Car Accident Attorney Beaverton Oregon

Car Accident Attorney serving Beaverton OR

Matthew H. Kehoe

Attorney Matthew Kehoe has seen it all in his over 20 years experience as a Car Accident Attorney. It’s hard enough to be a victim in a car accident, but to be victimized by an insurance company by prolonging the claim process and denying fair compensation just isn’t right. If you’ve been involved in a car accident, maybe it’s time to to partner with one of Portland’s best car accident and personal injury attorneys.

Experience Counts in Car Accident Cases

With over 20 years in practice here in the Hillsboro & Beaverton Oregon area, Attorney Matthew Kehoe is highly experienced in car accident cases, and knows what you are going through. As a seasoned Beaverton & Hillsboro car accident attorney, Mr. Kehoe is experienced with the tactics and ploys that insurance companies use to block or stall legitimate car accident claims. More importantly, Mr. Kehoe knows how to fight these tactics to get his clients paid as quick as possible and as fair as possible.

Car accident cases in Oregon can be complicated, especially when dealing with an insurance company who’s main goal to to save their company money. Having an experienced car accident attorney on your side can change everything when it comes to getting fair compensation for your accident. When it comes to car accident cases, what you as the injured doesn’t know can hurt your case. Beaverton Car Accident Attorney Matthew Kehoe helps his clients navigate the car accident claim confusion and claim what is rightfully theirs – fair compensation for their injuries.

Free Expert Consultation with an Car Accident Attorneypedestrian car accident lawyer portland oregon

All car accident injury consultations are free at The Law Offices of Matthew H. Kehoe. As an experienced and expert car accident attorney, Matthew Kehoe can help you understand your rights, educate you on your rights as a car accident victim, and most importantly get experience on your side. The Law Offices of Matthew H. Kehoe, works to protect the rights of our clients throughout the entire process of getting your claim settled.

Car Accident Injury Consultations with Mr. Kehoe are free of charge.

Beaverton Car Accident Attorney – What To Expect

Injury victims coming to The Law Offices of Matthew H. Kehoe meet with Mr. Kehoe personally. During this initial meeting, the process of investigating the circumstances surrounding your car accident begin. As an experienced and expert car accident attorney, Mr. Kehoe can answer all your questions regarding your car accident claim, and potential pitfalls to steer clear of.

Car Accident Cases taken on Contingent Fee Basis

The Law Offices of Matthew H. Kehoe handles car accident cases on a contingency fee basis, what this means to car accident victims is that they pay no legal fees unless their case is settled. Upon a favorable settlement, attorney fees are paid at a prior agreed percentage of the awarded amount. Car accident victims have nothing to lose, and much to be gained by having an experienced and expert car accident attorney on their side.

If You’ve Been Injured in a Car Accident

The Law Offices of Matthew H. Kehoe serves the entire State of Oregon, our law office is located in Hillsboro, near Beaverton Oregon, and depending on your location, we can come to you to conduct your free injury consultation. To learn your rights as a car accident victim and get expert help on your side, call The Law Offices of Matthew H. Kehoe today.

Oregon Dog Bite Attorney

Oregon Dog Bite Attorney

Dog attacks and bites often can cause extreme personal injury, disfigurement and mental anguish for the victims of these attacks.  A dog owner who knows that their dog is likely or has a history of attacking people, or knows the dog could cause injury to a person, has a responsibility to properly restrain the dog at all times.  However, all too often these dog owners fail to responsibly control their animals ending in devastating results.

Proving Liability in Dog Bite CasesOregon dog bite attorney

Oregon has outdated laws regarding dog bites, and is considered a “One Bite Rule” state.  In Oregon, the owner of a dog is strictly liable for injuries caused by a dog “only if” the dog’s owner knows or has reason to believe the dog is dangerous.  The problem with this outdated law is the wording “only if”.  What this means is if a dog bites someone visiting a home, and the dog had no previous history of biting anyone, the dog’s owner technically isn’t legally liable for the damages caused by the animal.  This makes it tough in many dog bite cases in Oregon, but an experienced Oregon dog bite attorney will explore exceptions to the “One Bite Rule”, a few of which are outlined below:

  • The dog’s owner was negligent in restraining or preventing the attack
  • The dog trespassed onto private property when the attack occurred
  • The owners actions caused the dog to bite and attack

In Oregon it can be difficult for an attorney to prove that a dog’s owner knew in advance that the dog was dangerous.  Oregon’s law is more severe for owners of dogs with a prior history of attacks, in these types of cases, a dog’s owner can be held liable even if they took precautions to prevent the dog from attacking someone.

