Merging accidents are common accidents on many U.S. highways. They happen mainly because of inattentive or negligent drivers misjudging their speed and distance when they enter or exit a highway or merge while on the highway itself.
Merging accidents can be the cause of severe injuries and fatalities because of the speed involved when vehicles collide. If you have been injured in this way while using US-26, or any other highway in Oregon, you may be able to claim compensation by filing a personal injury claim. An experienced attorney can provide advice and explain your legal options.
US Route-26 in Oregon
US Route-26 connects the coastal area of Oregon on the I-101 near Seaside with Idaho, east of the town of Nyssa. It is a major east west highway that crosses the Coast Range through a tunnel and into the town of Banks. After Banks, US-26 joins up with Route 6 and becomes a freeway. It then passes through a corner of Portland, the state capital. Much of this part of US-26 is through suburban or industrial parts of Oregon and is very busy.
From Portland, the highway trends eastwards past Mt. Hood and finally enters Idaho at the state border. The last section of US-26 overlaps US-20.
What to Do If Hit While Merging On US-26
If you were hit while merging on US-26, you may decide to file a claim for compensation against the driver who hit you. You will need to understand Oregon’s state personal injury laws and the statute of limitations which limits claims to two years from the date of the accident. If you believe that you were hit by an employee working for a city or state government, you only have 180 days to make an initial claim.
Oregon has a modified comparative negligence rule. This prevents you from claiming anything at all if it is believed that you were more than 50% to blame for the accident which injured you. However, if the percentage fault that is yours was less than 50% you would be entitled to claim a percentage of the full claim, based on your proportion of fault.
Oregon does not have any caps on damages except for a $500,000 cap on non-economic damages in a wrongful death claim.
Evidence to Gather If Hit While Merging On US-26
Your attorney can help you collect the evidence you will need to convince an insurance adjuster or a court that your claim is justified. Evidence that may be inspected for relevance includes the following:
- medical bills, e.g. for visits to the doctor, surgery, etc.;
- documentation from your employer showing the extent of any lost earnings;
- damage report and bill or receipt for repairs to your vehicle;
- police report compiled at the scene of the collision;
- any photos you may have been able to take showing the damaged vehicles;
- contact details of potential witnesses or recorded statements made at the crash site taken by a voice recorder (these are often an option on your cell phone).
Hire a Personal Injury Attorney
It can prove difficult trying to win a personal injury case without the help of an experienced personal injury attorney. In many cases it is not worth dealing with a claim all by yourself.
Most personal injury attorneys defer any legal fees until a claim is won and in the meantime will negotiate on your behalf as well as help you gather evidence and provide useful legal advice. Fill out the Free Case Evaluation today for help with your claim.
