the lawyer should be asking begin to change. Instead of being confident that PIP (personal injury protection) coverage would be sufficient to pay all the medical bills I begin to start looking for other potential payers just so that the fewest number of bills possible end up getting to the client. Instead of asking questions about how much money can I get from an insurance company I begin to wonder if there will even be enough money to cover the harm done to the client. We need to begin working on finding other payers in an effort to ensure that we don’t run out of money to compensate the person for their injuries. Unfortunately, sometimes this does happen where there simply is not enough money for the catastrophically injured person to be made whole. I dislike this scenario.

Some potential payers include:

A Dram Shop Litigant (a bar that served a Visibly Intoxicated Person who went on to cause a car crash)
A Second or Third (or more) automobile policy
An Umbrella Policy (A safety net type of policy that kicks in after other insurance is exhausted and damages are high)
An at-fault party with a lot of money

Get Help from an Oregon Car Accident Attorney

How to get Compensated

Here at Hunking Law our attorneys specialize in car collision cases and will work creatively and tirelessly to find as much money as we can to be sure our client is made whole.

If you or a loved one has experienced a catastrophic injury, contact us here or call us at (541) 486 - 5464 to schedule a free consultation with one of our attorneys to learn how we can help you maximize your claim.

Is My Oregon Car Accident Attorney Really an Oregon Attorney?

Fri, 07 Mar 2025 20:20:30 GMT

Anecdotally, in recent years more and more people use the internet to find the goods and services they need.  As Oregon attorneys we have tried to adapt as best we can to meet our potential clients where they are: on the internet.  In the past few years there has been a growing group of attorneys who are exceptional at leveraging internet advertising to become “Oregon attorneys”. 

In general terms I don’t really view this as a bad thing because so long as attorneys do good work to help Oregonians with their legal issues, I think there is a net positive for my community simply because the work is getting done.  The troubling aspects occur when I see terrible legal work being done by a lawyer who advertises as an Oregon lawyer but really is a Utah lawyer.  In my estimation, this does damage to my community by giving lawyers a bad reputation, failing to provide fair compensation to Oregonians and taking work that would have been done competently by an Oregon attorney away from that local business. 

In a technical sense, it is difficult to define whether a person is an Oregon attorney.  The Oregon State Bar licenses attorneys to practice law within the state and frankly some attorneys who work primarily out of state are in fact licensed Oregon attorneys.  Personally, I think the State Bar can do more to protect the public from attorneys who are lacking in competence because they are practicing law in multiple states.  It is not easy to learn how to practice law, frankly it takes a lot of time to even read and understand the law in Oregon and even more time to be able to see and know that information in context such that it can be used for the benefit of a client.  But, from my vantage point, when you know what right looks like it is pretty easy to see when an attorney is just wrong in their strategic choices.  I, Joshua Hunking, am not a mechanically inclined person and when I go see an auto mechanic for some issue with my car it is not hard for me to see that. I don’t have the knowledge and experience that my mechanic has, so, they are much better equipped to fix my car; they can spot issues with the sound of the engine that I simply would not notice let alone be able to use as a diagnostic tool to fix the vehicle. 

So, the question remains, how do I determine whether my Oregon car crash attorney is actually an Oregon attorney?  As of today, the best answer I can give you is that we at Hunking Law are Oregon attorneys, while a couple of us are licensed in other states as well (Washington) we know enough to know not to gamble with someone’s future unless we know what we are talking about.  Our Eugene and Corvallis offices are staffed 9-5 Monday through Friday so I guess I could suggest stopping by the office during business hours.  But really, any relationship with a lawyer relies on trust, so hopefully you can just ask your lawyer at the intake whether they are in Oregon or not.  As I write this I am sitting in Eugene Oregon.  I woke up at my house near Brownsville Oregon and took I5 to get here.  The other attorneys and paralegals at this firm also live in Oregon, we know these areas, we know these roads, we pay our taxes in Oregon and most of all we care about you because we, like you, are members of this Willamette Valley community and when you get fair compensation our community gets just a little bit better.  

How long will it take for me to get compensated for my injuries?

Fri, 24 Jan 2025 20:43:18 GMT

We are often asked how long it takes to be compensated for your injuries. We addressed this in FAQs but wanted to provide more detail here.

