Hit & Run Accident Attorney in Salem, Oregon
$175,000 Arbitration Result. Attorney Langdon Smith Handles Your Case Directly.
A hit-and-run crash creates a legal problem unlike a standard collision: there’s no driver to identify, no at-fault insurance to claim against, and evidence disappears within hours. Surveillance footage overwrites. Witnesses leave. Paint transfer gets washed away. The claim that remains runs through your own insurance, and your own insurer isn’t always cooperative. Smith Morgan LLP handles these cases for victims in Salem, Keizer, Albany, and throughout the Willamette Valley.
When you call us, you speak directly with Attorney Langdon Smith. Not a case manager, not an intake coordinator. We offer same-day or next-day case evaluations, we’re reachable after hours and on weekends, and we work on a contingency fee basis, so there’s no upfront cost and no fee unless we recover compensation for you. Hablamos español.
Call us at (541) 248-6979 to speak directly with Attorney Langdon Smith about your hit-and-run claim. Same-day case evaluations are available, and we’re reachable after hours.
Why Choose Smith Morgan LLP for Your Hit-and-Run Claim
Langdon Smith has handled personal injury claims since 2006 and has represented clients in more than 4,000 cases. Smith Morgan LLP has practiced personal injury law since 1991, and that’s all we do. No division of attention across unrelated practice areas. That focus translates into specific familiarity with Marion County Circuit Court procedures and Oregon’s PIP billing practices.
Hit-and-run cases require a particular approach because the claim runs through the victim’s own uninsured motorist (UM) coverage rather than an at-fault driver’s policy. We’ve handled that dynamic before. In one hit-and-run arbitration, we secured a $175,000 award for a client in a case where the fleeing driver attempted to shift blame to someone else. That result is specific to that case, and past results don’t predict future recovery, but it reflects the kind of contested UM claim we know how to build. Once retained, we handle all communications with your insurer directly, including every negotiation on your UM claim.
Start Your Free Case Evaluation
Contact Smith Morgan LLP by phone or online for a free case evaluation. We offer office and virtual appointments, and we’re available 24/7. There’s no fee unless we recover compensation for you.
Call (541) 248-6979 to reach Attorney Langdon Smith directly. We can evaluate your hit-and-run claim today.
Our Settlements & Verdicts
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Policy Limit Settlement Child Struck By Truck
A 9-year-old boy was hit by a truck trailer while fishing with his brother. Despite the insurer’s attempt to blame the child, accident reconstruction proved the driver—under the influence of illegal substances—was negligent. The case settled for policy limits.
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$1,500,000 Pedestrian Hit By Drunk Driver
Settlement for a pedestrian struck by a drunk driver, which included recovery from the bar that overserved the driver.
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$1,250,000 Road Construction Worker Fatality
Policy limit settlement for a worker killed by an inattentive driver in a construction zone.
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Settlement Trip And Fall At Local Business
An 81-year-old man suffered severe injuries after tripping at a business. Investigation revealed multiple code violations at the doorway. The case settled shortly before trial, covering all medical costs plus pain and suffering.
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$875,000 Trip And Fall Injury
Settlement for an 82-year-old man who suffered serious injuries after falling at a local business.
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$2,500,000 Semi-Truck Accident
Policy limit settlement for a husband and wife tragically killed in a collision with a semi-truck driver.
How Oregon Law Treats a Hit-and-Run Driver
Leaving the scene of an injury accident violates ORS 811.700, a Class C felony in Oregon carrying up to five years in prison. A driver who flees a property-damage-only crash faces a Class A misdemeanor under ORS 811.705. Those criminal penalties exist independently of your civil claim, but the driver’s absence shapes how that claim works.
Under Oregon law, a hit-and-run driver is treated as an uninsured motorist. ORS 742.502 requires every Oregon auto policy to include uninsured motorist coverage with minimum limits of $25,000 per person and $50,000 per accident. Your claim proceeds against your own UM coverage rather than an at-fault driver’s policy. Two specific deadlines govern eligibility:
- 72-hour police report: You must report the hit-and-run to law enforcement within 72 hours of the accident to qualify for UM benefits.
- 30-day insurer notice: You must notify your own insurer within 30 days of the accident of your intent to make a UM claim.
Phantom vehicle claims, where a driver causes a crash without physical contact and flees, are also treated as UM claims under Oregon law. These require independent corroboration beyond your own account, which is one reason witness information matters so much immediately after the crash.
What to Do After a Hit-and-Run in Salem
The decisions made in the first hours after a hit-and-run directly affect claim eligibility and settlement value. Evidence deteriorates fast.
- Call 911 immediately and give law enforcement every available detail: make, model, color, full or partial plate number, direction of travel, and any distinguishing features of the fleeing vehicle.
- Seek medical attention promptly. A medical record created close to the crash documents the connection between the accident and your injuries, something insurers will challenge if treatment is delayed.
- Photograph everything at the scene: vehicle damage, road conditions, skid marks, debris, and any paint transfer from the other vehicle.
- Collect witness information. Names and contact details from anyone who saw the collision can help police locate the driver and independently corroborate your account.
- Notify your insurer promptly, but don’t give a recorded statement before speaking with an attorney. Statements made without legal guidance can be used to reduce settlement value.
Compensation Available After a Hit-and-Run
Two coverage types typically apply after a hit-and-run, and they work in sequence. Oregon’s mandatory Personal Injury Protection (PIP) coverage pays a minimum of $15,000 in medical expenses and a portion of lost wages regardless of fault. PIP doesn’t require identifying the driver and pays out immediately while your UM claim develops.
Uninsured motorist coverage addresses the broader range of damages: medical expenses beyond PIP limits, lost wages, pain and suffering, and other losses you would otherwise recover from the at-fault driver. Oregon UM limits match the policyholder’s liability limits unless a lower amount was elected in writing, so many Salem drivers carry coverage well above the $25,000 minimum. When a UM dispute can’t be resolved through negotiation, the case typically proceeds to binding arbitration under Oregon law rather than a jury trial. PIP payments for medical expenses or lost wages may offset the UM payout for the same categories of loss. Oregon law structures this to prevent recovering the same dollar twice, not to reduce the UM policy limits themselves.
Oregon’s modified comparative negligence rule under ORS 31.600 allows recovery as long as your share of fault doesn’t exceed the combined fault of all other parties. The statute of limitations for a hit-and-run personal injury claim is two years from the date of the accident under ORS 12.110(1). Missing that deadline forfeits the right to recover. If a hit-and-run causes a fatality, surviving family members may bring a wrongful death claim under ORS 30.020. The limitations period for wrongful death is three years.