Oregon Dog Bite AttorneyChoosing an Experienced Dog Bite Attorney in Oregon

Coming to a successful closure on a dog bite case in Oregon can be an uphill battle.  Unfortunately there is no specific precedent that an attorney can use to show that a dog’s owner had enough prior knowledge in advance of a dog bite or attack to hold the owner liable for injuries caused.  Typically these types of cases are handled as they occur and largely left to a jury to decide the outcome.

In dog bite cases, most people will need the help of an experienced dog bite attorney to recover full damages caused by the attack.  Understanding Oregon’s “One Bite Rule” and how to successfully argue the case even if the dog’s owner had no reason to believe was dangerous is paramount to proving liability and ultimately securing a favorable verdict.

Free Oregon Dog Bite Attorney Consultations

If you or a loved one has been bitten or attacked by a dog in Oregon, The Law Offices of Matthew H. Kehoe offers free legal consultations to answer questions you may have regarding your injury.

For over 20 years, The Law Offices of Matthew H. Kehoe has successfully litigated many dog bite and attack cases.  Get expert help on your side, call and schedule your free consultation today.

Recovering Injury Damages Pedestrian Cyclist & Auto Accidents

Automobile Accidents involving pedestrians and cyclists – Recovering Injury Damages

Automobile Accidents involving Pedestrians or Cyclistspedestrian car accident lawyer portland oregon

Determining who is at fault when a driver hits a pedestrian or bicyclist is the same as any other car accident injury case in the State of Oregon. For a driver to be held liable for an injury caused by his or her vehicle to a pedestrian, the injured must prove they were the victim of negligence on the part of the driver. In these cases it must be proven that the responsible party did not show due care in the operation of their vehicle, and that his or her negligence resulted in physical injury to the cyclist or pedestrian.

In these types of personal injury cases, most times the driver of the motor vehicle becomes the most obvious defendant. In Oregon, drivers are charged with operating their vehicles in a safe and reasonable manner for the conditions at hand. Many times the mere fact that the driver and his or her vehicle was involved in a collision with a pedestrian or cyclist is potentially evidence that the vehicle was not being operated in a safe manner. This evidence will often be supported by a physical injury to the pedestrian which will support the driver’s failure to safely operate their vehicle.

Portland Pedestrian – Cyclist and Vehicle AccidentsCyclist accident portland oregon

Portland is often considered a cyclist and pedestrian friendly city; this fact coupled with our readily available mass transit system unfortunately creates too many situations in which pedestrians and cyclists are injured due to inattentive driving.

There are several considerations to explore when trying to recoup damages caused by inattentive or reckless driving. Liability for injuries caused by inattentive drivers does not always stop with the driver. One example: in some cases, cities and counties can be held liable for injuries resulting from pedestrian / automobile accidents. If a city or county is aware of a dangerous intersection or stretch of road because of past automobile/pedestrian-cyclist accidents, and the city or county fails to modify that area to reduce risk to those that use it, they may have breached their duty to keep the public safe – and could be liable for damages because of that failure.

Experienced Personal Injury Attorney

When involved in an automobile – pedestrian / bicycle injury accident, it is important to have the assistance of an experienced, aggressive personal injury attorney to identify all potential parties that may have responsibility for the accident and to protect your rights. The Law Offices of Matthew H. Kehoe has served Portland Oregon area injury victims for over 20 years. We offer free consultations on personal injury cases and our experience in handling thousands of injury cases over the years gives you the opportunity to have all of your questions answered in a professional and straight forward manner.

