Understanding Distracted Driving Cases

Portland Texting Driver Attorney: Understanding Distracted Driving Cases

Texting while driving has become one of the most common causes of car accidents, even in the Portland Metro area. If you’re searching for a Portland texting driver attorney, you or a loved one may have been hit by a driver who was looking at their phone instead of the road. It’s important to understand what these texting-and-driving cases involve, how fault is determined, and what Oregon laws say about distracted driving. This comprehensive guide will explain these issues in plain language, provide realistic examples of how such cases play out, and point you to helpful Oregon resources (like the DMV, courts, and State Bar) for victims of distracted driving accidents.

Texting while driving dramatically impairs a driver’s attention, often leading to preventable accidents. At 55 mph, looking at a phone for just 5 seconds means driving the length of a football field with your eyes off the road.

Notice: This article is intended for informational purposes only and does not constitute legal advice. The scenarios described are fictional and illustrative. Legal outcomes vary depending on the specific facts of each case. If you were injured in a car accident involving a distracted driver, consult with a qualified attorney licensed in Oregon for legal advice tailored to your situation.

What Do Texting-and-Driving Cases Involve?

A texting-and-driving case typically refers to a car accident where one of the drivers was distracted by using a cellphone (usually texting or otherwise using a mobile app) at the time of the crash. These cases often involve scenarios like a driver texting and rear-ending the car in front of them, drifting out of their lane into oncoming traffic, or running a red light because they weren’t paying attention. The result can be serious property damage, injuries, or even fatalities. In fact, Oregon Department of Transportation data shows thousands of crashes in recent years where cell phone use was a factor – from 2017 to 2021 alone, over 2,000 crashes (with 15 deaths and nearly 1,800 injuries) involved drivers reported to have been using a phone. This illustrates how common and dangerous texting-related crashes can be.

Key elements of a texting-while-driving accident case usually include proving that the other driver was distracted and that this distraction caused the crash. For example, did the driver fail to brake in time because they were sending a text? Were they looking down at their screen when they drifted over the center line? Evidence such as witness accounts, police reports, and phone records can all help show that a driver was on their phone when the collision occurred. Because texting while driving is illegal in Oregon, a driver who causes a crash due to texting is generally considered negligent – meaning they failed to exercise reasonable care on the road. Many texting-and-driving cases become personal injury claims or lawsuits, where the injured victim (the plaintiff) seeks compensation for medical bills, lost wages, pain and suffering, and other damages from the at-fault texting driver (the defendant). Typically, the distracted driver’s auto insurance will be involved, and these cases often settle through insurance claims. However, if injuries are serious or liability is disputed, the case may proceed to an Oregon court for a lawsuit.

How Is Fault Determined in Distracted Driving Accidents?

Determining fault in a texting-related accident works much like other car accidents – investigators and insurance companies look at the facts to see who acted negligently. However, the fact that texting while driving violates Oregon law can make establishing fault more straightforward. Oregon, like all states, recognizes the doctrine of negligence per se: if a driver breaks a safety law (such as the cellphone ban) and causes an injury, that violation can automatically be considered negligence in a civil injury case. In other words, if the driver who hit you was cited by police for texting or using their phone illegally, you can use that as evidence that they breached their duty to drive safely. This can simplify your case – you still must prove the violation happened, but if you have proof (like the police citation, an admission by the driver, an eyewitness statement, or even data from the driver’s phone records), then the law assumes the driver was negligent. Of course, you also have to show that this negligence directly caused the accident and your injuries.

Evidence is key in these cases. Right after an accident, if you suspect the other driver was on their phone, it’s important that the police are informed so they can note it in their report and possibly preserve evidence. Officers might look for a phone in the driver’s hand or ask them about phone use. In more serious crashes, law enforcement can obtain phone records to see if the driver was texting at the time of the collision. As a victim, you and your attorney can also seek those records during the legal process. Witness testimony can be very powerful – for instance, another passenger or bystander might have seen the driver typing on their phone or noticed them looking down just before impact. All of this helps paint a picture of how the crash occurred.

