OREGON TORT LAW BASICS

OREGON BASICS OF LIABILITY AND TORT IN PERSONAL INJURY CLAIMS

Auto v. Auto
A driver must not drive at a speed greater than is reasonable and prudent under the circumstances. Oregon’s Vehicle Code prescribes the duties of a driver: If a driver fails to comply with a statutory duty, the violation may be used to establish statutory negligence, or “negligence per se.” (Exceptions in some circumstances if conduct is ‘reasonable.’) Traffic Citations are not evidence of negligence. Seatbelt Defense: Failure of the claimant to wear a seatbelt mitigates damages up to 5%.

Auto v. Pedestrian
Vehicle drivers must yield to pedestrians if: A pedestrian is within a marked or unmarked crosswalk where there are no traffic control devices; or
A pedestrian is traveling on a sidewalk; or A pedestrian is proceeding in accordance with pedestrian control signals or in accordance with any traffic control device. Pedestrians must yield to vehicles and may not: Suddenly leave a curb or other place of safety and move into the path of a vehicle that is so close as to constitute an immediate hazard; or cross a roadway at any point other than within a marked crosswalk or unmarked crosswalk at an intersection.

Auto v. Animal
The driver of a vehicle must: Yield to the right of way to livestock being driven on a highway; Use caution when approaching or passing a person riding, leading, or herding livestock; and Stop if a person riding or leading livestock upon a highway gives a distress signal. If requested, a driver must turn off the
engine until the livestock is controlled. An owner may be liable for allowing livestock to run at large in a “closed range” area or within certain designated highways. An owner of livestock may not be liable for allowing livestock to run in “open range” areas.

Motorcycles and Bicycles
Bicyclists under the age of 16, motorcyclists, their passengers, and moped drivers must wear protective headgear. Failure of a bicyclist to wear a helmet is inadmissible to reduce damages or constitute a defense in an action for the bicyclist’s damages. Failure of a moped or motorcycle operator to wear a helmet may be used as evidence to reduce damages, because no statute provides otherwise.

Dog Bites
Oregon Law requires notice of the dog’s vicious propensity. Once the owner has notice, there is strict liability.

You are invited to contact Joe Durkee today for a free consultation-
Phone 971.998.6790
E-mail kjdurkee@yahoo.com

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DISCLAIMER
Oregon Personal Injury Lawyer / Attorney Web sites, including this one, provide general information but do not provide Oregon Personal Injury Attorney / Lawyer legal advice.  Consult an experienced Oregon Personal Injury lawyer / attorney who handles car collision injury,injury, bike collision injury, bicycle collision injury for Oregon Personal Injury advice about specific Oregon personal injury claims or Oregon personal injury cases.  Remember that virtually all Oregon personal injury, car injury, motorcycle injury, bike injury, bicycle injury, wrongful death and premises injury claims and lawsuits are time sensitive.  So, don't delay in seeking Oregon Personal Injury Lawyer / Attorney advice by a qualified Oregon Personal Injury Lawyer / Attorney in Oregon.  Oregon Personal Injury attorneys / lawyers are governed by the Oregon Code of Professional Responsibility.  If you have been been injured in an automobile, auto, car, bike, bicycle, motorcycle, moped, bicycle or truck related collision causing injury, consider Oregon lawyer / attorney Joe Durkee.  This web site may be considered an advertisement for services under the Oregon Code of Professional Responsibility.  Mr. Durkee is an Oregon Personal Injury attorney / lawyer handling car collision, auto collision, automobile collision, motorcycle collision, moped collision, bike and bicycle collisions in Oregon land does not seek cases outside of the State of Oregon.

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A
Adams, Adel, Adrian, Agness, Albany, Allegany, Aloha, Alsea, Alvadore, Amity, Antelope, Applegate, Arch Cape, Arlington, Arock, Ashland, Ashwood, Astoria, Astoria, Athena, Aumsville, Aurora, Azalea 
B
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C
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E
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F
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G
Gales Creek, Gardiner, Garibaldi, Gaston, Gates, Gearhart, Gervais, Gilchrist, Gladstone, Glendale, Gleneden Beach, Glide, Gold Beach, Gold Beach, Gold Hill, Government Camp, Grand Ronde, Grants Pass, Grass Valley, Gresham
H
Haines, Halfway , Halsey, Hammond, Happy Valley, Harbor, Harper, Harrisburg, Hebo, Helix, Heppner, Hereford, Hermiston, Hillsboro, Hines, Hood River, Hubbard, Huntington,
I
Idanha, Idleyld Park, Imbler, Imnaha, Independence, Ione, Ironside, Irrigon
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M
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N
Nehalem, Neotsu, Neskowin, Netarts, New Pine Creek, Newberg, Newport, Newport, North Bend, North Plains, North Powder, Norway, Noti, Nyssa
O
Oak Grove, Oakland, Oakridge, O'Brien, Oceanside, Odell, Ontario, Ophir, Oregon City, Oretech, Otis, Otter Rock, Oxbow
P
Pacific City,  Paisley, Paulina, Pendleton, Philomath, Phoenix, Pilot Rock, Pistol River, Pleasant Hill, Plush, Port Astoria, Port Orford, Portland, Post, Powell Butte, Powers, Prairie City, Princeton, Prineville, Prospect
R
Rainier, Redmond, Reedsport, Remote, Rhododendron, Richland, Rickreall, Riddle, Riley, Ritter, Riverside, Rockaway Beach, Rockaway Beach, Rogue River, Rose Lodge, Roseburg, Rowena, Rufus
S
Saginaw, Saint Benedict, Saint Helens, Saint Paul, Salem, Salem, Salem, Sandy, Sauvie's Island, Scappoose,  Scholls, Scio, Scotts Mills, Scottsburg, Seal Rock, Seaside, Seaside, Selma, Seneca, Shady Cove, Shaniko, Shedd, Sheridan, Sherwood, Siletz, Silver Lake, Silverton, Sisters, Sixes, South Beach, Sprague River, Spray, Springfield, Stanfield, Stayton, Sublimity, Summer Lake, Summerville, Sumpter, Sunriver, Sutherlin, Sweet Home, Swisshome
T
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U
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V
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Y
Yachats, Yamhill, Yoncalla

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