The post What is my car accident case worth? appeared first on SLP Law.
]]>Though there is no predetermined answer, the attorneys at Swanson, Lathen, Prestwich, PC will work hard at getting you the most money possible for any damages. It’s best to meet with a car accident attorney to determine how much your case is worth. In the meantime, here are a few factors that determine the value of your car accident case.
When calculating the value of potential car accident compensation, the following factors are considered, among others:
Remember that you’ll need to prove and demonstrate that you have compensable losses to insurance companies. Medical records, pay stubs, hospital bills, letters from doctors and employers, vehicle repair estimates, expert opinions, and any other potential evidence will be needed to establish the value of your case. All the pertinent information is also necessary should your case go to trial.
To receive money for what your case is worth, you’ll need to claim specific damages in your car accident lawsuit. These are particular amounts of money requested by you, the injured party, to make things whole again. Damages are awarded if the court finds that another person violated your rights. When filing a car accident lawsuit, you can file for the following damages, depending on your case:
Injuries are common among car accident victims, so it’s essential to have a thorough medical evaluation performed in the aftermath of an accident. You can claim damages for medical expenses to cover ambulance fees, physical therapy, consultations, permanent disability, physical therapy, in-home services, and accessories such as crutches. Any additional medical treatment that you may need in the future is calculated with medical expense costs.
Damages for pain and suffering are based on any physical distress that was caused as a result of the accident. It can vary based on the type of injury and pain suffered, such as anxiety or stress.
Physical injuries, time spent in a hospital, mobility issues, or other potential factors can all cause time off from work, resulting in lost wages. Damages filed for lost wages are common and are based on a determination of your skill, occupation, age, life expectancy, and more.
Loss of affection or companionship is another damage that could be awarded based on the seriousness of an injury. In these cases, the uninjured spouse files a claim for the loss of companionship and/or consortium based on the severity of the injuries. Surviving family members can claim loss of society and companionship damages if a spouse has died due to the accident.
If the other motorist behaved recklessly or irresponsibly, you may file punitive damages to punish the other driver for their behavior. One common example of this is drinking and driving.
After an accident, the at-fault party will typically cover the cost of property damage that resulted from the car accident. Generally speaking, the amount that is recovered is the difference in the value of the car before and after the accident.
Experiencing a car accident can be devastating for many different reasons. If you’re asking yourself, “What is my case worth?” it’s time to contact the Swanson, Lathen, Prestwich, PC attorneys. We are the car accident attorneys in Salem, Oregon, who will remain dedicated to your case, giving you proven results. Contact us today to schedule a free consultation.
The post What is my car accident case worth? appeared first on SLP Law.
]]>The post What to look for in a personal injury attorney appeared first on SLP Law.
]]>Finding the right personal injury attorney to take your case can be challenging. If you’re wondering what to look for in a personal injury attorney, here are some expert suggestions from Swanson, Lathen, Prestwich, PC.
When searching for a personal injury attorney, you’ll want to hire one with experience. The more experience a law firm has, the better your outcome will be.
During your consultation, feel free to ask how long they have practiced personal injury law and how long the firm has existed. Because it is common for law firms to switch specialties, you’ll want to clarify with them how long the firm has been practicing personal injury law.
Other questions to ask or consider include:
While plenty of attorneys have experience, not all have a track record of success. When searching for a personal injury lawyer, ask about their success rate. Review their case results and determine if they have consistently recovered high-dollar settlements for their clients or if they invariably settle for low-ball settlements from insurance companies.
Asking about their expertise also allows them to assess potential damages and what you can expect from your case. A knowledgeable and experienced attorney should be able to determine the different types of damages to claim to maximize your claim, increasing your chance of winning an overall payout. Consider asking if your case has any potential pitfalls and how you can be prepared.
A great personal injury attorney will clearly communicate what you can expect from the process and their firm and give you all the information you need about their fee structure upfront.
Many personal injury attorneys operate on a “no win, no fee” contingency basis, meaning you won’t have to pay if the attornies do not win your case. Though this type of fee structure is common, your personal injury attorney should clearly lay out your claim, pricing structures, and all possible outcomes so you know what to expect.
You’ll also want to ask how long it will take for your case to resolve and if the attorney expects it to go to trial. While it can be challenging to predict how long a settlement will take, an experienced attorney should be able to recall similar cases and provide examples of what you can realistically expect from your case.
It can be tough to know what to look for in a personal injury attorney; make things easy on yourself by hiring SLP Law. Since 1958, our personal injury attorneys have advocated for those in Salem and across Oregon, helping clients receive the compensation they deserve. Hire the law firm that will be your partner during the recovery process. Schedule your free consultation with Swanson, Lathen, Prestwich, PC today.
The post What to look for in a personal injury attorney appeared first on SLP Law.
]]>The post Is it worth hiring a car accident attorney appeared first on SLP Law.
]]>If you have been involved in a car accident in Oregon, contact the Salem personal injury attorneys at Swanson, Lathen, Prestwich, P.C.—SLP Law.
Let’s explore the benefits of hiring an injury lawyer for an auto accident.
When handling an auto accident injury claim, hiring a lawyer can make all the difference in the outcome. Here are the top five key advantages that make seeking legal representation from a car accident attorney worthwhile:
Law firms specializing in automobile accidents (like SLP Law) have in-depth knowledge of personal injury laws and regulations. This expertise allows them to navigate the legal system effectively, maximizing the chances of obtaining fair compensation.
Experienced attorneys know how to gather evidence to build a strong case. They will get help from the law firm to investigate the accident, collect witness statements, examine medical reports, and gather any other evidence necessary to support your claim.
