Rideshare Accident
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Three years ago, a delivery truck ran a red light at SE Hawthorne and 39th. The driver walked away fine. The cyclist didn’t. That cyclist was my neighbor’s daughter, and watching that family fight with insurance companies while their daughter recovered changed everything for me.
I’m Dave Eltringham and I learned firsthand that the harms & losses inflicted on an innocent victim like YOU are much greater than most people (including attorneys & insurance companies) will ever understand.
When someone gets hurt because another person wasn’t paying attention, the insurance companies show up with fancy lawyers and low offers. They count on you being overwhelmed. They count on you accepting less than you deserve because fighting back feels impossible.
That’s where I come in.
In February last year, I received a call from a woman who had been T-boned in a car crash near Lloyd Center by a driver who was texting at a stop sign. Her car was wrecked, she had back problems, and the insurance company of the other driver had already called her in her hospital room and offered her $5000 “to make things easy”.
She called me instead.
Here’s what most people don’t realize: insurance adjusters begin to build their case against you immediately after your accident. They gather all the evidence they can find, record your statement, and create their defense while you’re still in the emergency room. Any words you say to them will be used to lower the amount of money you receive as compensation for your injuries.
As your car accident lawyer in Portland, I handle every conversation with the insurance companies. You focus on healing. I focus on building your case. We investigate the scene, talk to witnesses, review police reports, and work with accident reconstruction experts when needed.
That woman from Providence Hospital? Six months after our initial consultation, we settled her case for $127,000, and she is now back to competing in half-marathons again.
Rainy weather makes driving hazardous in Portland from October to June. My office has experience with car wrecks resulting from hydroplaning on I-84, bad visibility on the Vista Ridge Tunnel, and hazardous intersections such as 82nd & Division. Each time we represent clients, we learn more about why accidents occur and how to prove those causes in court.
Auto wrecks involving trucks are much more severe than wrecks involving automobiles, and the laws governing truck wrecks are much more complicated. In addition, the trucking companies have entire departments of attorneys and investigators that begin investigating the accident as soon as their driver calls in to report the wreck.
A few years ago, I was hired by a family whose father died as a result of being crushed between two semi-trucks on I-5, near the Fremont Bridge. Three days after the funeral, the lawyer representing the trucking company came to the family’s home and handed them papers and a check. The family was tempted to sign the papers.
Thankfully, the family called me first.
Cases involving truck wrecks include federal regulations, driver logs, maintenance records, and corporate liability. Trucking companies frequently attempt to place fault on the driver and dismiss the case. As a truck wreck attorney, it is my job to track down the money trail and hold all parties accountable.
The family’s case took 18 months to resolve, and ultimately, we secured a settlement of $2.3 million. While no amount of money can bring back a loved one, at least the family was able to maintain their home and provide for their children.
Portland, OR, is a motorcycle-friendly town, but unfortunately, many of its residents drive without paying attention to motorcyclists. I am a cyclist myself, and therefore understand firsthand how it feels to be cut off by a vehicle while riding a bicycle.
Unfortunately, motorcycle wrecks are subject to an unfair prejudice. Many insurance companies believe that motorcycle operators are reckless, and therefore, the operators are the primary cause of their own wrecks. These same insurance companies will claim that the motorcyclist was speeding, weaving in and out of traffic, or simply showing off.
I counteract this prejudice with evidence. I use helmet-mounted cameras, skid marks, eyewitness accounts, and accident reconstruction to prove that the motorcyclist was not responsible for the wreck. I have represented clients in motorcycle wrecks that occurred on the Sunset Highway, Marine Drive, and numerous other locations throughout the Portland area.
One of my clients was injured in a motorcycle wreck on Burnside Street when a driver turned left directly into his path. The driver’s insurance company claimed that my client was speeding. However, I used traffic camera footage to demonstrate that my client was traveling at a speed of 32 miles per hour in a 35 miles per hour zone. I was able to prove that the driver failed to observe my client.
Ultimately, we recovered $340,000 for my client. Unfortunately, he suffered permanent injury and now walks with a limp; however, at least his medical bills are covered.
There is no way to repair the emotional pain and suffering associated with losing a loved one due to the negligence of another individual. However, as a wrongful death attorney, I can ensure that the death of your loved one results in consequences for the responsible party. I can also assist your family in moving forward.