Q: How Long will it take for me to get compensated for my injuries?

A: Bottom Line Up Front: As little as 14 days all the way up to 3 years or more.

The Long Answer: Each case varies, and it depends on some factors that are within your control and some that are not within your control. I find it is best to describe the situation as I conceptualize it, which is in a few different ways: (1) The football analogy, (2) Linked to specific triggering events, (3) comprehensively including the desires of varying people:

The football analogy: I find this explanation to be useful in that it frames the timeline as a ball being passed back and forth, which is a major component of the timeline of any given case. Because attorneys provide value to our society in our ability to resolve conflict, framing the case as a competitive event like football can be helpful to people. The first thing that happens is the collision occurs, whether it is a car v. car, truck v. car, car v. motorcycle, truck v. bicycle, car v. pedestrian or an unlimited number of different variations of that circumstance; the key is that there is some sort of damage caused by the bad act of another person and a potential payer to cover the damages. The ball starts there with the injured person. If the injured person does nothing for long enough then the situation is over and there is no conflict among humans, the football game just sort of ends. If the injured person decides to try and get compensation for their injuries, then they move the ball by asserting that fact (i.e. making a claim for recovery). Once that happens the ball goes to what the law calls the tortfeasor who is typically the at fault party. If the at fault party agrees that they are responsible for the damage and agrees with the amount claimed they have a couple of choices: (1) pay the claim in full, (2) try to pay less than what they agree they owe. If the at fault party either chooses to try and pay less (which is typical, especially when dealing with insurance companies and non-economic damages or pain and suffering) or they disagree that they are responsible or think there is some split responsibility or some other type of legal defense then you end up with a conflict. Either the claimant can yield, or the at fault party can yield, or they can come to an agreed compromise or as a backstop to resolve this conflict the claimant can take the case to court and use the power of the government to force the at fault party to pay the claim in full if the claimant proves to the court and/or jury that they are entitled to what they are claiming. So in essence the football moves back and forth between the sides during the conflict resolution process and when the ball is in your court if you move quickly you can speed up the process, but you can’t do a lot if the other side is choosing to try and run down the clock (i.e. waiting 30 days before responding to a claim so that they can conduct an investigation).

Linked to specific triggering events: another way to understand how long a case will take is in average ranges after specific triggering events. Typically, you can’t resolve a claim until you know your damages and because damages are trying to measure the difference between what your life is like now versus what your life would have been like if you had never had the collision and because no one knows the future, you generally can’t even know your damages until you are either healed from the crash, or have reached maximum medical improvement (usually determined by a medical professional). Depending on your injuries, no one really knows how long that will take. Sometimes people heal quickly, sometimes it is very slow. Once the triggering event occurs, in my office, we request medical records, and we assume about 30 days from the request that we will have received those records. From there, if the records are small and easily managed it can be 48 hours before we have a synthesis done, or if there are a lot of records it can be 30 days before we have a synthesis complete. Once the synthesis is complete, we have several data points for your damages which are diagnostic codes, cost of treatment, length of treatment, etc. We then can draft a demand which will typically take a few hours, up to about a week. Once drafted we send that to the client for approval which gets approved or modified depending on how quickly the client approves or requests modification for the demand. After it is reviewed and approved, and the person has spoken with their attorney about what it means to send a demand we send out the demand. Typically, it will take about 30 days for the at fault party (usually through their insurance company) to review the demand and make an offer for resolution. If the offer is acceptable then we just need to accept, get a check, sign release documents (promising not to sue after you receive the money) complete a distribution (a document showing where the money is going to ensure there are no outstanding medical bills we aren’t tracking) and once that is signed we issue a check and the money should be in your bank account as soon as you deposit the check. That process can take up to 30 days, but usually not faster than a week. If in the alternative, the offer for resolution is not acceptable then we need to begin the negotiation process or decide to sue. That process continues until either the offer is acceptable, or, in the alternative, we proceed through a jury trial. Each triggering event causes the next process to initiate which is somewhat predictable within ranges.