Dealing with insurance companies can be challenging, particularly when they attempt to undervalue or deny your claim. An experienced injury attorney law firm can handle all communication with insurance companies on your behalf, ensuring that your rights are protected and that you receive fair compensation for your injuries and damages.
In an ideal world, all car accident claims would reach a fair settlement agreement, but that’s not always the case. If you and your insurance company can’t agree on a fair settlement during negotiation, the case will go to trial. In this situation, you’re going to want qualified, experienced legal representation to prove your case and advise you on how to proceed. A car accident attorney can do just that.
Calculating the overall value of your claim involves accounting for various factors such as medical expenses, lost wages, future damages, and pain and suffering. An auto accident injury attorney will assess the full extent of your damages and fight for the compensation you deserve.
SLP Law has a proven track record of successfully handling vehicle accident injury claims in Salem. Our team of experienced attorneys understands the intricacies of Oregon personal injury laws and commits to fighting for our clients’ rights. By choosing SLP Law Car Accident Attorneys, you can benefit from our extensive knowledge and experience in the field.
SLP Law offers a free consultation to assess your case and provide guidance on the best course of action. During this consultation, we’ll listen to your story, evaluate the evidence, and discuss the potential outcomes of your case. This initial meeting gives you an excellent opportunity to ask any questions you may have and gain a better understanding of the legal process ahead.
Learn more about our Oregon car accident attorneys.
Don’t let the aftermath of a vehicle accident overwhelm you. Contact SLP Law Car Accident Attorneys to schedule a free consultation and get help. Remember, time is of the essence when it comes to personal injury claims, so don’t hesitate to contact us for expert advice and representation. Hire a car accident injury attorney and make the best decision for your recovery and financial well-being.
The post Is it worth hiring a car accident attorney appeared first on SLP Law.
]]>The post What are Common Misconceptions About Hiring a Car Accident Attorney? appeared first on SLP Law.
]]>Working with a good lawyer is the best way to get the best outcome in your car accident case. Don’t let these common myths keep you from hiring a car accident attorney.
Myth: Hiring a car accident attorney will make your case take a long time.
Some believe that car accident attorneys will draw your case out to bill more hours.
That’s incorrect. In most cases, car accident attorneys don’t bill by the hour. Instead, they take a percentage of the settlement received after winning the case. They want to move it quickly, but also want to make sure you receive maximum compensation for all of your injuries and losses.
Myth: Car accident attorneys are expensive.
Nationwide, nearly all attorneys charge the same percentage of the settlement as a fee. You only pay if you win. Additionally, skilled lawyers can cover up-front costs for you so you pay nothing unless they win and not until the case concludes.
Car accident attorneys also fight to get you bigger payouts than you’re likely to get alone. With very rare exceptions, a very good car accident attorney will get you more in your pocket than you could get on your own, and that’s even after attorney fees and costs.
Myth: Insurance will cover the damages, so I don’t need an attorney.
Insurance companies are in the money-making business. That means they have heaps of lawyers doing everything they can to limit payouts to accident victims. They will try to make you take as little as possible. Don’t expect them to be looking out for your best interests. They won’t be standing by with a bag of cash to cover the costs.
The primary role of a car accident attorney is to negotiate with insurance companies. They know the law and what factors result in bigger settlements. They can use the law to get you everything you’re owed for your pain and suffering.
Myth: Hiring a car accident attorney means going to court.
Hiring an attorney does not mean you’ll be going to court. Most legal work is done outside of the courtroom.
When you hire a car accident attorney, they will handle all the research, preparation, and negotiations. In 99 percent of car accident cases, the parties settle.
Myth: Hiring a car accident attorney can wait until later.
It would be convenient if you could wait until you recover from your car accident before dealing with legal hassles. Unfortunately, the longer you wait to contact an attorney, the more it can hurt your case.
As time goes by, your body heals. After healing, you may struggle to prove your injuries were severe. Also, memories fade with time, and evidence is washed away. So, you may also struggle to prove the accident caused your injuries if you wait too long.
But waiting to hire an attorney hurts you in at least two ways. First, the attorney and law firm will handle all the communication with the insurance company, investigating the case, retrieving helpful evidence and preparing your case for a better result. Doing this yourself puts an extra burden on you and can lead to worse outcomes.
Second, the insurance companies, either your own or the other party’s, are working against you from the beginning. They will do all they can to catch you when your guard is down or find something to de-value your case. It’s not a fair fight and you need someone on your side who knows the ropes.
If you’ve been injured in a car accident in Portland, Salem, or anywhere else in Oregon, get help from lawyers with experience in the area. Our attorneys have established relationships with people in the courthouses all over Oregon. They know how to streamline your case to keep it moving as quickly as possible. They also know how to identify all the damages you’re entitled to. They can prepare your case to get the best results.
The right local attorney can help you close your case quickly and win more money in damages.
Swanson Lathen Prestwich, P.C. is proud to fight for the rights of car accident victims in Salem and all over Oregon. Learn more about our car accident attorneys.
We put our experience and local expertise to work for you. We get our clients all the compensation they’re entitled to. We have won millions of dollars for clients in the past. Find out what we can do for you. Schedule a free consultation with Swanson Lathen Prestwich, P.C.
The post What are Common Misconceptions About Hiring a Car Accident Attorney? appeared first on SLP Law.
]]>The post How Does My Attorney Experience Impact My Car Accident Case? appeared first on SLP Law.
]]>If you’ve been injured in a car accident in Oregon, get help from experienced lawyers at a reputable law firm like Swanson, Lathen, Prestwich, PC.