Under Oregon law, wrongful death cases allow families to recover for medical expenses, funeral costs, lost wages, and the loss of companionship and affection. Wrongful death cases require compassion, patience, and aggressive advocacy.
I have represented families who have experienced the loss of a loved one due to a car wreck, a construction accident, or medical malpractice. Each family deserves justice, answers, and the resources to rebuild their lives.
Portland, OR, is a city that was founded on bicycles. Our streets are lined with bike lanes. Unfortunately, despite the prevalence of bicycles in our community, some of our drivers fail to recognize and respect bicyclists.
I have represented clients involved in bicycle wrecks caused by doorings on NW 23rd Avenue, right hooks on the Hawthorne Bridge, and hit-and-run wrecks on the Springwater Corridor. Bicycle wrecks frequently result in significant and serious injuries, including broken bones, head injuries, and long-term road rash.
Under Oregon law, drivers are required to provide bicyclists with at least 3 feet of clearance when passing, to yield to bicyclists at crosswalks, and to check their mirrors prior to opening their doors. When they fail to do so, I advocate on behalf of my clients to obtain compensation.
Dog bites can occur in a matter of seconds. A momentary lapse in judgment can lead to you being bitten by a dog and seriously injured.
Oregon law provides that dog owners are held strictly liable for the injuries and damages sustained by individuals bitten by their dogs. This means that the dog owner is liable regardless of whether or not the dog has previously bitten anyone, regardless of whether the dog owner knew that their dog was aggressive.
I have represented young children who were bitten in public parks, delivery drivers who were bitten on private porches, and joggers who were mauled by dogs that escaped from their private properties. Dog bite cases often involve serious infections, scarring, and a lasting fear of dogs.
Most of these cases are funded by homeowner’s insurance policies. However, insurance companies will vigorously defend these claims. They will claim that you provoked the dog. They will claim that you were trespassing on their property. They will offer you a low-ball settlement and hope that you settle.
I do not accept low-ball settlements.
Uber and Lyft have revolutionized the way Portland residents travel. However, their presence has created a number of new and confusing issues related to insurance coverage when their drivers are involved in wrecks.
Rideshare wrecks are governed by three separate insurance policies based upon the status of the driver. For example, when the driver is not waiting for a ride request, the driver is considered uninsured. However, when the driver is en route to meet a rider, the driver is insured under a $100,000/$300,000/$25,000 policy. Finally, when the driver is actively transporting a rider, the driver is insured under a $1,000,000 policy.
Figuring out which of these policies applies can be a difficult task requiring specialized knowledge of the applicable laws.
I have represented clients in wrecks involving Uber drivers who ran red lights, Lyft drivers who rear-ended stopped vehicles, and riders who were injured when their driver swerved to avoid pedestrians. In each of these cases, I had to navigate the multiple insurance policies that apply.
Fortunately, when a rideshare driver is actively engaged in providing transportation services, they are covered by a $1,000,000 policy. Unfortunately, the insurance companies will aggressively defend these claims.
Portland, OR, has a vision of becoming a pedestrian-friendly city. Unfortunately, we are far from achieving that goal. Each year, drivers strike pedestrians in marked crosswalks, at bus stops, and in parking lots.
I recently represented a grandmother who was struck by a driver who was backing up while looking at her cell phone in the parking lot of a Fred Meyer store. The driver’s insurance company offered my client $8,000. We negotiated a settlement of $95,000.
Pedestrian wrecks can result in life-altering injuries. These include broken hips, traumatic brain injuries, and spinal cord damage. These types of injuries require serious compensation, not quick settlements.
Oregon law requires drivers to come to a complete stop at crosswalks where pedestrians are present. It also requires drivers to yield to pedestrians when turning and to look around their vehicle before backing up. If a driver fails to comply with these requirements, the driver will be held liable for any injuries sustained by the pedestrian.
Businesses and homeowners have a responsibility to protect their patrons and tenants from hazards that may exist on their premises. When businesses and homeowners fail to do so, individuals may suffer serious injuries.
I have represented clients in slip and falls at grocery stores, trips and falls over uneven sidewalk surfaces, and injuries caused by falling merchandise at retail stores. I have also represented clients who have been injured as a result of inadequate security measures in parking garages and apartment buildings.
To prevail in premise liability cases, I must establish that the business or homeowner was aware of the hazard that caused the plaintiff’s injuries and failed to act to correct the problem. Therefore, I must obtain records related to maintenance and repairs, reports related to incidents of injury, and testimony from other patrons or tenants who have reported similar safety concerns.
