The legislature and the courts in Oregon have addressed the issue of reckless driving. Reckless driving is defined as driving “a vehicle upon a highway carelessly and heedlessly in willful or wanton disregard of the rights or safety of others.” As we can see from this definition, “recklessness” implies a culpable mental state. In light … Read More
Legal Responsibility of Pedestrians and Drivers
The Oregon Vehicle Code is the primary resources for answers to what constitutes the statutory obligations of motor vehicle operators. In conjunction with the statutory obligations of motor vehicle operators, it is important to juxtapose a discussion of the rights, responsibilities, and obligations of pedestrians and bicyclists. In this section, we shall address: (1) the … Read More
Control as a Factor in an Auto Accident Case
The duties of a motorist to drive at a reasonable rate of speed, to maintain an adequate lookout, and to keep his-her car under control are interrelated requirements under Oregon law. These are legal duties that cannot be considered separately because they are elements which are mutually dependent on each other—the so-called “trinity.” The reason … Read More
Your Duty to Lookout in Auto Accident Cases
Vehicle collisions can be matters involving life and death issues. Therefore, the law and courts in Oregon treat them very seriously. Due to the complexity involved in making a determination of responsibility for a vehicle collision involves three related elements. Keeping and maintaining reasonable lookout, reasonable vehicular control, and reasonable speed are what is referred … Read More
Speed as a Factor in Auto Accidents
The duty of speed requires that all drivers drive the speed limit or the speed which is reasonable for the conditions—whichever is less. The speed limit is either the posted speed or depends on the classification of the roadway and/or neighborhood. Clearly, you should not be driving at freeway speeds when driving in a residential … Read More
Tim Williams is a National Crime Victim Advocate
We are proud to announce that our partner and lead litigator, Tim Williams, is now a National Crime Victim Advocate, having just completed the National Crime Victim Bar Association’s training. This is just the latest in Tim’s growing list of community advocacy and involvement roles. The National Crime Victim Bar Association was established in 1986 … Read More