Just because an attorney is licensed to practice law in Oregon doesn’t mean they know the best way to handle your case. Learning how to navigate the world of litigation takes time. Learning to thrive and win in that world requires an understanding of nuance that can only be gained by slowly accumulating it, trial after trial. The experience of a seasoned attorney can benefit you in several ways.
Before you even hire them, an experienced attorney can give you a better case evaluation than a new attorney. Experienced lawyers have seen what kinds of cases win and which don’t. They can also identify potential issues or missing information that could hinder your case. They will be able to tell you how successful cases similar to yours have been in the past and a range of the compensation won in such cases.
Armed with this understanding, an experienced attorney will know how to frame the claims and arguments in your case to most closely match other successful cases. Experienced lawyers know how to ask for every bit of compensation they can for you while setting up your case for success.
Along with knowledge, experienced attorneys also have established relationships with insurance representatives, accident experts, police, judges, clerks, and other lawyers in the town they practice. These connections can often help experienced attorneys keep your case moving with fewer delays.
Working with an experienced attorney will give you the peace of mind that comes from knowing you’ve got an expert fighting to get you every last penny you deserve. When you know experts will handle your case, you can focus on recovering from your injuries.
Choose a law firm with experienced attorneys, like the team at Swanson, Lathen, Prestwich, PC, or use the following criteria to help identify an experienced car accident attorney.
Use the following criteria to determine if an attorney has the experience necessary to entrust them with your case:
The more years the attorney has practiced, the more variables they will have seen in cases they’ve worked. They will have dealt with unexpected hiccups in suits before. They will be able to handle anything unexpected that may pop up in the case.
Years of experience on a single case doesn’t give the attorney the same kind of savvy they will get from working dozens, if not hundreds, of cases. The more car accident cases-not just personal injury cases-the better.
An experienced attorney can estimate your likely payout based on past payouts to other clients. They can tell you about the average settlements their clients usually get and if your case is likely to fare better or worse. They can walk you through all the damages you should claim.
If an attorney has at least a decade of experience working on dozens of car accident cases with a track record of winning large awards or settlements, hiring them will give you the best chance of winning your case and receiving cash compensation for your injuries, pain, and suffering.
You don’t have to search very far to find the experienced Oregon car accident lawyers you’re looking for—simply call Swanson, Lathen, Prestwich, P.C. We’ve been handling car accident cases for over 50 years. In that time, we’ve won hundreds of cases and received millions of dollars in compensation for our clients. Learn more about our Oregon car accident attorneys.
Request a free consultation from Swanson, Lathen, Prestwich, P.C. about your car accident case today
The post How Does My Attorney Experience Impact My Car Accident Case? appeared first on SLP Law.
]]>The post What to Consider When Choosing a Car Accident Attorney appeared first on SLP Law.
]]>So how do you determine who the “right” car accident attorneys in Oregon are for you? It’s a process that can feel daunting if you’re just beginning the search. If you’ve been injured in an accident in Oregon be sure your car accident attorney can answer questions about the three “E” s: Experience, Expertise, and Expectations.
Use these nine handy questions below to choose a personal injury attorney, and during your search, consider the attorneys from one of Salem’s oldest firms: Swanson, Lathen, Prestwich, PC.
Choose a lawyer with enough experience to handle any curve balls that the opposition or the Oregon legal system can throw at you or them. Assess their experience quickly with these three questions.
Your lawyer should be able to tell you how long they have practiced law personally and how long the firm has existed. Clarify whether the experience they’re claiming includes any law practice or whether it’s specific to personal injury law. A lawyer who just switched to personal-injury practice but specialized in divorce for most of their career may have a lot of experience, but it won’t be very relevant to your case.
Choose a law firm with as much experience as possible. For example, Swanson, Lathen, Prestwich, PC has existed as a Salem-based personal injury law firm for more than 60 years, and our practicing partners each have nearly 20 years of experience. Almost all of that experience has been focused on personal injury law.
The more experience a lawyer has in personal injury cases, the more likely they are to get you the best outcome for your case.
Years of experience are good, but actual casework is even better. Someone who’s worked as an attorney for years but handled only one case won’t have the wisdom that only comes from repetition. Lawyers who work on a lot of cases, especially the same types of cases in the same city, develop practices that streamline the process and lead to success. They know whom to talk to, where they are, and how to talk to them. They know how to write up your case documents in a way that appeals to the same opposing lawyers they negotiate with regularly.
Personal injury attorneys who have successfully won numerous claims can put their wisdom and contacts to work on your case and give you a better chance of winning.
Choose a law firm whose lawyers work on the cases. All the legal experience in the world won’t matter if the lawyer hands off all of your casework to an intern and hits the golf course. Ask the attorney themselves how they plan to handle your case. If you don’t get the chance to talk to the lawyer, the firm will assign to your case; that’s a bad sign.
This is a case where bigger isn’t always better. Sometimes working with smaller firms means you get more personal attention from the lawyers.
Ensure the lawyer you choose can get the job done. Ask for proof of their expertise.
Having experience is one thing; having success is another. A long history of failing is nothing to bet on. Choose an attorney who can show you proof of claims they have previously won. For example, Swanson, Lathen, Prestwich, PC has worked and won hundreds of cases over the past 50 years—winning millions of dollars for our clients in the process.
The specifics of your case will determine if you’re likely to reach a settlement or win a cash award at trial. Predicting the specific amount of money your case could be worth can be very difficult. A good attorney should be able to assess your case and identify all the types of potential damages you should claim to maximize your chance of winning and your overall payout.