If you or a loved one has been injured due to someone elses negligence, please call The Law Offices of Matthew H. Kehoe today to get our expert experience on your side.

 

Passenger Injury in Car Accidents – Oregon

Car Accident Injuries and Passenger Rights in Oregon

What if you’re a passenger in a vehicle, and your vehicle’s driver causes an accident with another driver?  Many people wonder who they can recoup damages from for injuries sustained during such an accident since you cannot legally sue the driver of the other vehicle since they were not at fault.  In instances such as this, the insurance company of the vehicle you were in may cover the costs of injuries, lost wages, pain and suffering and other damages.

Passengers in Oregon have the right to be compensated for injuries and damages sustained in accidents where they were not at fault.  Whether the passenger was in a car, truck, boat, or motorcycle, injured passengers have the right to pursue compensation from the insurance company of the vehicle operator and/or the right to recover damages directly from the operator of the vehicle.

As a passenger, what if the driver is a friend or family member?is it right to sue as a passenger in a car accident

Often times people will avoid trying to recover compensation for damages out of some sense of loyalty to their friends or family. In reality, the fact of the matter is that the injured party is not suing the friend or family member, but the insurance company that has been paid to insure the vehicle and its occupants. People often overlook the fact that insurance has been purchased to protect the assets of their friends or family, just like people purchase home insurance to protect from events such as a home fire.

What to do if you have been injured as a passenger in a vehicle?

Obviously the most important concern if you have been injured as a passenger in another person’s vehicle is to seek medical attention to assess the severity and extent of your injuries. If another vehicle was involved in the accident, make sure that the other driver’s information is recorded, as well as their vehicle and insurance information.

Using a cell phone with a camera or video capabilities is an excellent way to document the scene of an accident; you can read an earlier article on how to document the scene of a car accident using a cell phone.

Should you let your friend pay for your injuries out of pocket?

No. Anyone who has been around for awhile has heard of stories of letting people pay for damages caused in an accident out of pocket, rather than reporting the claim to the liable persons insurance company. The idea with this line of thinking is to allow the liable party to pay out of pocket for damages, thus keeping their insurance rates low.  More often than not these stories end negatively.  You may have injuries that take a long time to heal or require expensive medical imaging studies to determine the cause and no one wants to pay these out of pocket.  They also do not want to have to rely on a friend’s word to pay something that could run into the thousands of dollars.  This is what PIP or personal injury protection benefits are for.  PIP is the “no fault” medical coverage that all Oregon auto insurance policies must provide.

Oregon Law and reporting a Car Accident to DMV

In Oregon it is law that car accidents must be reported to the Oregon Department of Motor Vehicles if any of the following are true:

1)      Damage to the vehicle you were driving is over $1,500;

2)      Damage to any vehicle is over $1,500 and any vehicle is towed from the scene as a result of damages from this accident;

3)      Injury or death resulted from this accident; or

4)      Damages to any one person’s property other than a vehicle involved in this accident is over $1,500.

Taking a friend’s word that they will pay for your medical expenses, time lost from work and other damages is very risky. With the high costs of health care these days, lost wages stemming from the accident, time off work, and long term complications that may result from the accident, your friend may decide that they can’t pay in the future. Costs associated with even minor injuries can mount significantly over time, causing a great burden on all parties involved. Most times when you weigh the“perceived” rift of opening a claim with your friend’s insurance company versus the strain of asking them to cover your expenses over what could be months, or even years, the right decision is clear.

So, what should you do if you’ve been injured as a passenger?car accident settlement

If you or someone you know has been injured as a passenger in a vehicle, it is wise to contact an experienced personal injury attorney as soon as possible, especially if the driver of the vehicle you were in was at fault. The other driver’s insurance company and/or law firm will want to document the details of the accident quickly for their client. Securing a free consultation with an experienced attorney will let you know your rights up front, as well as recommended actions that should be taken to protect your rights and ensure that your needs are taken care of.

