A Dwyer Williams Cherkoss client was a passenger in a vehicle being driven by a friend. Another motorist, traveling from the opposite direction, veered into their lane of travel, causing a head on collision. Our client was seriously injured and was transported to a local hospital. The other motorists initially claimed that the accident was … Read More
Injured Tries to Settle Own Case, Laughed at By Insurance Adjuster
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