Driving in the Portland metro area has become crazy since 2020. Speeding, tailgating, running red lights, and rapid lane changes are a reality on virtually every trip through the Portland metro area. Brazen street racing is all too common.
Prior to 2020, you could call 911 when you saw a reckless driver, and the Portland Police would likely respond. Now, the Portland Police are trying to combat the rampant violent crime in Portland. Even though a person commits reckless driving in Oregon if they recklessly drive in a manner that “endangers the safety of persons or property,” Portland Police will rarely respond to a non-violent crime such as reckless driving.
Even if a person gets cited or arrested for reckless driving it is unlikely that person will receive any jail time or substantial consequences. This is due to the Multnomah County District Attorney Mike Schmidt’s various policies regarding prosecution and jail time for “non violent” offenders.
This has created a perfect storm that has resulted in record numbers of traffic deaths and an enormous increase in the number of people injured in traffic crashes in the Portland Metro Area. So what can we do to hold these dangerous drivers that injure others accountable?
Civil lawyers can seek “punitive damages” on behalf of their clients who have been injured by a reckless driver or speed racer. These are damages that are awarded to punish reckless and dangerous drivers. These punitive damages can be substantial depending on whether or not a lawyer can convince a jury by clear and convincing evidence that the bad driver has shown a reckless and outrageous indifference to a highly unreasonable risk of harm and has acted with a conscious indifference to the health, safety, and welfare of others. ORS 31.730
For instance, a person with temporary minimal soft tissue injuries with medical bills less than $10,000.00 will most likely find it difficult to receive a substantial award or insurance settlement. However, if the at-fault driver was reckless in causing the injuries then the injured party may receive more money. The additional amount will vary depending on the injuries, the reckless conduct, and the “record as a whole.” ORS 31.730
There are many nuances with punitive damages that should be specifically addressed by an Oregon Attorney. Sometimes the effort to obtain punitive damages and what it allows the defendant to do may be detrimental to the injured parties case. It should also be noted that the State of Oregon will receive a large portion of a punitive damage award. Despite these challenges, it is often the only means to truly hold a reckless driver accountable when the criminal justice system fails to obtain justice for the injured victim.
If you have been injured by a reckless driver in Oregon feel free to call Oregon personal injury attorney Jeremiah Ross at 503.224.1658 for your free personal injury consultation.
Ross Law LLC is always happy to discuss car crash cases with injured persons. Please remember this post is for informational purposes only and does not constitute legal advice. Punitive damages can be a very complicated area of law and the law is constantly changing, so it is best to speak with an Oregon Lawyer about your case. Please also remember the post on the Ross Law LLC blog can be considered “Attorney Advertising” in some jurisdictions, and this post does not create an attorney-client relationship.