Oregon Personal Injury Blog - motor vehicle accidents - Most Commented

Liability and The Rear End Auto Accident Collision

Staff Writer — Tue, 27 Dec 2005 17:36:02 GMT

Most people have heard that rear-end collision type auto accidents are the fault of the driver who hits the person in front of them. In almost every case that is true. But why?

The general rule of the common law forbids creating unreasonable risks of harm to others, which is Oregon's formulation of negligence law. In most automobile collision cases, the specifications of negligence include lookout, speed, and control. The duty of lookout requires Oregon drivers to keep a reasonable lookout for other drivers, motorcyclists, bicyclists, pedestrians, and people in wheelchairs. If a driver looks but fails to see something which is plainly visible, the Oregon rule is that the driver is still liable in negligence.

The duty of speed requires that the driver drive the speed limit or the speed which is reasonable for the conditions, whichever is less. The speed limit is either the posted speed or depends on the classification of the roadway and neighborhood. Whether a speed is reasonable for the conditions depends on a number of listed factors, but can also include others. The duty of control requires a driver to maintain reasonable control over the vehicle.

In a rear-end collision case, the most common failure is lookout--the offending driver was not looking where he or she was going because they were looking away from the road. A bit less common is the stop in traffic, in which case it is a combination of lookout, speed, and control, and may involve the statutory offense of following too closely. In most non-intentional car collision cases, liabiility will boil down to questions of lookout, speed, and control. It is a very rare case which is a true "accident" where none of the drivers is at fault.

Originally posted at InjuryBoard by Staff Writer

Oregon Auto Insurance Policies

Staff Writer — Fri, 16 Dec 2005 10:45:52 GMT

Oregon's Financial Responsibility Law requires that all automobile insurance policies have certain provisions. They fall into three parts: (1) liability, (2) uninsured/ underinsured motorist, and (3) personal injury protection.

Liability policies pay for the consequences of the insured's negligence. Basic driving errors like failures of lookout, speed, and control, and failure to obey traffic control devices are common examples. Certain other people are covered as well, like permissive users of the insured vehicle, and the Family Purpose Doctrine may also extend coverage to the insured's family members. The liability policy will pay up to the limits of liability for bodily injury and/ or property damage unless the insurer's conduct meets the Oregon standards for bad faith insurer conduct.

Uninsured (UM) and Underinsured (UIM) coverages are also required. They cover you for the consequences of an uninsured or underinsured motorist's negligence. This includes a hit-and-run accident and includes most "phantom vehicle" accidents where there is no contact between the two vehicles. UM/UIM is a first party claim, which means you make the claim against your own insurance company, rather than a liability claim, which is a third party claim, where you make the claim against another driver's policy. Whether a driver is underinsured with respect to you may be in a state of flux after a recent Oregon Court of Appeals case which says that you look to your damages to determine if the other driver is underinsured, rather than to your policy limits.

Both liability and UM/UIM coverages will pay for economic damages like medical expenses, earnings and wage losses, and property damage, and both will pay for non-economic damages like pain and suffering and impairment and inconvenience to your normal and usual activities. Both also require a showing of fault on the part of a driver.

Personal Injury Protection (PIP), however, is a no-fault policy and covers you for your medical expenses, portions of your wage losses, and several other smaller benefits. The only requirement is that you were in an accident and the losses are covered. You do not need to show that anybody was at fault. PIP is also a first party coverage, which means you will make the claim against your own insurer, and they usually get repaid by the liability insurer at the end of the case if the other driver is at fault for the accident.

Originally posted at InjuryBoard by Staff Writer

Two Teens Die in Oregon Car Accident

Jenny Albano — Sun, 30 Mar 2008 12:33:51 GMT

Two teenagers from Roseburg, Oregon died on Friday, March 28 after the car they were riding in swerved off the road, hit an electrical pole, hit a tree, and then flipped over. The 15-year-old driver, Jacob Gonzales, of the 1995 Toyota Camry is in serious condition after the car accident and another passenger was already treated and released from the hospital.

Gonzales failed to negotiate a corner and the vehicle left the road near Goedeck Avenue. The driver's side of the vehicle swiped an electrical pole and then spun around and hit a fir tree. The vehicle knocked the tree down and the car flipped upside down.

Both Rachel Merrell, 17, and Anthony Nickels, 15, both of Roseburg, were pronounced dead on the scene and Gonzales was flown to Legacy Emanuel Hospital & Health Center, where he was listed in serious condition Saturday afternoon. Sarah Sitton, 16, of Sutherlin, was treated at Mercy Medical Center where she has been released.

The electrical pole damage caused local homes to lose power until workers were able to replace the pole.

Originally posted at InjuryBoard by Jenny Albano

Car and Train Collide Because of Text-Messaging Driver

Jenny Albano — Thu, 18 Oct 2007 14:14:10 GMT

An Oregon man crashed into a freight train on Tuesday, October 16 at around 2 a.m. The driver, Robert Gillespie, and the crew on-board the train were not seriously injured.

Gillespie told rescue workers that he was using his cell phone to send a text message while they were trying to release him from the demolished vehicle. He has been charged with drunken driving and careless driving. It is also believed that Gillespie was driving over the 35mph speed limit at the time of the accident.

Gillespie stated that once he looked up after completing his text message he finally saw the freight train. Apparently he tried to slam on the brakes at the last minute, but it was too late.