Comprehensively, including the desires of various people: This explanation really requires an attorney to talk with a person and truly try to understand what the person wants, lay out a plan for how to achieve it, and then execute that plan. Along the way things will go faster or slower to the degree that the desires of the other side of the conflict (insurance companies and at fault parties) are in line with the desires of the claimant. If both sides are reasonable and diligent that can be near instantaneous, if both sides have very different views about what the outcome should be then it can be dragged for years. I know this long answer is a very long answer, if you have more questions feel free to give us a call and I will try to help.

Navigating Legal Challenges Made Easy: Your 3-Step Checklist with Hunking Law

Wed, 06 Dec 2023 21:25:31 GMT

At Hunking Law, we understand that facing legal issues can be overwhelming. That's why we're here to guide you through the process with our simple 3-step checklist. Whether you're dealing with a personal injury case, car accident, or any other legal matter, we've got you covered.

Step 1: Schedule Your Consultation The first step in resolving any legal issue is to reach out to our experienced team. We offer a free initial consultation where you can discuss your case with one of our knowledgeable attorneys. During this meeting, we'll listen to your concerns, provide an assessment of your situation, and outline a tailored plan to address your specific needs.

Step 2: Let Us Handle the Details Once you decide to work with Hunking Law, you can relax knowing that we will take care of all the legal intricacies on your behalf. Our team will gather evidence, communicate with involved parties, and keep you updated throughout the process. You can focus on your life while we navigate the legal system to achieve the best possible outcome for your case.

Step 3: Achieve Peace of Mind Our ultimate goal is to provide you with peace of mind. With our dedicated legal representation, you can trust that your interests are protected, and your rights are upheld. We will work tirelessly to secure a favorable resolution for your case, allowing you to move forward with confidence.

Don't let legal challenges overwhelm you. Contact Hunking Law today, and let our experienced attorneys guide you through the process step by step. Your peace of mind is just a phone call away

Winter Driving Hazards: Stay Safe with Hunking Law

Tue, 07 Nov 2023 21:30:50 GMT

As winter approaches, the picturesque landscapes blanketed in snow can create a serene and beautiful scene. However, for those who have experienced the hazards of winter driving, this season can be anything but tranquil. At Hunking Law, we understand the dangers that winter roads can pose and want to ensure you are well-prepared to stay safe during your winter journeys.

Icy Roads and Reduced Visibility

One of the primary dangers of winter driving is icy road conditions. As temperatures drop, snow and ice can accumulate on the road surface, making it slippery and difficult to control your vehicle. Even a thin layer of ice can turn your commute into a treacherous journey.

Reduced visibility is another challenge during winter months. Snowfall and freezing rain can drastically limit your ability to see other vehicles, road signs, and pedestrians. This reduced visibility increases the risk of accidents, especially during heavy snowstorms or blizzards.

Winter tires and proper vehicle maintenance are essential during the colder months. Failing to equip your vehicle with appropriate tires or neglecting maintenance can lead to brake and traction issues. Stopping distances become longer on icy roads, and if your tires lack proper tread, you may struggle to maintain control of your vehicle.

Brake and Traction Issues

Black ice is an almost invisible hazard that forms when water on the road freezes. It often catches drivers off guard, causing unexpected skidding and accidents. Black ice is most common on bridges, overpasses, and shaded areas of the road.

Black Ice

Here are some tips to help you stay safe on winter roads:

Winterize Your Vehicle : Ensure your vehicle is in top-notch condition for winter by checking brakes, tires, and fluid levels. Consider switching to winter tires for improved traction.

Slow Down : Reduce your speed and increase your following distance to allow for longer braking distances.

Use Headlights : Keep your headlights on, even during the daytime, to increase visibility.

Stay Informed : Check weather forecasts and road conditions before heading out. If conditions are severe, consider delaying your trip or finding an alternate route.

Pack an Emergency Kit : Always have an emergency kit in your vehicle, including essentials like blankets, water, snacks, a flashlight, and a first-aid kit.

Preparing for Safe Winter Driving

Contact Hunking Law for Help

Accidents can happen despite the best precautions. If you or a loved one has been involved in a winter driving accident, Hunking Law is here to assist you. Our experienced car accident attorneys understand the unique challenges winter driving presents and can help you navigate the legal process.

Don't let a winter accident leave you out in the cold. Contact Hunking Law today for a free consultation, and let us work to protect your rights and secure the compensation you deserve.

Stay safe on the winter roads, and remember that Hunking Law is here to support you when you need us the most.