You deserve a lawyer you can trust. Every case has potential pitfalls. Your lawyer should prepare you for them. If your attorney makes your case sound too good to be true, they might be exaggerating your chances just to get your business.
Your attorney should help you feel comfortable through your legal journey. Part of helping you feel comfortable is laying out what to expect as your case unfolds. Stay away from lawyers who won’t openly and honestly discuss your case’s process and possible outcomes.
You need to know what your attorney fees will be, so ask. Some personal injury cases require upfront fees and some work on a contingency where you only pay if you win.
With a contingency fee agreement, the lawyers may front many or all of the costs of the case, then take reimbursement for those costs and their attorney’s fees out of the final settlement amount. If you work with an attorney through a contingency agreement, identify what percentage of the settlement or award your attorney plans to take. Also, ask if they will expect reimbursement for upfront costs if you lose the case.
Know what you’re paying for.
Timelines in personal injury cases can be hard to predict. Still, an experienced attorney should be able to lay out a general timeline for a case and discuss how the specifics of your case might affect it.
The duration of your case can be significantly affected by things outside the lawyer’s control, like court scheduling. Still, they should be able to explain the steps involved in your case and how long those steps have taken in their previous cases.
Similar to predicting your case’s timeframe, predicting your case’s course can be challenging. Lawyers with experience can tell you what caused previous cases to go to trial and explain how your case may be similar to or different from those cases. Still, reaching a pretrial settlement requires an agreement from both parties, so they aren’t always predictable.
Choose an attorney who will be honest with you about what they can and can’t predict about your case.
The simplest way to choose a personal injury law firm is to choose one that ticks all the boxes when it comes to experience, expertise, and expectations. Swanson, Lathen, Prestwich, PC advocates for Salem residents and people all over Oregon and have since 1958. Our seasoned Oregon car attorneys have the skills and compassion to get every bit of compensation you deserve. We have a record of successfully winning cases for our clients and a dedication to transparent and open communication with our clients.
Swanson, Lathen, Prestwich, PC has the reputation of success you deserve in your personal injury case. Contact Swanson, Lathen, Prestwich, PC today to start with a free consultation.
The post What to Consider When Choosing a Car Accident Attorney appeared first on SLP Law.
]]>The post Motorcycle Injuries & Safety Tips appeared first on SLP Law.
]]>Let’s explore the dangers of motorcycle accidents, their common causes, and the injuries they often cause. Then, we’ll list some tips for protecting yourself on the road and explain why it’s always smart to consult a lawyer after a motorcycle accident.
If you’re in a motorcycle accident in Oregon, get help from Swanson Lathen Prestwich, PC (SLP). Our Oregon motorcycle attorneys have a record of successfully procuring compensation for our clients. Put our expertise to work for you as your motorcycle accident lawyer.
America’s roads have generally gotten safer in the past few decades. Unfortunately, for motorcyclists, the trend has gone the other way.
According to the Motorcycle Crash Causation Study (MCCS) published by the Federal Highway Administration (FHWA), motorcycle crash deaths nearly doubled between 1994 and 2015. During that same time period, non-motorcycle accident fatalities dropped by 34 percent.
A more recent report from the National Highway Traffic Safety Administration (NHTSA) states that motorcycle fatalities continued to rise through 2016 and only declined slightly in 2017. It also reported that people on motorcycles were injured 27 times as much as people in passenger cars driving the same amount of miles on the road.
The Oregon-specific numbers from the NHTSA show that motorcyclists comprised 15 percent of all people killed in automobile crashes in Oregon from 2014 to 2018. A more recent tally by the Oregon Department of Transportation showed 80 fatalities among motorcyclists on Oregon’s roads in 2021. That’s more than one every week.
Clearly, motorcycle accidents present a real danger on Oregon’s roadways. We can all help reduce motorcycle accidents and the injuries they cause by understanding how they happen and taking steps to avoid them.
If you or a loved one were injured in a motorcycle accident in Oregon, get help from experienced motorcycle accident lawyers, like SLP. They’ll give you a free case evaluation to help you determine if you have a winnable claim for compensation.
The MCCS study referenced earlier had great insights into some commonalities among motorcycle accidents. It documented the specific conditions surrounding 351 motorcycle accidents. While the study does not claim to have enough information to show direct causation, we can still identify trends in the data about conditions that tend to be present among the accidents observed.
The study categorized the observed crashes into categories. But, before we dive into the specifics, we first need to look at trends from the entire group of crashes.
Contrary to what many people think, crashes don’t just happen at night or during bad weather. Most crashes happened during the daylight, with clear weather and dry pavement. In fact, 91 percent of the crashes were on dry pavement. Most crashes also occurred when traffic was light to moderate.
About 30 percent of the crashes involved an observable traffic violation. Among those crashes, about 20 percent of the violations were by motorcyclists, while 33 percent were by operators of other vehicles.
The most common type of crash observed was during left turns. Intersections without traffic control proved particularly dangerous, accounting for more than 60 percent of the observed crashes.
The study saw many more multiple vehicle accidents than single motorcycle accidents, but the single-vehicle accidents had a higher fatality rate. That means motorcycle crashes often kill even when no other car is involved.
Over 76 percent of the motorcycle crashes in the MCCS study were multiple-vehicle crashes.
Almost all multi-vehicle crashes started with a car and a motorcycle colliding, but a small percentage started from a vehicle or motorcycle hitting a roadside object.
Most multi-vehicle accidents occurred at intersections; still, nearly 22 percent occurred away from intersections. Many crashes stem from drivers or riders not having enough time to avoid a collision. Following distance and speed can both contribute to stopping and reaction time.
