Our client was stopped behind a line of traffic. While he was waiting for traffic to clear, another motorist rear-ended his truck. He felt immediate pain and sought medical attention for his injuries. After our client completed treatment for all his injuries, he attempted to settle the case on his own. The insurance adjuster offered … Read More
Statutory Obligations Under The Basic Speed Rule
The “basic speed rule” prohibits vehicle operators from driving on a highway at a speed greater than is reasonable and prudent. It also prohibits having disregard for traffic, weather, visibility, the nature of the highway, and other existing conditions. All of these factors are equally important in evaluating whether a driver has met his/her statutory … Read More
Careless and Reckless Driving: The Statutory Obligations
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
$216,500 Workplace Injury Exacerbating a Preexisting Neck Condition
Our client sustained a neck injury when he was rear-ended while test-driving a truck for a local tire shop. The collision aggravated his neck, which had been surgically repaired just six months prior to this collision. The at-fault driver’s insurance company blamed our client’s preexisting condition and denied liability. After arbitration, however, our client was … Read More