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highway 217 car accident flyover ramp attorney beaverton oregon

Highway 217 Flyover Ramp Tort Claims

HWY 217 Accidents – Flyover Ramp & Tort Claims

Over the last 6 months, there have been dozens of car accidents on the Highway 217 flyover ramp where I-5 meets Highway 217 in Tigard, Oregon. The flyover ramp was constructed in 2001 and since then the expansion joint on the ramp has developed a gap that is approximately one inch wide. The gap in the expansion joint has caused numerous drivers to spinout and crash on the ramp. Experts speculate that the soil beneath the ramp could be partially to blame for the growing gap; however, this has yet to be proven. Officials from the Oregon Department of Transportation (ODOT) maintain that the Highway 217 expansion joint is within safety regulations and the high number of car accidents are due to drivers exceeding the designated speed limit. Motorists counter that the car accidents are instead a result of rain, which makes the flyover ramp increasingly slick and dangerous, and not irresponsible driving.

Tort claims filed against State of Oregon and Oregon Department of Transportation

Multiple car accident victims have filed tort claims against the State of Oregon and ODOT claiming negligence as they are seeking restitution for damages associated with the accidents, including for medical bills and car repair bills. If you have been a victim of the flyover ramp on Highway 217, it may be in your best interest to file a tort claim. Torts are essentially civil wrong doings and tort claims must be filed against the governmental entity within 180 days of the incident in order to preserve the right to file suit within the two year statute of limitations if you are unable to resolve your claim. These are negligence claims alleging that ODOT and the State have been negligent in the design, construction and maintenance of the 217 ramp.

Car accidents on HWY 217

There have been recent reports in the news of an ODOT official who expressed concern over the quality and stability of the ramp’s structure shortly after its completion. Furthermore, the company responsible for the construction of the flyover bridge has also been accused of finishing the bridge before the scheduled completion date, implying corners were cut, to receive a payment incentive from ODOT.

As a result of the dozens of car accidents on the Highway 217 flyover ramp, ODOT has installed large electronic warning signs to warn drivers to slow down as they go over the flyover ramp. This, however, does not compensate or address the victims of the car accidents; nor does it recognize the extreme damage and problems that result from the car accidents caused by the bad flyover joints. Automobile accidents are known to result in death, physical and emotional trauma, as well as expensive medical bills, missed work, stress and multiple other negative consequences. Victims of the Highway 217 flyover ramp are encouraged to consult a qualified Personal Injury Lawyer to discuss a possible tort claim and their legal options.

Auto Insurance Independent Medical Exams

Independent Medical Examsindependent medical exams auto insurance

Those who think our system is out of control should really look no further than the insurance company efforts to shaft their own insureds. It is common practice now for certain auto insurance companies to send their own insureds for “independent medical exams” after they have been hurt in auto crashes in order to cut off their treatment. Read more

The McDonalds Coffee story

The McDonalds Coffee personal injury storyhot coffee spill personal injury story

In February 1992, Stella Liebeck ordered an 8-ounce cup of McDonald’s coffee that spilled and gave her 3rd degree burns on the private areas of her body.

Everyone thinks that Ms. Liebeck ended up a millionaire. Well, that’s not true. She suffered third degree burns, skin grafts and horrible pain. After the appeals by McDonalds and all was said and done, she probably ended up with less than 500,000 dollars for her injuries. Who wants to burn themselves in the groin and then have skin grafts to fix it? I would suggest that McDonalds knew what the cost was to litigate these claims and elected to keep their coffee at an unreasonably hot temperature. McDonalds served its coffee at about 190 degrees which was about 30 degrees hotter than other coffee sellers and they had numerous other burn cases so they knew this was a problem. They paid a small price for the personal injury and suffering endured by Ms. Liebeck who was 79 years old at the time.

The real cost associated with a personal injury trial

Needless to say, the McDonald’s coffee case stands as the example people cling to when they want to make claims about the jury system being out of control. Quite to the contrary, the system is not out of control. Most of the cases that pass through the jury system are motor vehicle collision cases that result in modest verdicts from people who are unaware of what it costs to bring a case to trial. It’s not cheap. To try a case to a jury today can cost the plaintiff 5,000 to 10,000 dollars to bring in the doctors who testify for a fee as they have to be away from their practice, the witnesses who need to be served subpoenas and then the trial court charges 250 dollars a day to have a jury trial. You can bet that trying the McDonald’s coffee case to a jury and the subsequent appeals cost a lot of money. A valiant plaintiff’s lawyer took up that cause since you know that Ms. Liebeck didn’t have the 100,000 dollars to bring that case to trial and then fight McDonalds on appeal.

 

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.

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.