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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.

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.

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.