It’s also worth noting that Oregon uses a modified comparative negligence rule in accident cases. This means fault can be shared, and your compensation can be reduced if you were partly at fault – but you can still recover damages as long as you were not mostly at fault. Specifically, under Oregon’s 51% rule, an injured person can receive compensation as long as they are 50% or less at fault, but if they are 51% or more at fault, they’re barred from recovery. In a texting driver scenario, this could come up if, for example, the distracted driver was clearly negligent, but perhaps you (the victim) were also driving slightly above the speed limit or made a flawed maneuver that contributed to the crash. In such a case, a percentage of fault might be assigned to each party. As long as the texting driver holds the majority of the blame, they (and their insurer) would still have to pay a share of your damages. For most texting-and-driving accidents, however, the distracted driver is often found fully or primarily at fault, given the high level of irresponsibility involved in using a phone behind the wheel.

Example: Imagine you’re driving through downtown Portland and another driver runs a stop sign while looking at their phone, T-boning your car. The police report and a nearby pedestrian confirm the other driver was texting and driving, and the driver even receives a citation for it. This strong evidence makes it clear the other driver’s distraction caused the crash, so fault will almost entirely fall on them. Now consider a slightly different scenario: you’re hit by a texting driver, but you were going 5-10 mph over the speed limit at the time. In this case, both of you share some blame – you for speeding and the other driver for being distracted. An insurance adjuster (or a jury, if it went to court) might say, for example, you are 10% at fault (for speeding) and the texting driver is 90% at fault. Oregon’s comparative negligence law would then allow you to recover 90% of your damages (since you were not more than 50% at fault). The bottom line is that proving the other driver was unlawfully texting strengthens your case significantly, but all facts will be examined to allocate fault fairly.

Oregon’s Distracted Driving Law (Texting and Cell Phone Use)

Oregon has strict laws prohibiting texting and handheld phone use while driving. The primary statute is ORS 811.507, often called the distracted driving or cell phone law. It is illegal to drive while holding and using a mobile electronic device – this includes not just texting, but also talking, emailing, using apps, or browsing the internet on a phone or tablet while driving. In short, if a device takes your hands off the wheel or attention off the road, using it while driving is against the law in Oregon. The law was significantly tightened in 2017 to close loopholes and increase penalties, because lawmakers recognized the growing danger of smartphone distractions on the road.

Here are some key points about Oregon’s anti-texting law and related rules:

• Hands-Free Only (for Adults): Drivers 18 and older are allowed to use a phone in a hands-free manner (such as via speakerphone or headset) for voice communication or navigation, as long as they can activate or deactivate it with a single touch or swipe. However, any hand-held use of the phone (holding it to your ear, typing, scrolling) while driving is illegal. And even hands-free use isn’t supposed to distract you visually – you can’t be inputting addresses or reading texts, for example.
• Under-18 – No Phone Use: Drivers under 18 years old are completely prohibited from using mobile devices while driving, even if hands-free. Teen drivers cannot talk on the phone or text at all. The only exception would be in an emergency (such as calling 911). This strict rule for minors recognizes that young drivers already have higher crash risks and should not add phones to the mix.
• No Texting, Period: Oregon bans text messaging for all drivers, regardless of age. This includes composing, reading, or sending texts or emails while driving. Even voice-to-text features can be risky, but using those would generally fall under hands-free use (allowed for adults) as long as you’re not manually typing.
• Stopped in Traffic? Still Illegal: A common misconception is that it’s okay to check your phone at a red light or in bumper-to-bumper traffic. Oregon’s law explicitly forbids device use when you are temporarily stationary in traffic – like at stoplights, stop signs, or traffic jams. The only time you can legally use your phone is if you have parked in a designated parking spot (safely off the road). So, if you’re behind the wheel – even paused at a red light – it’s best to keep your phone put away. (The slogan “Park your phone” is often used in safety campaigns, meaning pull over and park if you must use your phone.)
• Emergency Exceptions: It’s allowed to use a device to call for help in an emergency if no one else in the vehicle can do it. For instance, if you witness an accident or have one yourself and need to dial 911, or if you need urgent medical aid, you won’t be penalized for using your phone in that emergency context. Certain professionals like tow truck operators or bus drivers may have specific exemptions when following federal rules, and CB radios are exempt for CB users, but these are special cases.
• Penalties: The penalties for texting or using a handheld device while driving in Oregon are quite severe. A first offense (with no crash involved) is a Class B traffic violation with a base fine around $265 (and a maximum fine up to $1,000). The court may allow a first-time offender to take an approved Distracted Driving Avoidance Course, which can waive or reduce the fine – but the conviction still goes on the driver’s record. Repeat offenses or if you cause a crash while using your phone lead to higher penalties. A second offense, or a first offense that contributed to a collision, is a Class A violation (presumptive fine around $440, maximum $2,000). A third offense within 10 years escalates to a Class B misdemeanor, which is a crime – it can result in much heavier fines and even up to 6 months of jail time. These stiff penalties underscore that Oregon considers distracted driving a very serious danger.