Poor visibility is a common factor contributing to multi-vehicle motorcycle crashes. Other drivers’ inadequate traffic scans were identified as contributing to 70 percent of multi-vehicle crashes. In 54 cases, the background interfered with the ability to see the motorcycle. Failing to see other hazards contributed to 60 percent of the crashes.
Unsafe actions were also a significant factor. They contributed to 63 percent of the crashes.
Surprisingly, the use of alcohol or drugs contributed to just three percent of the observed multi-vehicle motorcycle crashes.
A disproportionately high number of motorcycle crashes that involved a motorcycle passenger were multi-vehicle crashes. In this study, helmets prevented injury more effectively in multiple-vehicle crashes than in single-vehicle crashes.
Single-vehicle crashes can be among the most dangerous. In the MCCS study, a single-vehicle crash means that the motorcycle driver crashed with no other vehicle involved. While less than 24 percent of motorcycle crashes studied were single-vehicle crashes, these single-vehicle crashes saw more than their fair share of fatalities.
Single-vehicle accidents don’t always happen where you might think. They tended to happen away from intersections on the wide lanes of undivided highways and when traffic was less dense.
Single-vehicle accidents represented more than their fair share of accidents involving objects or obstacles to the right of the lane. The objects and obstacles include buildings, parked cars, loose gravel, fences, mailboxes, pavement elevation changes, and even speedbumps. Motorcyclists involved in single-vehicle accidents often crashed on the right shoulder or sidewalk after running into one of these hazards.
The absence of lane markings also contributed to a high percentage of single-vehicle crashes. Single-vehicle accidents tended to happen when it was dark outside. They also happened when the road would curve, especially to the left.
You can easily imagine the scenario when you put all these factors together. A lone biker is riding alone at night on a poorly marked road. The road unexpectedly curves left, and the motorcycle driver doesn’t react in time because of the poor markings. The motorcycle fails to turn with the road and drifts onto the right shoulder. There, it hits an object or obstacle, and the accident occurs.
When imagining this scenario, you can see how single-vehicle crashes often turn fatal.
Just over 11 percent of the motorcycle crashes in the MCCS study resulted in at least one fatality. Single-vehicle crashes had a higher percentage of deaths than multi-vehicle accidents.
Many of the conditions surrounding the two overlap, with single-vehicle crashes overrepresented among fatal crashes. However, they have a few key differences too.
As with single-vehicle crashes, fatal crashes tend to happen at night during times of low traffic density. They also tend to happen away from intersections but around left curves, especially with obstacles on the right.
Unlike the trends among single-vehicle crashes, fatal crashes tended to happen on eight-lane roads with narrower lanes. An unusually high number of fatal accidents also included issues of interference with a driver’s vision. Many fatal crashes also involved traffic violations.
If you were injured in any of these types of crashes or a loved one was injured or killed in a motorcycle crash, contact motorcycle accident lawyers as soon as possible. A motorcycle crash lawyer can help you seek compensation for your pain and suffering.
All the data above point to the danger motorcycle drivers and riders face on our roadways. When things go wrong, they often result in severe injuries and death. Some of the common injuries motorcycle attorneys see in their motorcycle crash cases include the following and more:
Recovering from these severe injuries can be a long and arduous process. It can also come with a hefty price tag.
If someone else’s negligence caused your motorcycle accident, then a good motorcycle accident attorney, like SLP, can help you get compensation to reimburse you for those medical expenses.
Of course, it would be nice to avoid the injuries in the first place. While danger will always exist, we can take some steps to help stay safer on the roads.
Motorcycle accidents happen frequently in Oregon, but that doesn’t diminish their significance. The team at Swanson, Lathen, Prestwich, P.C. will be there to fight for your rights when you need them most. Don’t get stuck paying for life-altering injuries someone else caused. You’re entitled to compensation.
If you’ve been in a motorcycle crash, contact the experienced Oregon motorcycle accident attorneys at Swanson Lathen Prestwich, PC.
The post Motorcycle Injuries & Safety Tips appeared first on SLP Law.
]]>The post Oregon Auto-Pedestrian Accidents appeared first on SLP Law.
]]>Get help from a pedestrian accident attorney as soon as possible following a crash. A pedestrian accident lawyer can help you file a claim to seek compensation for your medical bills and more, even if the accident was partially your fault. This guide will walk you through everything you need to know about avoiding pedestrian-vehicle accidents and what to do if you get into a pedestrian crash in Oregon.
A car hitting a pedestrian can cause life-altering injuries and even death. Unfortunately, pedestrian traffic deaths continue trending upward.
A 2020 report from the Governors Highway Safety Association showed that 2019 saw the most pedestrian deaths on America’s roadways since 1988. It also showed an increase in pedestrian deaths of nearly 60 percent between 2009 and 2019.
The trend continued through 2020. Statistics from the National Highway Traffic Safety Administration showed a four percent rise in pedestrian deaths between 2019 and 2020.
In Oregon, the car accident death rate among pedestrians is alarming. At a press conference in late 2021, the supervisor of Portland’s Major Crash Team reported a spike of 62 people killed in car crashes in Portland during 2021. Twenty-six of them were pedestrians.
These numbers are tragic. We can all do our part to help reduce these accident rates. Part of preventing pedestrian deaths from automobile crashes is understanding how they happen.
A vehicle crash injuring a pedestrian can happen in many ways. The following are some causes of accidents a pedestrian injury lawyer will commonly see in their cases.
The number one cause of cars hitting pedestrians is distracted drivers. Driving distractions can be obvious, like texting while driving. They can also be more subtle things like looking for a parking space while driving around the parking lot.
