Author Archives: Jay Butchko
Determining Fault in a Multi-Car Pileup
The classic car accident case involves only two vehicles. The case turns on determining which driver is at fault for the crash. Fault might be shared, but if it is, then fault is divided only between two people. Multi-vehicle pileups present many complicated factual and legal issues. These are collisions involving more than two… Read More »
Why People Delay Filing a Wrongful Death Claim
Oregon wrongful death claims provide a vital way for surviving family members to seek compensation and justice after the tragic death of a loved one. Generally, state law sets a three-year deadline to file a lawsuit, with the clock beginning to run on the date the deceased suffered a final injury. Unfortunately, some people… Read More »
Does an Insurance Company Have a Duty to Settle an Oregon Construction Accident Lawsuit?
Construction accidents can be caused by third parties not directly related to the underlying construction activities. For example, if a crew is working on a highway where traffic is still active around the job site, there is always the risk of a car or commercial truck hitting a worker. While Oregon workers’ compensation will… Read More »
What Does the “Van Den Bron Test” Mean for My Oregon Slip-and-Fall Claim?
Many Portland residents sustain serious injuries in slip and fall accidents while shopping at stores. In some cases, the store’s owner may be liable for such injuries. But Oregon law requires the injured customer to prove that the store knew or should have known about the slipping hazard beforehand. Proving a Store Owner’s Knowledge… Read More »
Frequently Asked Questions About Personal Injury Protection (PIP) Benefits for Oregon Car Accidents
If you own and drive a car in the Portland, Oregon, area, then you know state law requires you to carry a minimum amount of auto insurance. This includes not only minimum liability coverage in the event you cause an accident but also personal injury protection (PIP) coverage, which can pay benefits to you… Read More »
Why Negligence Is Not Enough to Prove Damages in aa Portland Personal Injury Claim
You might think that just because you can prove someone caused your car accident, that is all you need to demand compensation. Proving negligence, however, is just the first step. Indeed, even in cases where a defendant admits they were negligent in causing a car accident, the plaintiff still needs to connect the defendant’s… Read More »
When Is a “Sudden Medical Emergency” a Defense to an Oregon Personal Injury Lawsuit?
Personal injury claims are based on the legal concept of negligence. For instance, in the context of a car accident, the plaintiff must prove that the defendant was negligent in their failure to safely operate their vehicle as a reasonable person would under the circumstances. So if the defendant, say, suddenly changed lanes without… Read More »
Can You Sue the Parents of a Teen Driver Who Caused Your Oregon Car Accident?
If you are injured in a car accident caused by a negligent driver, Oregon law allows you to file a personal injury claim to recover your losses. But suppose your accident was caused by a reckless teenage driver operating their parents’ car. Could you sue the parents for causing your accident? The answer to… Read More »
How Long Do I Have to File an Oregon Personal Injury Lawsuit Against a Non-Resident of Oregon?
Time is often not on your side when it comes to personal injury claims in Oregon. The general rule is that you have two years from the date of your injury to file and serve a lawsuit on the defendant; i.e., the person whom you alleged caused your injury. This statute of limitations is… Read More »
Frequently Asked Questions About Pedestrian Accident Compensation in Oregon
Portland has some of the strongest legal protections for pedestrians in the country. Of course, that does not mean the roads are necessarily safe for people who choose to walk rather than travel by car, bicycle, or motorcycle. Sadly, we represent many pedestrian accident victims who suffer serious and sometimes fatal injuries while attempting… Read More »