If an insurance adjuster contacts you before you have had a chance to meet with a qualified and experienced injury attorney, postpone giving a statement regarding the accident until you have met with a Personal Injury Attorney. Insurance adjusters will try and persuade you to give a statement quickly as they are trained to ask questions and get responses that will favor the insurance company. It is advisable to never give a statement, or answer any line of questioning from an insurance company without the knowledge or presence of your attorney.

Experienced Oregon Personal Injury Attorney

The Law Offices of Matthew H. Kehoe is experienced in dealing with insurance companies when it comes to injury cases.  For over 20 years, our firm has helped injury victims throughout Portland and all of Oregon. Our firm has proven that we have the experience and tenacity to aggressively pursue and obtain full compensation for injuries sustained by the fault of another.

We offer Free Consultations for injury cases, and all cases we accept are on a contingency fee basis, meaning we don’t get paid unless you win your case.

Call our office to set-up your Free Consultation today, and put our years of experience to work for you.

Personal Injury Attorneys: How to get a favorable settlement on your injury case

Personal Injury Claims and Settlementscar accident settlement

Injury settlements can be complicated by various factors.  As a result an of auto accident, it’s possible that you can receive money to pay for the medical expenditures, loss of income, pain and suffering and property damages by way of a personal injury settlement

The Personal Injury Attorneys at the Law Offices of Matthew H. Kehoe, LLC represent clients in Portland and throughout Oregon in lawsuits against insurance companies.  Personal injury law seeks to preserve the rights of people seriously injured, physically or otherwise, as a result of the fault of another.  Personal injury settlements are the funds paid to the injured party in a personal injury case.  Injury settlements are possible, but it helps to have an experience lawyer assist in obtaining the best possible result.

Personal Injury Compensation

Accidents happen for a reason.  Someone is texting or putting a new CD into the radio and they take their eyes off the road.  When a person behind the wheel of a 4,000 pound vehicle does this, they run the risk that their choice will harm someone.  And, if they harm someone through their negligence, then the injured party is entitled to compensation resulting from that personal injury.  If you’re in a car accident, most likely your car or truck won’t be the only thing injured.  You should not have to pay for the vehicle repairs if it’s not your fault.  If you are seriously injured in a motor vehicle accident a result of another motorist, you are entitled to have your car or truck repaired as well as your medical bills paid for by the other driver’s insurance company.  And, if that other driver does not have insurance, then you can make a claim against your own company under the “uninsured motorist” coverage.

Choosing a Personal Injury Attorney

In case you have been injured in an auto accident through no fault of your own, you will probably find yourself in a sea of personal injury attorneys with no idea who to hire to assist you. Choosing an attorney based on experience in personal injury related claims with a proven track record of obtaining maximum settlements for their clients means a lot.  You need someone who is experienced in fighting for their clients and standing up to the insurance companies.  You also want an attorney who has positive client testimonials backing up their claims in order to make the right decision and get the best assistance in your case.

When to retain a Personal Injury Attorney

There is nothing wrong with hiring an experience injury attorney shortly after a collision.  They can help you in making sure the medical bills are paid promptly, get the wage loss payments coming from your own insurance company if you are off for more than 14 consecutive days from work and relieve the stress of trying to fill our paperwork and navigate the process following a collision.  If you’ve been injured, contacting our Personal Injury Law Office can set the wheels in motion to getting your situation resolved, and getting the money you will need to cover your medical bills, lost wages and later, money for your pain and suffering.

distracted drivingInsurance Company Settlements in Personal Injury Cases

Insurance settlements that are paid to you are a way of resolving the claim without the need to go to the court. Insurance companies have formulas that they use to calculate the damages they are willing to pay for various injuries, including serious personal injuries sustained in automobile related accidents.  Insurance companies will never offer you what your claim is worth.  They will offer you what they think they can get your to take to close your claim.

As a general rule, insurance adjusters try to settle injury claims as soon as possible.  These adjusters will try to discount your case by saying you must not have been injured if you did not seek medical attention immediately.  A lot of people get injured and don’t feel really bad until the next day.  They wake up the morning after an accident and feel all the things that hurt whereas the day before when the adrenaline was rushing through them after the injury, they felt like it would be okay.  As experienced Personal Injury Attorneys, we know the ploys and games adjusters and insurance company attorneys use to discount the merits of your case, pressuring you as the victim to take a settlement that’s in their best interest and not yours.