In summary, Oregon law leaves little wiggle room: drivers must stay off their phones while driving, with rare exceptions. Not only can violating this law result in tickets and fines, but if a driver causes an accident while texting, that violation can be used against them in civil court to establish their fault (negligence per se, as discussed earlier). For Portland-area drivers, it’s a clear message – if you value your license, your wallet, and everyone’s safety on the road, don’t text and drive.

What to Do If You’re Hit by a Distracted Driver

Being involved in a car accident caused by a texting driver can be frightening and overwhelming. It’s important to take the right steps afterward, both for your health and to protect your rights. Here’s what to do if you are hit by a suspected distracted driver in Portland (or anywhere in Oregon):

1. Ensure Safety and Call 911: First, make sure you and any passengers are safe. If anyone is injured, call for an ambulance immediately. Even if injuries seem minor, calling the police is crucial. In Oregon, police will create an accident report for crashes involving injury or significant property damage. Tell the responding officer if you observed the other driver on their phone or if you suspect it (for instance, you noticed them looking down, or their phone is lying open in their car). This information can go into the police report. Getting an official report is important for any insurance or legal claim later.
2. Exchange Information: Get the other driver’s contact and insurance information, as required by law. Also collect contact info from any witnesses who saw what happened. If someone saw the driver texting or saw the driver driving erratically just before the crash, their testimony could be valuable. Note the time and exact location of the accident, since that can later be cross-referenced with phone records (to see if a text was sent or received at that exact time).
3. Document the Scene: If you can, safely take photos of the vehicles, the scene, and any evidence. For example, take a picture of the other driver’s phone visible in the car if it’s accessible and safe to do so (but do not confront or intrude beyond what’s reasonable). Photos of skid marks, damage, and the overall scene can help accident reconstruction. Sometimes, the distraction might be indirectly evident (e.g., no brake marks from the distracted driver’s car if they never even looked up to brake). Also, note if there are surveillance cameras or traffic cams in the area that might have captured the incident.
4. Seek Medical Attention: Get a medical checkup as soon as possible, ideally the same day. Adrenaline can mask injuries – it’s not uncommon to feel okay right after a crash only to realize later that you’ve suffered whiplash, a concussion, or internal injuries. Having medical documentation is not only important for your health but also creates a record linking any injuries to the crash. Oregon law requires drivers to carry Personal Injury Protection (PIP) insurance, which will cover initial medical expenses (usually up to $15,000) regardless of fault. Use that coverage for necessary treatment while the claim is being sorted out.
5. Notify Your Insurance Company: Report the accident to your own auto insurance promptly, even if the other driver is clearly at fault. Oregon is an “at-fault” state (not no-fault), so the at-fault driver’s liability insurance should ultimately pay for your damages. But you still must inform your insurer and can use your coverage (like PIP for medical, or uninsured motorist coverage if it turns out the other driver is uninsured or underinsured). Be honest and stick to facts; mention that you believe the other driver was texting/inattentive. Do not speculate or admit any fault on your part.
6. Consult a Legal Professional: If you’ve been injured or are facing significant expenses, it’s wise to consult with a personal injury attorney. An experienced attorney (especially one familiar with Portland and Oregon traffic laws) can help gather evidence of the texting (like subpoenaing phone records, as needed), deal with the insurance companies, and advise you on your rights. They can also ensure you don’t miss any legal deadlines – in Oregon, the statute of limitations for personal injury is generally two years from the accident date, but it’s best not to wait that long to start a claim. Talking to a lawyer does not mean you’re suing right away – they can often help you reach a fair settlement without a lawsuit, but they’ll be prepared to file suit if necessary to get justice for you.
7. Preserve Evidence and Keep Records: Keep a file with all documents related to the crash. This includes the police report, medical records and bills, repair estimates, photographs, and correspondence with insurance companies. Also, jot down your own recollection of the accident while it’s fresh – including the moments leading up to it (for example, “I noticed the driver in my rear-view mirror looking down and not slowing before they hit me”). If you later need to give a statement or testimony, these notes can be very helpful. Additionally, save any phone records or data you might have of your own that could support your case (for example, if your dashcam recorded the incident, or if a smartwatch app detected the crash, etc.).

