Even under the best of circumstances, riding a motorcycle can be a dangerous proposition. Studies have shown that riding a motorcycle means that a person is more than 30 times as likely to die in an accident than if they are in a car.

While safety measures help, they are not a panacea. Under Oregon law, all motorcycle riders and their passengers are required to wear a helmet, and those helmets are required to meet federal motor vehicle safety standards. In addition, for the safety of riders, lane splitting is illegal in Oregon as well. Despite these measures, and given the fact that Portland’s soggy weather makes wet roads even more treacherous for riders, motorcycle accidents do take place frequently.

Add in the fact that despite a motorcyclist being as safe as possible, they must still share the road with car drivers, who can cause all kinds of accident problems due to drunk and distracted driving, a lack of motorcycle awareness, dangerous roads and a host of other conditions that challenge motorcycle riders on a daily basis.

When a motorcycle accident takes place involving another vehicle that is at fault, a rider is going to require the services of an experienced motorcycle accident lawyer.

Although motorcycle accidents share many similarities with car accidents, there are some differences worth noting.

Just like a car accident, proving negligence on the part of the defendant is the key to winning a suit. But courts also take into consideration the added risks of riding a motorcycle and hold car drivers to a different standard when a motorcycle is involved.

They take into account that a driver must be more vigilant because there is much less stability and protection on a motorcycle than when driving a car. Courts also consider that motorcycle drivers face increased vulnerability to road hazards including road debris, poor drivers and other related factors.

When looking at negligence, courts will be favorable toward a motorcycle rider because they are required to have specialized skills to ride.

All of these standards combine to place the burden of vigilance more squarely on the shoulders of drivers when sharing the road with motorcycle riders.

Johnson & Taylor Law proudly serves Portland, Salem and surrounding Oregon communities.

The bigger the vehicle, the bigger the chances are for a catastrophic accident. That’s why big rig truck accidents are the most frightening and devastating types of accidents, not only in Portland, but on all of our nation’s roadways.

Overall, it’s been shown that truck drivers are less likely to be involved in an accident than automobiles. Still, in a typical year, more than 5,000 people will die in an accident involving a commercial truck, and another 100,000 people will suffer injuries. But the fact that a fully loaded rig can weigh more than 25 times as much as a typical car means that the sheer differences in weights when a car is involved will result in more serious injuries and fatalities.

When a person is involved in an accident with a truck resulting in injuries or death, the first thing an experienced truck accident attorney must do is determine if there is cause to compensate the victims for their losses. This compensation can take the form of payment for medical bills, lost wages, pain and suffering, and other related types of recovery.

If the circumstances warrant, then the attorney must identify potential defendants. While the driver of the truck is a natural possibility, the list of defendants may be much longer than that.

If the driver was using a rig that had safety issues that had not been addressed, then the company that owns the rig could be held liable as well. If a link can be shown between the driver and the company in other ways, and that the driver was acting in the course of the relationship between him and the company, a liability link may exist as well.

An accident that took place on a roadway that was under construction or was somehow shown to be unsafe may mean the government entity in charge of oversight of that roadway could be held liable too.

In some instances, the contents of a truck are hazardous, and the owners of the contents could be held liable as well.

Once the defendants are clearly identified, then the attorney must prove negligence existed on their part to be able to collect damages on behalf of the plaintiff.
Johnson & Taylor Law proudly serves Portland, Salem and surrounding Oregon communities.

If you’re looking to retain the best possible personal injury attorney in the greater Portland area, there are several things you should take into consideration:

Experience. Personal injury law is a very specialized area of practice. Because of this, experience does count in comparison to other more general parts of the legal system. An experienced personal injury attorney is going to have a deep understanding of the role of negligence, causation, statutes of limitation and other areas that will be relevant to your situation. As part of your screening process, make sure you ask about similar cases that the attorney has handled, their success rate and if they have experience in the particular court system you want your case heard.