Don’t play these games with the insurance company.  The Law Offices of Matthew H. Kehoe, LLC brings over 20 years’ of experience fighting for the rights of injured people against the insurance companies.  We have recovered millions of dollars in settlements and judgments for our clients, and have many client testimonials that speak to our professionalism, ethics and legal skills.

Call today for a Free Legal Review of your injury case.

Documenting the scene of a car accident

Using your cell phone to document the scene of a car accidentusing a cell phone to document a car accident scene

Using a cell phone to document the scene of a car accident can help a lot down the road when it comes to getting a car accident claim settled.

The first thing when involved in a car accident is to make sure everyone is okay.  If someone is injured, call 911 right away.  If you did not sustain an injury, most people start by asking questions like “How did this happen?” and “Who is at fault?”.  Car insurance companies will want to know the answers to these questions as well.  Using your smart phone to take pictures or video of the accident scene can help if one or both of the insurance companies claim that you are to blame for the car accident.  Documenting things like debris in the road, construction, bad weather, traffic signals and signs can help prove your case.

Even minor fender benders can become a real headache to resolve.  Damage claims can be compromised if the adjuster for the insurance company doesn’t take into account all damages or they don’t realize the full extent of the damage.  Taking pictures or video at the accident scene of your vehicle, as well as other vehicles involved, helps protect you during the claim process.

Exchanging information at a car accident scene

information exchange at the scene of a car accidentThe exchange of information at the collision scene is the first and most important step to getting your car accident claim off to the right start.  Taking a picture of the other driver(s) licenses ensures that valuable information is not forgotten or written down wrong at a stressful time.  Many of today’s smart phones have voice recorders.  Taking the time to record the facts of the accident, license plate numbers, location of accident, how the accident happened and what the end result was can assist in remembering valuable information that later may be forgotten.

Using your cell phone at the scene of a car accident can save you from troubles down the road.  Preserving the facts of the accident, those involved, witnesses and damages will help when talking to insurance companies, and ultimately getting your car accident claim resolved in a positive manner whether it’s by settlement or if you end up going to trial on your claim.

Our office provides free legal consultations to car accident injury victims.

Car Accident Settlements

How an Experienced Automobile Accident Attorney helps fight the insurance picture of a medical billcompany

A person who has been injured in an automobile accident that was caused by another driver’s negligence may be frustrated from dealing with the insurance companies. The insurance carrier for the driver at fault may deny their insured’s liability for the automobile accident. This makes it harder to obtain a fair insurance settlement, and often can drag the process of a car accident settlement out for months and even years. An experienced automobile accident attorney can help solve these and more issues stemming from an accident that was caused by another person.

An injured person who hires an attorney after an automobile accident receives immediate assistance. Often the attorney will refer the injured client to a qualified physician who will direct all of that person’s medical care. Instead of battling with the insurance companies for medical coverage or paying out of pocket, the injured person’s medical bills are held until after either a favorable insurance settlement is reached or until a winning trial verdict.

No fees unless your Car Accident claim is settled

Most automobile accident attorney’s don’t charge up-front attorney’s fees, either. These fees are paid if, and only if, the case settles prior to trial or after receiving a winning verdict at trial. So, just as with the medical costs, the client doesn’t have to worry about paying for his or her attorney out of pocket. The only thing that the injured person needs to do is attend all medical appointments and focus on healing from the injuries caused by the collision.

While the client is healing, the lawyer is collecting all of the information and investigating the accident. The injured person no longer has to deal with the insurance companies and their attorneys. This is the job of the automobile accident attorney. When the client is physically stable again, the attorney begins negotiating with the insurance company or their attorneys for an equitable settlement for the injuries caused by the automobile accident. This settlement will include monetary compensation for all medical care, pain and suffering, time lost from work and any other expenses resulting from the accident.