Following these steps will help protect your health and your legal interests. The moments after a crash can be chaotic, but taking care of these tasks will make any insurance claim or legal case much smoother. Remember, a driver who was texting and caused an accident is likely going to be found negligent – but you have the burden to prove it. The more evidence and documentation you have, the stronger your position if you pursue a claim for compensation.

Example Scenarios of Texting-While-Driving Accidents

To better illustrate how texting-and-driving cases play out, let’s look at a couple of fictional but realistic examples in a Portland context. These examples show different outcomes and issues that can arise:

• Example 1: The Rear-End Collision on Burnside Street – It’s a rainy afternoon in Portland, and Alice is driving west on Burnside approaching a red light. She stops for the light. Behind her, Bob is driving and decides this pause is a good time to check a text message that just buzzed his phone. The light turns green, the cars ahead move, but Bob’s eyes are still on his phone – he doesn’t see that Alice hasn’t started moving yet because she’s yielding to a pedestrian in the crosswalk. Bob slams into the back of Alice’s car at 20 mph. Alice suffers a whiplash injury. Police arrive, and a witness tells them Bob was on his phone. Bob admits he was reading a text. Fault: Bob is clearly at fault for the crash; by law he shouldn’t have been on his phone. His distraction caused him to not notice traffic conditions. He gets a citation for distracted driving. Legal outcome: Alice files a claim with Bob’s insurance for her medical bills and car damage. Because Bob’s texting is considered negligence per se, his insurer doesn’t have much ground to dispute liability. They negotiate a settlement covering Alice’s medical treatment, lost work time, and an amount for pain and suffering. Alice also could file a personal injury lawsuit, but in this case, the insurance settlement was adequate. This scenario is typical – many texting driver cases are rear-end crashes where the distracted driver simply didn’t stop in time.
• Example 2: Crosswalk Tragedy in a School Zone – John is driving through a neighborhood in Beaverton (just outside Portland) on a weekday afternoon, approaching a school crosswalk. He’s running late for a meeting and is texting his colleague while driving, trying to arrange a meet-up. At the same time, 14-year-old Sara is crossing the street in the marked crosswalk after school. John, distracted by his text conversation, fails to see the flashing crosswalk lights and doesn’t slow down. He strikes Sara in the crosswalk. She is seriously injured. Fault and consequences: This is a severe case. John is unquestionably at fault – he violated multiple rules (distracted driving law, and his duty to yield to a pedestrian in a crosswalk). The police not only cite him for the cellphone violation, but given the serious injury, he is charged with Careless Driving with a vulnerable road user involved (Oregon has specific penalties for injuring pedestrians/cyclists due to careless driving). Sara’s family contacts a personal injury attorney. The attorney obtains John’s phone records showing he was actively texting at the time of the crash. In the civil case, negligence per se applies because John broke the law (ORS 811.507) by texting while driving. John’s auto insurance policy limits might not be enough to cover all of Sara’s medical bills and future care, so the attorney explores other avenues of compensation (including John’s personal assets or other applicable insurance). Legal outcome: Sara’s family files a lawsuit. Facing strong evidence, John’s insurance company quickly agrees to pay out the maximum policy limits. The case also pushes John into Oregon’s high-risk insurance pool and he faces a license suspension. This tragic example shows how a moment of distraction can have life-altering consequences – and how the legal system handles a texting driver who causes severe harm.

