On behalf of Berkshire Ginsberg, LLC posted  on Wednesday, January 16, 2013.
Driving situations in Portland, Oregon, can present challenges but when accidents occur, it is always important to remain at the scene to avoid any additional liability. In neighboring Washington, officers recently found a pickup truck they believe was involved in a fatal hit and run accident New Year’s Day. The vehicle was found with a knocked out headlight and a large dent. A headlight that fits the truck was retrieved from the crash site. The driver remains unidentified. The woman who was killed had exited a vehicle following and was walking along the side of the roadway due to an argument when she was struck and killed. Hit and run drivers face serious criminal penalties, in addition to any others associated with the crash. These drivers can also face civil liability for serious injury they cause. Whenever a person is injured or killed in an automobile accident, it is especially important to remain at the scene. Injuries must be evaluated, the police will be summoned and insurance and other identifying information is collected. If a driver fails to stay at the scene, the driver may be liable for failure to leave insurance information. Any driver who negligently injures or kills a person while operating an automobile can face liability in a personal injury or wrongful death lawsuit. A wrongful death lawsuit is a form of personal injury lawsuit brought by family members of a lost loved one through the personal representative of the decedent’s estate. Personal injury lawsuits arise when someone suffers harm from an accident or injury as a result of someone else’s actions. Personal injury lawsuits in Oregon are typically based on neglience. To be liable for negligence, the offending party must have had a duty of care to act reasonably in the circumstances towards the injured party, failed to do so and caused an injury which was foreseeable . A victim may be able to seek compensation for harm caused through a personal injury lawsuit. In some cases, the victim can also be liable for the accident and, depending on the laws of the state where the accident occurred, this may impact recovery for damages. Source: Seattle Times, “Truck recovered in fatal Wash. hit-run crash,” Jan. 2, 2013