Reputation. Many times, a battle is won before it is even fought. An attorney with an outstanding reputation, or one who is known for aggressive fighting for their clients when dealing with insurance companies, health care providers and opposing attorneys may be able to gain advantages that can translate to a bigger settlement in a shorter amount of time.

Objectivity. Personal injury cases are often fraught with emotion, and an attorney who is able to cut through the volatile nature of things and focus on the facts will score big points in front of a judge, jury and opposing lawyers. That objectivity also means you’re more likely to get a get a full settlement as well, instead of an attorney who is just out for a quick payday.

Focus. It is in your best interests to find an attorney who focuses almost exclusively on personal injury cases. That focus means that their skills and mindset will be fully engaged when dealing with your case, and that they will be up-to-date regarding personal injury laws and cases.

Negotiation skills. Most all personal injury cases are settled before they go to trial. While a good attorney must be ready to go to trial, in the vast majority of instances, attorneys for both the plaintiff and the defendant will end up negotiating a settlement. An attorney who is skilled in negotiating stands the best chance of winning a settlement that is the most favorable for their client.

Johnson & Taylor Law proudly serves Portland, Salem and surrounding Oregon communities.

There are few things more upsetting in life than to lose a loved one in a fatal car accident. Whether the news is delivered by a loved one in a late night call, or by a member of the law enforcement community, there is no easy way to get through the initial pain and shock that surviving family members will go through.

While nothing can bring back a loved one, an attorney can help survivors get through the emotional and financial difficulties following such a traumatic event.

Where fault can be established, a wrongful death suit can hold the responsible party accountable for their actions. A wrongful death suit is a civil suit, and much different from a criminal case, in which the government will seek to punish the responsible party for their actions that have been deemed to be a crime. A good example of this is if someone kills another person while they are driving drunk.

In Portland, and throughout Oregon, there is a statute of limitations which states that a wrongful death suit must be filed within three years of the date of the injury that caused a person’s death. This means if a person is injured, but lingers for several weeks or months before passing away, the claim must be filed within three years from the time they were first injured.

While spouses and children normally are the recipients of wrongful death settlement compensation, awards can also be made to other family members such as parents, siblings and other relatives. Many times, if the deceased had a will in place, this will help determine how an award is made.

Compensation can take many forms:
• Medical bills and burial expenses.
• Lost wages. This can be difficult to determine and is usually based on an expert determining how much a person would have made for the balance of their lifetime.
• Pain and suffering.
• Loss of companionship.
• Punitive damages. Can be awarded in some cases where extreme negligence is proven.

Johnson & Taylor Law proudly serves Portland, Salem and surrounding Oregon communities.

In a divorce, one of the most contentious issues that family members and their attorneys face is who will have custody of the children and under what terms. To better understand what the process and outcome might be, here are some basic statutes that apply to custody cases in Salem and throughout the state of Oregon.

Mothers and fathers have equal rights. Under Oregon custody laws, both parents are viewed as having equal rights. What matters most to the courts is what is in the best interests of the child.

Legal custody gives one or both parents the rights to make decisions regarding how a child is raised, including what schools they will attend, what kind of medical care they will receive, and where they will live. A judge will order joint custody only if both parents agree to joint custody. In the event the parents cannot agree, the court must choose one parent to have sole legal custody of a child. Many factors are examined in deciding which parent will be awarded sole legal custody. Some factors include which parent has been the child’s primary caregiver, drug abuse or domestic violence history. The parent who is not awarded legal custody is known as the non-custodial parent.

Physical custody, or which parent a child lives with, is called parenting time. A parent who has more parenting time than the other parent is known as the primary physical custodian. In most Oregon counties, parents are required to go through mediation to come up with a parenting plan and to determine whether the parents agree to joint custody or one parent having sole custody. The parenting plan spells out custody, visitation rights, and other terms involved in raising a child.

If mediation is not successful, then a judge will make a custody decision and create a parenting plan in the best interests of the child. The judge will also determine how much child support one parent may be required to pay to the other parent.

Johnson & Taylor Law proudly serves Marion, Polk, Linn, Yamhill and other surrounding Oregon counties.