These examples highlight a few points: In minor accidents (like a typical rear-end), the case might be resolved through insurance without much dispute if texting is evident. In major accidents with serious injuries, the stakes are higher – there may be criminal charges, and the civil case might be more complex especially if damages exceed insurance limits. Either way, proving the driver was texting is a crucial element that can strongly influence the outcome.

Resources for Portland-Area Drivers and Victims

If you’ve been in a crash involving a texting driver or you want to learn more about distracted driving in Oregon, there are many publicly available resources and tools that can help. Here are some of the most helpful ones:

• Oregon DMV / ODOT Distracted Driving Information: The Oregon Department of Transportation (ODOT) maintains a Distracted Driving webpage that explains the state’s laws and provides statistics and safety tips. You can refer to Oregon Revised Statute 811.507 for the exact legal wording of the mobile device ban. The ODOT site also outlines exceptions (like hands-free use and the ban on use even at stoplights) in plain language. They offer a Distracted Driving Fact Sheet and even a “Distracted Driving Avoidance Course” for drivers who have been cited. This official information is useful to understand what’s legal and illegal, which is helpful if you’re building a case against a driver or just trying to be a safer driver yourself. (Visit Oregon DOT’s Safety/Distracted Driving page on Oregon.gov)
• Oregon State Bar Lawyer Referral Service: If you need legal advice or are considering hiring an attorney, a great starting point is the Oregon State Bar’s Lawyer Referral Service. This service can connect you with a licensed Oregon attorney who handles car accidents or personal injury cases. You can call the referral line at 503-684-3763 (Portland area) or 800-452-7636 (toll-free in Oregon). Tell them you are looking for help with an auto accident involving a texting driver. For a small $35 fee (or sometimes free consultations), you can get an initial half-hour consultation with an attorney through this program. The State Bar also has a Modest Means Program if you have a lower income, which can help you find an affordable lawyer. (Visit the Oregon State Bar – Find a Lawyer page at osbar.org or call the numbers above during business hours.)
• Oregon Judicial Department – Court Information: If you decide to pursue a lawsuit, your case would likely be filed in the Oregon Circuit Court for the county where the accident happened (for Portland, this is often Multnomah County Circuit Court). The Oregon Judicial Department website (courts.oregon.gov) has information on how to file a civil case, court fees, and even small claims court if your damages are within the small claims limit. In Oregon, small claims court can handle claims up to $10,000 and is a simpler process where you might not need an attorney. This could be an option if, say, you only had property damage or very minor injuries from a texting driver crash and you’re seeking a relatively small amount. The OJD site also provides forms and guidance for self-represented litigants. (Check Oregon State Courts’ website for guides on filing a claim or contact the Multnomah County Circuit Court for local procedures.)
• Oregon Department of Motor Vehicles (DMV) Resources: The Oregon DMV, which is part of ODOT, publishes the Oregon Driver Manual and other materials that include sections on distracted driving. Reviewing the driver manual’s rules on cell phone use can reinforce what the law requires – useful if you need to reference the standard of care a driver should follow. The DMV also sometimes distributes brochures or campaigns especially during Distracted Driving Awareness Month (April each year) to educate the public. While these are more for prevention, they can be informative when understanding the context of your situation. (Visit Oregon DMV online or any DMV office for brochures on distracted driving.)
• Public Safety Campaigns and Educational Tools: Oregon has active public safety campaigns aimed at reducing distracted driving. For example, ODOT’s recent campaign motto “Park Your Phone” encourages drivers to put their phone away while driving, as mentioned earlier. Oregon Impact, a non-profit, offers prevention programs such as a Distracted Driving education course and even simulators for teens to experience the dangers of texting behind the wheel. They emphasize that your brain cannot truly multitask; you can’t safely operate a car and use a phone at the same time. Additionally, national campaigns by groups like NHTSA (National Highway Traffic Safety Administration) provide eye-opening statistics and personal stories (e.g., the fact that taking your eyes off the road for 5 seconds at highway speeds is like driving blind for 300 feet). For someone dealing with the aftermath of a crash, these resources can offer support and a reminder that you’re not alone – distracted driving is a widespread issue being actively addressed by safety organizations.
• Oregon State Police (OSP) and Local Law Enforcement: Law enforcement agencies often have information on how they enforce texting and driving laws. For instance, the Oregon State Police website or your local police (like Portland Police Bureau) might have press releases or pages about the dangers of distracted driving, statistics from enforcement campaigns, and tips for reporting dangerous drivers. While not directly legal advice, these can deepen your understanding of how seriously authorities take the issue. In some cases, if you need a copy of a police report from your accident, you’d request it through the relevant police department (Portland Police Bureau for city crashes, or OSP if a state trooper responded, etc.).
• Victim Support and Advocacy Groups: If you or a family member were seriously injured by a distracted driver, you might consider reaching out to advocacy groups. Families and friends of victims sometimes collaborate with organizations like End Distracted Driving (EndDD) or Impact Teen Drivers to raise awareness. While these might be more for emotional support or activism rather than case-specific help, they can be a source of community and healing. They often have resources for victims, like support networks or events, and they work alongside attorneys, law enforcement, and policymakers to stiffen distracted driving consequences.