Impaired drivers cause many crashes too. Most people think of an impaired driver as a drunk driver, but they can also be driving while drowsy or on drugs.
Drivers can make any number of mistakes that result in an accident: cruising through a crosswalk or intersection, failing to yield to pedestrians, not looking properly while backing out, or even just hitting the wrong pedal. Distracted and impaired drivers are more likely to commit a driving error that leads to an accident.
In some cases, environmental factors may contribute to an accident. Poorly designed intersections, faulty traffic signals, and faulty sidewalks can create hazards that ultimately lead to a car hitting a pedestrian.
Most pedestrian-vehicle accidents happen in urban areas. More than 50 percent of pedestrian deaths occur between 6 p.m. and midnight. And 73 percent occurred between 6 p.m. and 6 a.m. No doubt the dark makes pedestrians harder to see. The most common pedestrians struck were males over 20 years old.
Not surprisingly, most accidents that involve a car hitting a pedestrian occur in places where lots of vehicles and pedestrians interact.
Almost every day, a local news outlet somewhere in America publishes a story with a headline like, “Pedestrian Hit by Car in Parking Lot.”
Drivers looking for parking often don’t see pedestrians walking between cars or crossing unmarked driveways. Pedestrians in parking lots often focus on quickly getting to and from their vehicles and can make unexpected moves. Children are particularly vulnerable in these situations.
Unfortunately, sometimes the crowds of people can spook the drivers in these accidents and cause them to flee. This situation creates a hit-and-run in a parking lot. If you hit someone in a parking lot, don’t flee. Most parking lots have surveillance cameras, so the guilty party often gets caught, and the fleeing can add harsher punishment to the case.
If a driver hit you in a parking lot, get help from a parking lot accident attorney to get compensation for your injuries and trauma.
Drivers often hit pedestrians at crosswalks. Distracted or impaired drivers turning left make mistakes and don’t yield properly. They can turn directly into pedestrians crossing the street.
If you were struck by a car while crossing the street, contact a crosswalk injury attorney. Don’t get stuck with the medical bills associated with your recovery when you were simply walking across the street.
The crushing force of an automobile hitting a person can be catastrophic. It often results in severe injuries. The following injuries commonly occur as a result of a vehicle-pedestrian accident:
Recovering from these injuries could require extensive and expensive medical treatments. Some injuries may develop into chronic issues that can be debilitating or require ongoing therapy.
Don’t get stuck paying for these medical expenses yourself. Get help from a reputable Oregon car accident attorney, like SLP. They could help you seek compensation for your injuries even if you were partially at fault.
Understanding Oregon law can help you know whether you have a winnable claim for compensation in your case.
The state of Oregon follows the rule of the Vulnerable User Law. Under the vulnerable user law, pedestrians have the right of way to cross the road at almost any point, but with a few important exceptions.
The pedestrian must use a crosswalk if they are within 150 feet of one when crossing.
The pedestrian must proceed directly across the street and not meander in the roadway (crossing pedestrians are allowed to stop at designated safety islands.
Drivers traveling in both directions must yield to pedestrians on the road.
Oregon uses comparative negligence in pedestrian accident cases. That means accident investigators can portion out the liability in a case to multiple parties. So, you could be partially responsible for your accident and still file a compensation claim.
For instance, the court may determine that a driver was 60 percent responsible for an accident and the pedestrian was responsible for 40 percent of it. In this instance, the pedestrian can still seek damages. However, they can receive only 60 percent of the total value of the case because that’s what the driver was responsible for.
Pedestrians who are more than 50 percent responsible for an accident cannot seek damages.
If you were injured in a vehicle-pedestrian accident, even if you were partly at fault, get help from a pedestrian accident lawyer. They may be able to reduce your percentage of liability and help you with your claim.
Get a free consultation from SLP on your Oregon pedestrian accident case.
If you or a loved one have been injured in a vehicle-pedestrian accident in Oregon that was mostly someone else’s fault, you’re entitled to seek compensation for the damage done to your life. That’s why the court calls the payment “damages.” Those damages come in many forms. They include compensation for medical bills and much more. The monetary damages you can seek include the following and more:
Get help from a pedestrian accident attorney like SLP when filing your claim for damages. They help you identify and claim all the damages Oregon law allows. That way, you get the maximum compensation possible when you win your case.
Contact Swanson Lathen Prestwich, PC, today for a free consultation about your pedestrian accident case. Every day you wait can hurt your case. Do not hesitate to get the help you need.
The post Oregon Auto-Pedestrian Accidents appeared first on SLP Law.
]]>The post Expert Witnesses in Personal Injury Cases appeared first on SLP Law.
]]>
Expert witnesses regularly play a role in personal injury cases. An expert witness is someone with extensive knowledge or expertise in a field relevant to any part of the personal injury case.
In nearly all cases that go to trial or arbitration, both the injured party (the plaintiff) and the defense call one or more expert witnesses to support or refute the claims in the case. They are not eyewitnesses to the case. The role of an expert witness in court is to testify about a specific subject, not to give testimony about the moment of the incident.
Expert witnesses are used to provide evidence for areas where a layperson, i.e. average person, cannot provide such evidence. The layperson lacks the expertise, either the education, training, or experience, to provide such evidence. Some of the more common types of expert witnesses you’ll see in personal injury cases include the following:
Most personal injury cases come down to who is a fault or liable. Attorneys often call on experts to help prove who is liable based on the facts of the case. The nature and sometimes the location of the incident in question in the case will determine the type of liability expert needed.