A qualified auto accident attorney will negotiate with the insurance company attorneys to reach a fair and equitable settlement figure. If a settlement is not reached prior to the date of trial, the injured person’s attorney will try the case in front of a jury. Then it is up to the jury to determine what the appropriate amount of compensation is for the injured person.  If the plaintiff’s attorney proves the case to the satisfaction of the jury, then the plaintiff will be awarded the amount determined by the jury to be fair compensation for the injured person’s injuries and other damages.

Experience counts in Car Accident settlements

When involved in an automobile accident, it is extremely important to hire a qualified and experienced attorney who specializes in injury related cases, and more importantly has extensive experience and a proven track record in reaching favorable settlements with insurance companies.

Who has the right to bring a Wrongful Death Claim in Oregon?

Who has the right to bring a Wrongful Death Claim statue of grieving woman

A wrongful death attorney can be consulted when car accidents result in fatalities. A wrongful death claim is designed to seek monetary compensation for those who are reliant on the person who is deceased. When people ask, “Who has the right to bring a wrongful death claim?” the conditions vary depending on the relationship of the individual filing the claim to the deceased individual.

Wrongful Death Claims in Oregon

Actions for wrongful death in Oregon are authorized by the Oregon Revised Statutes (ORS) 30.010-30.100.  A Personal Representative must be appointed to bring the claim for the spouse, children, stepchildren, parents or other heirs under ORS 30.020(1).

In Oregon, the Personal Administrator of the estate belonging to the decedent has the right to pursue a wrongful death claim. If the person left a will naming someone to be the Personal Representative, then that is the person who will generally be appointed by the court, assuming that he or she qualifies to perform that role for the estate and can initiate a wrongful death suit.   If the estate is opened just to pursue a wrongful death claim, then it is not a lengthy probate, but a more abbreviated process.  There is also a statutory process for distributing the proceeds from a wrongful death claim and if the heirs can agree, then the court will generally accept that process.  In the event of a dispute, the matter is determined by the court.

Wrongful DeathWho can file a Wrongful Death Claim?

The spouse can be “technically” married with a pending divorce and still have the right to pursue a wrongful death claim. An estranged spouse may be able to file a claim in some cases, and these cases are evaluated on an individual basis. The spouse is usually viewed as being the highest ranked individual in the line of parties to receive the proceeds from a wrongful death claim.

Parents of the deceased can work with a wrongful death attorney to pursue a claim. If there are no minors in the picture, a claim can be filed by either of the surviving parents.

Siblings are permitted to file a claim if there is no surviving spouse and there are no other children able to file. It is important to note that some states do not recognize siblings as having the capacity to initiate a claim. This is the case even though there may be no other surviving members of the deceased party who are able to file the claim.

When someone dies in a car accident, wrongful death lawyers help individuals with questions about who has the right to bring a wrongful death claim.

Distracted Drivers and Motorcycle Accidents

Motorcycle Accidents Caused By Distracted DriversDon't Text and Drive

Being distracted while driving is a leading cause of accidents. If the accident involves a motorcycle, it can easily become serious or even fatal; many motorcyclists and their families each year are entitled to compensation for motorcycle accidents caused by distracted drivers. If you’ve recently been in a motorcycle accident, you should contact a motorcycle accident attorney immediately to find out if you are eligible for compensation.

What Are Distracted Drivers?

Drivers can become distracted in several ways while driving. It’s common for drivers to be looking at their phones instead of at the road, which is why many states have banned texting or talking on the phone while driving. Drivers can also become distracted by their radios, by interesting scenery on the side of the road, or even by road accidents. Finally, drivers can get distracted by their own impatience or by things they are thinking about while they are driving.

Many Oregon motorcycle accidents each year are caused by driver distraction. If you believe the driver was distracted during your accident, you should contact a motorcycle accident attorney. Some types of distraction are easier to prove than others; if the driver was on the phone or texting, your motorcycle accident attorney will have an easier time proving that you are entitled to compensation for the accident.