In using these resources, always make sure information is up-to-date – laws can change (for example, Oregon adjusted its cell phone law in 2017 to broaden the definition of illegal use). The sources above are reputable and public. Be cautious about internet information from non-official sources that might be outdated or angled toward marketing. And remember, no resource replaces personalized legal advice – they are here to inform you, but if you’re pursuing compensation, an attorney can give guidance tailored to your specific case.

Texting-and-driving Accidents

Texting-and-driving accidents are a preventable tragedy that unfortunately happen far too often in Portland and throughout Oregon. Understanding the ins and outs of these cases – from what typically happens in a texting-related crash, to how Oregon law assigns fault, to the specific distracted driving statutes – can empower you as a victim or concerned citizen. Oregon’s laws clearly prohibit drivers from using phones behind the wheel, and there are steep penalties for those who break the law, especially if someone gets hurt. For victims, knowing that a texting driver’s law violation can help prove their negligence in court may provide some reassurance that the law is on your side. By taking the proper steps after an accident (calling police, gathering evidence, getting medical care, and seeking legal counsel), you can protect your rights and improve your chances of a fair recovery for your losses.

While no blog post can erase the pain and frustration of being hit by a distracted driver, being informed is an important first step. Use the tools and resources available – from the Oregon State Bar’s referral service to ODOT’s safety materials – to guide your next moves. Every driver has a responsibility to keep their eyes on the road and hands on the wheel. When they fail that responsibility by texting and driving, the law provides remedies to those harmed. Stay safe out there, and remember: if you need help, there are professionals and organizations in the Portland area ready to assist you with navigating the aftermath of a texting-while-driving accident.

References:

• Oregon Department of Transportation – Distracted Driving in Oregon (ORS 811.507 law and statistics)
• BikePortland – “What you should know about Oregon’s new distracted driving law” (law changes and fines)
• LawInfo – Comparative Negligence Laws by State (Oregon’s 51% rule)
• Oregon State Bar – Lawyer Referral Service (contact info for finding an attorney)
• Oregon State Bar – Guide to Small Claims Court in Oregon
• Oregon Impact – Distracted Driving educational resources (public safety campaign)
• National Highway Traffic Safety Administration – Distracted Driving Facts (texting 5-second rule)