Text messaging or using cell phones while driving is very dangerous, and can cause the driver to not concentrate on the road. This accident is just another example of how distracting cell phone use while driving really is.

For more information on this subject, please refer to our section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Jenny Albano

Deputy Injured in Rollover Accident

Christina Cole — Sat, 17 Mar 2007 16:45:44 GMT

A Polk County Sheriff's Deputy was involved in a car accident today that left him with minor injuries when his patrol car tried to avoid another vehicle and ended up rolling into a field several times.

The Deputy was taken to Salem Memorial Hospital where he was treated and released. He was traveling north on U.S.99 with his lights flashing and siren on, pursuing a vehicle many miles ahead that was cutting across the center line.

Drivers pulled off to the right side of the road so the deputy could pass, when one car hit its brakes pulling the patrol car into the path, said the sheriff's office. The deputy swerved to avoid being hit and in the process lost control of his car and landed in a field after rolling over several times.

The patrol car was totaled but the good news is the deputy is fine. The accident is still being investigated by Oregon State Police.

Originally posted at InjuryBoard by Christina Cole

Man Crashes into Tree, Charged with DUI

Christina Cole — Tue, 13 Mar 2007 16:35:29 GMT

Oregon State Police is charging a Depoe Bay man with driving under the influence after he crashed his car into a tree on Highway 18, just west of Grand Ronde.

The 54-year-old man suffered minor injuries when his car veered off the eastbound shoulder of the road and crashed into a tree. The accident happened on Sunday at 3:18p.m.

Witnesses saw the driver of the car was driving erratically prior to the crash and tried to help. The driver asked for a ride to try and avoid the Police being called. When none of the witnesses agreed, the man walked off, said police.

When troopers arrived on the scene, the man could not be found. A little over an hour later, troopers found him hiding in a ditch under some bushes. His injuries were treated at North Lincoln Hospital and he was then transported to Good Samaritan Regional Medical Center.

Police are charging him with felony driving while under the influence, reckless driving, two counts of reckless endangerment and driving while his license was suspended on top of having no auto insurance.

Originally posted at InjuryBoard by Christina Cole

University of Oregon Student Dies in Hit-and-Run

Christina Cole — Tue, 06 Mar 2007 12:16:17 GMT

A University of Oregon student struck by a hit-and-run driver near campus has died from injuries sustained in the accident.

The accident occurred Sunday morning. He suffered from severe head injuries and a broken leg. On Monday he died at Sacred Heart Medical Center.

Witnesses tell officials a dark Cadillac sedan was seen leaving the scene of the accident. Police found the car late Sunday and it had damages consistent with the crash. Investigators spoke with two people in association with the car, but no one has been charged.

Originally posted at InjuryBoard by Christina Cole

Man Dies after Crashing into Farm Vehicle

Christina Cole — Thu, 01 Mar 2007 22:57:14 GMT

A man died after the car he was driving smashed into the back of a farm truck on Highway 6. The man died from the severe injuries sustained during the car accident.

The man was traveling west on Highway 6, at approximately 6:45am when the accident happened, Oregon State Police say.

The Toyota 2-door car crashed into the back of a westbound Oregon Road Runner hay squeeze (a farm implement.) He told police he was going 40-45 mph when the car hit his vehicle - he was uninjured.

He was transported to Tillamook County General and then transported to Legacy Emanuel in Portland where he later died from his extensive injuries.

The crash is still under investigation with the help of a crash Reconstructionist. OSP reports that speeding and alcohol consumption by the driver that was killed, appear to be contributing factors.

Originally posted at InjuryBoard by Christina Cole

Woman Struck by Police Car

Christina Cole — Mon, 19 Feb 2007 19:34:57 GMT

A woman is in critical condition at OHSU Hospital after she was hit by a Beaverton police officer's patrol car on his way to help another fellow officer.

Police are yet to release the name of the officer that has been put on paid administrative leave pending an investigation by the Washington County Crash Analysis Reconstruction Team.

The woman was walking with her brother across Tualatin Valley Highway at 11:15 on Friday when the car accident occured and the patrol car hit her. The officer and the woman's brother were both uninjured.

At the time of the accident, the officer, did not have his emergency lights or siren on, said a Beaverton police spokesman. In general, officers do not use lights and sirens when going to cover another officer or for a routine stop.

Police called in the multiagency crash reconstruction unit because the accident involved a law enforcement officer and a serious injury. It could be a few days before the unit completes its investigation.
"These are not your standard traffic investigations. These are highly intricate, detailed investigations," Wandell said.
The investigation will determine if any traffic or criminal violations occurred, he said.

Originally posted at InjuryBoard by Christina Cole

2 Portland Women Die in Car Wreck

Christina Cole — Tue, 13 Feb 2007 22:37:46 GMT

Two Portland women were killed and a third injured on Sunday when their vehicle was hit by a car that was traveling the wrong way on Interstate 5.

According to Oregon State Police, the women were members of the Eugene Symphony and were on their way home from rehearsal.

The driver of the car going the wrong way on the interstate has been arrested on manslaughter charges and is currently being held in Linn County Jail.

Sunday night, at 11pm, troopers received a report of a driver going the wrong way on the interstate and minutes later a report of a collision.

Troopers are still investigating the accident. This is the second double-fatal collision this month in Linn County.

Originally posted at InjuryBoard by Christina Cole