How Distracted Driving Causes Motorcycle Accidents

Distracted driving is especially dangerous to motorcyclists because motorcycles are generally smaller and harder to see than cars. Even if a driver is distracted, he or she will often become aware of a stopped car at the last moment because the car’s large size attracts the driver’s focus. Unfortunately, this is often not the case with motorcycles, and drivers may not stop in time to avoid hitting them. Many Oregon motorcycle accidents also occur when distracted drivers swerve to avoid hitting a stopped car. If a distracted driver hits another car, the car can then be forced into the motorcycle’s path. These common Oregon motorcycle accidents can lead to serious injury.

Seriousness of Distracted Driving Accidents

Many Oregon motorcycle accidents are serious or fatal. Motorcyclists are less protected during an impact than people driving cars because motorcycles are not enclosed like cars are. In addition, cars are usually bigger than motorcycles, so the impact is likely to send the motorcyclist flying into the air.

Legal Fault and Distracted DrivingMotorcycle Accident Attorney

If a distracted driver gets involved in an Oregon motorcycle accident, the motorcyclist is only entitled to compensation for his or her injuries if the distracted driver was at fault for the accident. In many cases, the distracted driver is at fault–if he or she had been paying attention to the road, the accident would not have occurred. However, in some cases the distracted driver might not be completely at fault. For example, if the motorcyclist made a turn directly into the driver’s path of motion and the distracted driver didn’t see the motorcyclist in time to stop, the driver might not be completely at fault. Your motorcycle accident attorney can tell you whether you are likely to be considered at fault for the accident and how that may affect your case.

 

Bicycle and Automobile Accidents: Who’s at Fault?

Bicycle and Auto AccidentsCyclist

Each year there are over a million accidents involving bicycles. If the accident involves an automobile, bicycle accidents can sometimes result in very serious or fatal injuries. Lawsuits filed to recover damages for injuries often involve the same issues as auto accidents. A bicycle accident attorney can help to define who has been negligent in the accident. Conversely, automobile drivers are sometimes the victim of the negligence of a cyclist. A car accident attorney can help to define negligence for drivers who are either injured or sued because of an accident involving a cyclist. It is imperative to seek legal representation in Portland Oregon for these serious legal issues.

Bicyclists and drivers should obey traffic laws. These laws include the duty to exercise reasonable care with regards to the safety of others. Lawsuits involving bicycles are governed by Oregon state law, and are often informed by both state and local traffic laws.

Automobile Driver Negligence

Driver negligence or recklessness can take several forms. Speeding, failing to observe a stop sign and drifting into bike lanes all constitute negligence or recklessness of a driver. Lawsuits that allege negligence by others must prove that the accused acted in a way that violated state and/or local roadway laws.

Accident lawsuits filed to recover damages in Portland Oregon often come down to the specific facts of each individual case. A car accident attorney will be needed to represent drivers in discovery of the facts surrounding the accident. If a driver was cited for violations, it becomes even more imperative to seek legal counsel in the matter.

Cyclist Negligence

If a cyclist is at fault for causing injuries in an accident, the outcome of the case will be determined by the ability to prove negligence by the cyclist. Some examples of cyclist negligence are riding the bicycle the wrong way or on a one-way street, disregarding a stop sign and turning into oncoming traffic.

The negligence of a cyclist is called contributory negligence. This means that the cyclist is either wholly or partly responsible for the accident. It is advisable for cyclists to hire a bicycle accident attorney because cyclists can and will be held liable for damages to the driver.

When accidents involve child cyclists, courts will generally hold drivers to much higher standards.

The High Stakes

Since accidents involving both automobiles and bicycles most often involve very serious injuries, the financial stakes can be high. These accidents boil down to the issue of proving negligence in a court of law by either the driver or the cyclist. Contrary to popular belief, cyclists who are not wearing a helmet during an accident does not count as negligence. Under Oregon law, bicycle riders deserve the same protection as drivers have.

In essence, both drivers and bicyclists can be held negligent in an accident and sued for costly damages in court. If either are sued or wish to file suit against another, they must seek legal representation from either a car accident attorney or a bicycle accident attorney in Portland Oregon. Some issues involving accidents can be settled out of court, and a good accident attorney can help to negotiate the highest compensation possible for accident victims.