OREGON DEFECTIVE ROAD
ACCIDENT LAWYER

We Handle Motor Vehicle Accidents Caused by Defective Roads

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You keep your car in good order, and you drive carefully. Yet, however careful you are, you must rely on others to keep Oregon’s roads in good condition. When responsible parties fail in their duties and cause dangerous conditions that lead to you getting into a serious accident, accident victims have the right to fight for justice.

Defective road accident cases can be tough because the agencies responsible for maintaining Oregon’s roads may enjoy extra legal protections. However, if you are reeling from life-changing injuries caused by poor road maintenance, do not let the challenge hold you back from seeking the compensation you deserve.

The aggressive and determined car crash attorneys at Johnston Personal Injury Law Firm are not daunted by the size of the opposition or potential legal hurdles. Our attorneys are ready to listen to your story and help you find the smoothest road to justice. Call 503-546-3167 right now for a free case review, or contact us online, and we will get in touch soon to discuss your car accident claim.

Key Elements of Defective Road Accidents

The standard of Oregon’s roads is getting progressively worse each year. In 2014, 64 percent of roads in Oregon were in good condition. By 2024, this had dropped to 57 percent, with 13 percent in poor condition. 

Different government entities are responsible for maintaining Oregon’s roads. If you believe a defective road was the cause of your accident and injury, seek legal representation. Your car accident attorney can identify which agency was responsible for the road.

Identifying the liable party

In any personal injury claim, your attorney must first identify the person or organization that owed you a duty of care when your accident happened. This can be complex, as in Oregon, different government entities are responsible for different roadways.

For example, the Oregon Department of Transportation (ODOT) is responsible for:

• State highways
• Interstates
• Bikeways (along the above)
• Walkways (along the above)

However, in the cities, things are different. For example, the City of Portland is responsible for maintaining many, but not all, of the city’s streets. 

As established by Portland City Code Chapter 17.42, property owners must take responsibility for roads abutting their homes that are not maintained by the city. If one of these roads was the cause of your accident, a private individual could be liable. 

Untangling these complexities requires the assistance of an experienced attorney who is also an Oregon local and understands which entities are responsible for various types of roads.

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Why the car accident happened

Next, your defective road attorney must prove that the government entity breached its duty of care toward you by means of negligence.

It is impossible to state every type of road defect that could give rise to a personal injury claim; however, some of the most common issues include the following:

• Poor brush maintenance: Overgrown plants by the side of the road can narrow the roadway and cause visibility problems. 
• Missing signage: Stop signs, yield signs, and traffic lights that have been damaged or removed without being replaced can lead to serious car crashes.
• Drainage issues: When water cannot drain away from the roadway safely and quickly during a downpour, water can pool. This can cause cars to hydroplane out of control, potentially leading to serious car accidents.
• Inadequate lighting: A lack of street lighting can make it harder to see hazards, pedestrians, and other vehicles, contributing to crashes that cause severe injuries. 
• Potholes: Most of the time, potholes are a major inconvenience as they can knock our steering out of alignment. However, hitting a pothole at high speed could cause your vehicle to crash into oncoming traffic or cause brake damage, leading to a serious accident. 
• Faded or missing road markings: When lane demarcations are no longer clear or are not present when they should be, lane departure and side-swipe accidents are bound to follow.

Often, people walk away from defective road accidents with nothing more than vehicle damage. However, in the worst cases, they can cause devastating truck accidents, rollover accidents, and other crashes that cause severe injuries and can be fatal.

Defective road claims are difficult to prove without strong evidence. If you are physically able, try to gather as much evidence at the scene as possible. 

Potential evidence could include:

• Photographs showing the defective road conditions
• Video of the auto accident scene
• Eyewitness details

From there, you can make sure to strengthen your personal injury claim by hiring an experienced attorney to handle your case.

Prove the harm caused

Next, your auto accident attorney must prove that your injuries were caused by the defective road accident. The government entity or its insurer may try to argue that your injuries are not related to your accident. 

You can strengthen your case by seeking immediate medical attention, keeping good records, and talking to a Johnston Personal Injury Law Firm car accident attorney as soon as possible after your accident. 

Bring the following to your free case review:

• Photos from the accident, including photos of visible injuries, if possible
• Medical records
• Medical reports showing the potential long-term consequences of your injuries
• Police report

Entitlement to damages

Evidence such as listed above can help your Johnston Personal Injury Law Firm car crash attorney build a strong case that the defective road accident caused your injuries. Finally, your lawyer must prove that your injuries caused financial losses for which you are entitled to compensation. Compensation is meant to make you whole again, restoring you to your financial condition before your accident. 

In most cases, you will be entitled to the following economic damages:

• Medical expenses
• Lost wages
• Property damage (including your vehicle and any other property damaged in the accident)

If your defective road accident caused catastrophic injuries, your Oregon car accident attorney may be able to fight for compensation to cover your long-term care needs. If you can no longer work or return to the job you did before, you may be entitled to compensation for loss of future earning potential.

Depending on the circumstances and seriousness of your accident, a Johnston Law Firm car crash attorney may be able to fight for the following non-economic compensation:

• Pain and suffering
• Emotional distress
• Loss of enjoyment in life
• Loss of consortium (normal marital relationship)
• Disfigurement

At a free case review, one of our car accident lawyers will listen to your story and explain your legal rights. Our personal injury attorney may even give you a ballpark figure you could obtain in compensation based on similar cases. However, part of the discussion will almost certainly be about the challenges unique to defective road claims.

Legal Challenges to Oregon Defective Road Claims

It may be possible to sue either ODOT, the city, or another entity responsible for maintaining Oregon’s roads if your attorney can prove they acted negligently. This usually involves proving the entity knew about the dangerous conditions and failed to take action.

The clock is ticking

When suing the government, it is vital to act as fast as possible. While most personal injury lawsuits have a time limit of 2 years in Oregon, lawsuits against the state or its agencies must normally be filed faster. 

Special rules for government claims

There are often special rules when you sue the government or city for compensation. For example, you must promptly notify the responsible authority so they can make the needed repairs or changes and avoid further accidents.

The extra challenges related to defective road claims highlight the importance of working with personal injury lawyers experienced in Oregon personal injury law. They can guide you through the legal intricacies and help you understand the ideal route to compensation.