After an Oregon car accident, you are likely to be in pain and experiencing a flood of conflicting emotions. It can be hard to think clearly and gather the information you need to file a car accident claim later. However, the presence of the police at the scene can be reassuring. Officers will take control, gather information from each party, and write down the circumstances of the accident.
Whether your injuries were life-changing or relatively minor, the police report could play a crucial role as you pursue justice. It could help answer questions of liability and help you seek compensation that will get your life back on track.
The Oregon car accident attorneys at Johnston Personal Injury Law Firm have years of experience in fighting and winning car crash cases for Oregon accident victims. Discover what we could do for you during a free consultation. Call us or complete our contact form, and a compassionate yet tenacious Portland car accident attorney will explain your legal rights.
The Contents of an Oregon Police Report
An Oregon Police Traffic Crash Report includes the following details:
- Date, time, and location of the crash
- Contact and insurance information for all parties
- Witness and passenger details
- Weather conditions
- Road character
- Surface condition
- Light conditions
- Vehicle movement at the time of the accident
- Sketch and narrative of the accident
The police report includes information that could speak to liability. There is also a checklist of driver factors.
Potential contributing factors include:
- Cell phone use
- Driving too fast for the conditions
- Improper passing
- Disregarding traffic signals
The police will also check whether driver impairment impacted the accident. This could include being under the influence of alcohol, drugs, or medications.
Police reports for major accidents
Serious car accidents require major investigations. Police departments around Oregon have Traffic Investigation Units (TIUs) and Major Crash Teams (MCTs) that investigate fatalities, hit-and-runs, and accidents that are part of criminal investigations. TIU officers include accident victims and their family members in the investigations.
TIUs have trained officers who can reconstruct and investigate complex crashes and produce detailed reports on the circumstances of motor vehicle accidents. If your accident falls into this category, your personal injury attorney may be able to access this report and use it to strengthen your case.
Do you have to call the police after an Oregon car crash?
The Oregon Division of Financial Regulation (DFR) advises drivers to call the police whenever they get into an accident. However, if the accident is a minor fender-bender, the police may not attend the scene.
On the other hand, if anyone was injured or killed, or there was significant property damage, the police will attend and create a report you may use later if you pursue legal action. Never leave the scene of an accident until permitted by the police.
Obtaining a traffic collision report
Under Oregon state law 810.460, a police officer must submit a report to the Department of Transportation “within 10 days of the investigation or preparation of the report.” Therefore, you will have to wait a short time for the report to be ready.
Any driver involved in a car accident can obtain a copy of the traffic collision report. In Portland, this is available from the Portland Police Records Division. There will be a fee to pay for the report.
If you notice any mistakes in the report, discuss your options with your car accident attorney. If you have evidence to back up your claims, it may be possible to get the report corrected.
Additional Oregon Car Accident Reporting Requirements
What if the police attended your car accident and created a report? You must still report your accident to the Oregon DMV within 72 hours.
If the following are true, you must complete a Crash and Insurance Report:
- Death occurred
- Any party was injured
- Damage to any vehicle was more than $2,500
Reporting your accident on time protects you. Failing to report the crash could lead to the suspension of your driving privileges. Also, if you later discover that the damage from the accident is more extensive than you realized, you have proof that the incident happened.
It is not the DMV’s job to decide who was at fault for the crash. However, it will post the accident to each driver’s driving record unless your vehicle was parked at the time. You can request a copy of the report from the DMV.
Insurance companies use DMV and police reports to determine fault, assess compensation, and check that your claim is accurate. Therefore, be careful and stick to the facts when reporting your accident. Insurance companies may pounce on any discrepancies in their attempts to undermine your claim. Talk to a car accident attorney as soon as possible after your accident for clear legal advice on the steps you need to take and how to protect your legal rights.
Why Police Reports Are Crucial in Oregon Car Accident Cases
Insurance companies often use police reports to determine liability, but it is important to remember that this is just one of several forms of evidence. While police reports may be necessary in out-of-court settlements, their role in civil trials is less clear.
Using police reports in court
When car accident cases go to court, liability is determined by the judge and jury. The court will also rule on whether damages are payable and, if so, how much. In some cases, police reports are considered hearsay and are not admissible in court. However, in rare exceptions, it may be recommended that a copy of your police report be brought to an automobile accident trial.
To understand the rules that apply in your case, talk to an experienced Oregon car accident attorney. Your lawyer can advise you as to whether the police report can be used in your case and can represent you if your case goes to court.
Determining liability
Most car accident cases do not go to court. Still, the police report could be crucial evidence for both parties.
The following points make police reports very useful in determining liability:
- Objective viewpoint: The police officer does not have a personal interest in your case. He or she is a neutral third party and a trained professional, which gives weight to the findings the officer includes in the report.
- Evidence of negligence: Oregon police reports include sections on impairment, driver factors, and a narrative of the accident. This could provide evidence of negligence, including the driver being under the influence of drugs or alcohol or making an illegal maneuver at the time of the accident.
- Witness details: The report can help you identify witnesses whose testimony may strengthen your case to prove who was at fault.
A clear police report in your favor could simplify your case and make it easier to obtain the compensation you need quickly. However, it is always wise to be prepared for a battle. Insurance companies want to pay as little as possible. So, if the police report is unfavorable, you can expect the insurance company to take a combative stance and fight every detail in order to shift the blame onto you.
The police report is important, but it is just one part of your car accident claim. A personal injury lawyer can undertake a separate investigation to ensure the report is correct and that all aspects of your accident are considered.
Trust Johnston Personal Injury Law Firm to Fight Your Car Accident Case
The police do valuable work in helping accident victims seek needed help after a car crash. The report the officers compile could also prove vital evidence to strengthen your case. However, to give yourself the best chance of recovering fair compensation that will help you rebuild your life, entrust your case to the car accident attorneys at Johnston Personal Injury Law Firm.
We are proud to serve as trusted advisors to car crash victims from Portland and the surrounding communities. We have secured six- and seven-figure settlements for many clients whose lives have been turned upside down by auto accidents. When we agree to represent you, rest assured that we will uncover every possible piece of evidence to build a strong case that will give you the best chance of success.
Today is the day to find out what compensation you could receive for your car accident claim. Schedule a free consultation via our contact form or by calling us today to discover the legal avenues open to you.