One of the most common expert witnesses in personal injury cases is someone with expertise in determining what happened in a car crash based on the evidence available. It could be anyone from a tire mark expert to an impact analyst. Common experts in this area include accident reconstructionists or biomechanics experts.
Slip and fall expert witnesses may use their expertise to testify as to what happened in a disputed falling incident. They would analyze the crime scene and any evidence in the case and give their expert opinion on who is liable. These often include human factors experts.
Sometimes understanding the unique circumstances of a case can require a significant level of knowledge in a specific discipline, like physics, for example. Attorneys may call in expert witnesses who can understand the details of the case and explain them to the judge or jury.
For example, an attorney might consult and even call an expert witness at trial to explain the relationship between speed, mass, and force and how it applies to a collision.
Doctors are also common expert witnesses in personal injury cases. They often testify about the extent of the victim’s injuries and the cost of the ongoing medical care needed.
Cases in which the victim suffers a brain injury often require the testimony of a brain injury expert. They are the only people qualified to make a credible prognosis for the long-term impact of the damage.
A surgeon may be needed as an expert witness in a personal injury case to explain any internal injuries a victim may have suffered. The most common experts in this area are orthopedic surgeons and neurosurgeons. The routinely get involved in personal injury cases.
Mental health experts will often testify on personal injury cases that involve a form of damages called pain and suffering. They help determine the mental anguish a victim suffers stemming from a traumatic event or debilitating injury. Sometimes victims develop conditions from which they can never recover. The judge or jury needs to take all of that into account when deciding to award damages. Mental health expert witnesses help them put the victim’s present and ongoing mental health outlook into perspective.
In other cases, where a defendant was in a compromised mental state at the time of the incident, a defense attorney may call a mental health expert to testify. If they testify that the defendant’s mental state inhibited rational judgment, the state could absolve the defendant of liability.
The court has more rules about which topics an expert witness can testify than what makes someone an expert witness.
According to Federal Rule of Evidence 702, qualifying as an expert witness has just four requirements.
Many people will fit these requirements for some subject in their life. Still, the practicality of being an expert witness is much more challenging.
When an expert witness provides testimony in a case, they may address only their area of expertise. The court must establish and accept the witness’s expertise early in the case, usually in the preliminary motions filed by the attorneys involved. Along with the witness presenting papers showing their credentials, the attorney’s on both sides may ask the witness questions about their actual level of expertise. They may even require tests to prove expertise.
The witness’s background, reputation, work, and even choices in their personal life could come into question if they are relevant to the case. The testimony also can’t significantly depart from the regularly accepted consensus among the thought leaders in any particular discipline. Also, attorneys will attempt to discredit expert witnesses called by the opposition.
Expert witnesses come in all varieties, so almost any type of personal injury case will require one or more expert witnesses. However, some are a bit more common than others. The following types of personal injury cases often require an expert witness.
Personal injury cases involving motor vehicle accidents often need expert witnesses to piece together all the physical evidence into a play-by-play of what happened during the accident.
Different types of accidents or various aspects of the same accident may require different experts. Cases involving a car crash may need an expert on mechanical failure and malfunctions. Cases with pedestrian accidents might require a traffic light programmer or surveillance camera technician to determine who was at fault. Commercial trucking accident cases may need experts on whatever materials the trucks were hauling to determine the dangers of any potential spills or leaks.
If you’ve been the victim of a motor vehicle accident, get help from an experienced personal injury attorney. They will know the right local experts to call to help your case.
Here are some other types of personal injury cases that may require expert witnesses.
Brain injury cases often need testimony from doctors and mental health experts.
Wrongful death cases could require a liability expert.
Cases involving neglect could require medical experts or right of attorney experts.
Using expert witnesses in your personal injury case are essential to flesh out the elements you need to prove your case and help you prevail. This includes:
Those could be enough to sway the judge or jury in your favor.
The best way to get guidance on your personal injury case is to contact a lawyer. Get a free consultation with Oregon’s best personal injury attorneys. Contact us today or send us a question about your personal injury case
The post Expert Witnesses in Personal Injury Cases appeared first on SLP Law.
]]>The post Oregon Car Seat Laws and Child Restraint Guide appeared first on SLP Law.
]]>Oregon’s laws on car seats vary depending on the age and size of the child. Younger, smaller children and infants must ride in a car seat facing backward in the vehicle. As the babies become toddlers, they can gradually start facing forward in their car seats as long as they are big enough. After growing out of the car seat, older children will need to ride in a booster seat until they are large enough to fit a standard seatbelt.
The most recent change to Oregon’s safety seat laws was in 2017. This guide will outline the specific guidelines for each type of child restraint.
Oregon law requires any child under two years of age riding in a motor vehicle to be restrained in a rear-facing car seat. Children over two years old who weigh less than 40 pounds must also ride in rear-facing car seats. The rear-facing car seat must be in the back seat of the car.
Some car seats are made to face the back of the vehicle. Other car seats are adjustable and can meet state requirements for facing forward or backward. Either type of car seat will fill this legal requirement as long as the adjustable car seat is in the rear-facing position.
New parents can easily forget the need for a car seat, especially the first time. Make acquiring a car seat a priority long before the due date.
Oregon requires rear-facing car seats for infants and small children. Rear-facing car seats have been shown through clinical trials to reduce severe injuries in babies on board vehicles that crash.
Babies and toddlers have different biological proportions than adults. Their heads can be up to 25 percent of their entire body weight. They also haven’t developed the strength in their neck muscles and tendons to control that weight. Those two factors put improperly restrained infants at high risk for whiplash during a collision. Whiplash can cause permanent spinal damage to infants, including paralyzation and death.
