Overview
Road Conditions:
Unpaved two-way road, approximately 5.5 meters wide
No centerline or lane markings
Slight curve with uneven shoulders lined with grass and shallow ditches
Time: Around 6:40 PM (just before sunset)
Weather: Clear skies, but heavy glare from the low sun
Vehicles Involved
Vehicle A: Ford F-150 pickup truck, traveling east
Vehicle B: Subaru Outback SUV, traveling west
Sequence of Events
The accident occurred on a narrow, unmarked rural road outside the city.
Vehicle A was heading east along the curve, maintaining a steady speed close to the right-hand edge of the road. As it exited the curve, it encountered Vehicle B coming from the opposite direction, traveling westbound.
At that moment, Vehicle B had entered the central portion of the road, and the two cars collided head-on near the middle of the lane.
Although both vehicles were traveling under the speed limit, B’s driver later explained that the sun’s glare had made it difficult to see clearly and that she had drifted closer to the center to avoid hazards on the shoulder.
The impact occurred within seconds of the vehicles seeing each other, giving little time to react.
The point of collision was near the front-left side of both vehicles, indicating a slightly off-center impact.
Damages and Injuries
Vehicle A (Ford F-150)
Driver: Male, 52 years old
Injuries: Whiplash and left shoulder contusion; received 6 weeks of physical therapy
Vehicle Damage: Severe front-end damage including suspension failure; declared a total loss
Insurance: Reimbursed approximately $11,000 for vehicle replacement
Other Effects: Ongoing neck pain, sleep issues, and minor emotional distress
Vehicle B (Subaru Outback)
Driver: Female, 47 years old
Injuries: Chest bruising, minor knee injuries, short-term panic symptoms; hospitalized for 2 weeks
Vehicle Damage: Left front fender, radiator, and engine components damaged; $6,200 repair
Aftermath: Persistent engine warning lights reduced vehicle value
Other Effects: Driver anxiety, potential insurance rate increase
Police Investigation & Evidence
Emergency services arrived approximately 11 minutes after the call.
Police found clear skid marks indicating that Vehicle B had crossed into the center of the road just after entering the curve.
Vehicle A was stopped on the far right side, while Vehicle B was positioned closer to the middle.
GPS data showed that Vehicle A had maintained a consistent speed and right-side alignment leading up to the crash.
Damage analysis showed that B’s vehicle struck at a slight angle from the center, reinforcing that B had intruded into the center space.
Investigators concluded that Vehicle B failed to maintain its position on the right-hand side, which directly led to the collision.
Legal Disputes and Arguments
Vehicle A (Ford F-150)
The driver of Vehicle A argued that he had been driving correctly along the right edge of the road.
He stated that he had no opportunity to swerve or slow down once Vehicle B suddenly appeared in front of him on the curve.
Using GPS data, skid marks, and photos from the scene, he claimed to be the non-fault party in the collision.
Vehicle B (Subaru Outback)
Vehicle B’s driver explained that the sun’s glare made it nearly impossible to see the road clearly and that she veered slightly toward the center to avoid the edge, which had grass and a shallow ditch.
She argued that Vehicle A had also drifted toward the middle and suggested that both parties shared responsibility for the crash due to the road’s condition and poor visibility.
Court Ruling
The court ruled that, even on roads without lane markings, drivers are expected to keep to the far right side of their travel direction under Oregon traffic laws.
Based on the investigation findings, Vehicle A was found to have complied with this rule, while Vehicle B had clearly failed to maintain its lane and encroached into the center.
However, the court also acknowledged that Vehicle A made no clear attempt to avoid the crash (e.g., braking or honking), assigning 20% fault to A and 80% to B.
Compensation:
Vehicle B’s insurer was ordered to pay $18,200 to cover A’s medical expenses and vehicle replacement costs.