Businesses and their insurance carriers frequently blame victims of premises liability cases. They will claim that the victim should have watched where they were going. They will claim that the hazard was obvious. They will claim that the victim fabricated the injury.
I refute each of these claims using evidence.
Of ALL the things we think, say, and do in our legal practice & business operations, it is ALWAYS the unvarnished Truth.
ALWAYS honoring our pledge & commitment to total openness & Complete Transparency with EVERYTHING we do.
Whether you’re in Florida or Portland, Oregon, try us risk-free for thirty days and if you’re not satisfied, you can cancel your contract and owe us NOTHING.
We only get paid when YOU GET PAID.
In the initial consultation, I assess whether you have a viable case and its potential value. Once we’ve decided to proceed, I’ll manage all aspects of your claim. I’ll communicate directly with the insurance company. I’ll obtain your medical records. I’ll speak with witnesses. I’ll hire experts (as necessary) and prepare and file the complaint in your lawsuit if we’re unable to reach a settlement.
You won’t pay me unless we prevail; I work on a contingency fee basis. This means I’ll receive a percentage of the proceeds from your settlement or the jury’s award. If we lose, you won’t owe me anything.
Most claims resolve without going to trial. Insurance companies are aware that I’m prepared to try these matters in front of a jury. Therefore, they typically offer reasonable settlements when we’re able to demonstrate that we’re prepared to present the case to a jury.
How much is my case worth?
The amount of money your case is worth depends on several factors. These include the severity of your injuries, your medical bills, the income you lost due to your inability to work, and the overall impact of the accident upon your quality of life. A minor injury may result in a settlement of $20,000. More severe injuries could result in awards of millions of dollars. After reviewing your case, I’ll provide you with a realistic estimate of the potential value of your claim.
How long will this process take?
Claims that are relatively uncomplicated tend to settle within three to six months. Claims involving serious injuries may take longer, potentially 18-24 months, depending on the complexity of the claim and your need for ongoing medical treatment. We don’t rush. We want to ensure that you have completed all required medical treatment, and we understand the full extent of your damages.
Can I really afford a lawyer?
Yes. I don’t charge you any up-front fees. Instead, I get paid when you get paid. If you’re unsure of whether you can afford a lawyer, then I encourage you to contact us.
Will the fact that I was partially at fault affect the outcome of my claim?
Oregon is a comparative negligence state. Even if you bear some responsibility for causing the accident, you may still be entitled to recover damages. However, the amount of damages you are entitled to recover will be diminished by the degree of your responsibility for the accident. For example, if you are deemed to be 20 percent responsible for the accident, then you would be entitled to recover 80 percent of the total damages.
When you hire me, you’re hiring me — not a paralegal, not a young attorney, just me. I will always explain things to you clearly and simply, using language that you can understand. I will stay in touch with you throughout the entire process, keeping you informed of the status of your claim and the next steps in the process.
I’ve represented thousands of individuals who have suffered injuries as a result of the actions of others. In addition to obtaining large settlements for many of those individuals, I’ve also helped them regain control over their lives and ensured that families did not suffer financially while trying to recover from their injuries. I’ve also held reckless drivers and negligent property owners.
Regardless of the severity of your injuries, I recommend calling 911 immediately after an accident. While you may think you’re okay, some injuries may not appear until later.
Try to document the accident by taking photographs of the accident scene, the vehicles involved, and your injuries. Also, collect the contact information of any witnesses, including names and phone numbers. Finally, find out what type of insurance coverage the other driver has.
Never apologize for an accident, regardless of whether you believe you caused it. Similarly, never admit fault or indicate that the accident was your fault. Additionally, never give a statement to an insurance adjuster without consulting with me first.
The sooner I begin investigating your case, the better evidence we will be able to gather and the stronger our case will be.
I represent individuals who have been injured in accidents throughout Portland, including but not limited to:
Additionally, I serve injured individuals in neighboring cities, such as:
If you were injured in an accident in the Portland Metro Area, I Can Help.
You are injured. You are concerned about paying your medical bills. You are being contacted by an insurance company whose primary concern is making money off of your claim, rather than helping you to recover from your injuries.
You don’t have to face this alone.
Contact me today. Let’s discuss what happened and what options you may have to pursue your case.
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