Rear-facing car seats help prevent whiplash by supporting the baby’s head, neck, and back and keeping them all aligned.
Oregon’s minimum age requirement for transitioning from a rear-facing car seat to a forward-facing car seat is two years old. The child must also weigh over 40 pounds.
Some states waive the age requirement for the rare two-year-olds who weigh more than 40 pounds. Oregon is not one of those states.
Oregon requires children to ride in a harnessed car seat or booster seat until the age of eight or until they reach four feet, nine inches tall. That’s the height at which a standard seat belt can begin to fit correctly.
Oregon’s forward-facing car seat law picks up where the rear-facing law leaves off. Forward-facing car seats are required for passengers between the ages of two and eight. However, the American Academy of Pediatrics recommends using a car seat until a child weighs 40 pounds or more. The Oregon Department of Transportation and the United States Department of Transportation recommend car seats or booster seats for children up to 12.
For safety’s sake, keep your kids in a car seat until they stand four feet, nine inches tall, weigh forty pounds, and are more than eight years old.
In Oregon, the law regarding booster seats and forward-facing car seats is the same. Children must ride in a car seat or booster seat until they stand four feet, nine inches tall, and turn eight years old.
The age requirement ensures the child’s muscular structure has matured enough to handle the stress of an impact without the aid of a car seat. The height requirement keeps a child in a car seat until they will fit properly into a standard seatbelt. With the idea of fit in mind, ODOT recommends not rushing your kids out of booster seats.
A booster seat is essentially a car seat without a back or over-the-shoulder harness. Booster seats help children fit the safety belts designed for adults.
The Oregon booster seat law outlines how your child should fit into the booster seat and safety belt. The “lap belt of the safety belt or safety harness is positioned low across the thighs, and the shoulder belt is positioned over the collarbone and away from the neck.”
The stress of protecting your child can be overwhelming, and everybody can use a little help sometimes. Use these simple tips to install your car seat or booster seat properly.
When installed correctly, the seat should remain mostly stable with just under an inch of wiggle room.
For further help with car seat and booster seat installation, search your local area for parental help organizations like Safe Kids Oregon.
Ideally, your child should continue riding in a booster seat until the safety ballet in your car fits them properly. Each car’s seat belts will fit differently, so Oregon recommends five points of criteria for deciding when a child has outgrown a booster seat.
If your child is at least eight years old and can sit in your car while meeting the above criterium, they can legally ride without a booster seat.
Seat belt law in Oregon requires the driver and all passengers to wear a seat belt or safety harness.
The law applies to all vehicles carrying fewer than 16 people. This means buses are almost the sole exception to Oregon’s seat belt laws. It also means that people riding in cars, pickup trucks, vans, and recreational vehicles require seatbelts in Oregon.
Both personal and commercial vehicles must adhere to the seatbelt law.
Oregon does not have a law prohibiting children who are no longer legally required to ride in a car seat from riding the front seat of a car. However, any children riding in a rear-facing car seat must be fastened into the vehicle’s back seat.
While Oregon doesn’t have a front seat age requirement, some national best practices recommend that children ride in rear-facing car seats until they turn 12.
Children who are not adequately restrained are at risk of significant injury in the event of an auto accident. Car crashes are dangerous for everyone, but the underdeveloped bodies of children remain particularly vulnerable.
In addition to having less developed muscles, tendons, bones, and ligaments, children are also too small to fit standard seat belts properly. Most states, including Oregon, require special restraints and seats to keep young children safe.
The proportions of an infant’s body leave it especially susceptible to whiplash and the devastating injuries it can cause to underdeveloped bodies. Infants have larger heads than adults in terms of the overall proportion. During a sudden momentum change, like in auto accidents, the extra weight creates additional inertia and strain on a child’s neck.
With the risks involved, it is imperative to use the proper safety restraints when operating a motor vehicle with a child passenger in Oregon. Check out Oregon’s Child Passenger Safety Training for more child passenger safety tips.
Along with the safety restraint laws, Oregon also has laws designed to protect the roadways from inexperienced teen drivers. They also have laws against driving distractions that often temp those inexperienced drivers.
In Oregon, teens must be at least 15 years old to acquire a learner’s permit. The individual applying for a learner’s permit must pass a vision test and a driver’s knowledge test and pay a $25 fee. The test will also cost $5.
The driver must apply at the Oregon Department of Motor Vehicles to be eligible. The driver must be an Oregon resident and must provide proof of school enrollment or completion, citizenship, social security number, address, and identity. The driver’s legal parent or guardian must sign the application.
There are also additional behavior requirements regarding mental health, drug and alcohol use, and visual processing proficiency.
Drivers who meet all the requirements can earn a learner’s permit that’s eligible for six months. After that, if the driver is 16 years old, they can get a provisional license. Drivers on provisional licenses must be accompanied by a passenger who’s 21 years old or older while operating a vehicle. There are also heavy restrictions on the passengers, hours, and destinations provisional drivers can legally drive.
After the driver turns 18 years old, if the driver meets all the provisions of the provisional license, they can apply for a full license.
Oregon law prohibits teens driving on provisional licenses from using cell phones, even hands-free while operating a vehicle.
Even with proper seating, your child could suffer life-altering injuries if you get into a car accident. You have to know what legal options you have to seek compensation, which may cover things like medical costs and lost earning potential.
Contact Swanson Lathen Prestwich, PC, to get an evaluation of your case.
The post Oregon Car Seat Laws and Child Restraint Guide appeared first on SLP Law.
]]>