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Can You Sue a Bartender if You are Injured by a Drunk Driver in Oregon?

Being hurt in a drunk driving accident can result in life-altering catastrophic injury or death. If you or a loved one has suffered at the hands of a drunk driver who was overserved at an establishment in Oregon, the owner of the bar or restaurant may be liable for damages. At Johnson and Taylor, our vehicle accident lawyers can evaluate your case, help you understand whether a dram shop injury lawsuit may be appropriate, and assist you with pursuing compensation for your injuries and losses.

What is Dram Shop Liability?

Dram shop law in Oregon is designed to hold a bartender and/or establishment responsible for injuries and losses if they served alcohol to a visibly intoxicated person who caused a drunk driving accident. Like many other states, Oregon also has a social host liability law, which holds private hosts liable for injuries, accidents, and deaths caused by serving alcohol to minors or intoxicated adults. Dram shop law is complex, so if you are considering filing an injury lawsuit against an establishment or host, it is vital to seek the counsel of an experienced vehicle accident lawyer.

Elements of Proving Dram Shop Liability in Oregon

Like any other personal injury lawsuit, for a dram shop claim to be successful you must prove who was at fault. Your personal injury lawyer will gather evidence and put it all together to show that:

  • A bartender, establishment, or social host served alcohol to a person who was already visibly intoxicated.
  • The intoxicated person’s actions caused the accident and your injuries

Wrongful Death Dram Shop Claims

If you’ve lost a loved one in a drunk driving accident, a wrongful death lawyer can evaluate your case and advise you of whether you have a viable claim to hold an establishment or social host liable for damages. These cases can be challenging to prove. Finding a vehicle accident lawyer who has experience handling wrongful death claims and is well-versed in Oregon dram shop law is a must.

Statutes of Limitations in Oregon

There are certain time limits on how long you have to file a personal injury claim in Oregon. Typically, a personal injury lawsuit must be filed within two years from the date of the injury. The statute of limitations for filing a wrongful death case is usually three years. Although this may seem like it gives you a significant amount of time to file a claim, it is important to act fast. Valuable evidence can be lost and memories fade over time. Contacting a motor vehicle accident attorney as soon as possible after a drunk driving accident gives you a better chance of recovering the maximum compensation you need and deserve.

Recovering Damages in Dram Shop Claims

It can be easy to underestimate the physical, emotional, and financial costs of being injured in a crash. A catastrophic injury lawyer knows how to put an accurate value on your claim and fight to help you recover damages such as:

  • Past and future medical bills
  • Lost wages and loss of earning capacity
  • Pain and suffering
  • Loss of enjoyment of life
  • Loss of companionship and consortium

If the actions of a bartender, establishment, or social host were particularly egregious, you may be able to pursue punitive damages as well, though this is very rare. A personal injury lawyer can thoroughly assess your case, inform you of its viability and the best course of action for recovering compensation, and guide you through the legal process.

Contact Our Vehicle Accident Attorneys to Learn More about Dram Shop Law in Oregon

At Johnson and Taylor, our dedicated team understands that being injured or losing someone you love in a drunk driving accident can be devastating. Whether you need assistance with a personal injury case, divorce and family law matters, or estate planning and probate, we’re here for you. Our catastrophic injury lawyers and car accident attorneys serve clients in Salem, Eugene, Bend, the Oregon Coast, Medford, and throughout the state of Oregon. Our experienced team includes Spanish-speaking attorneys and staff.

When You Should Not Accept a Settlement After an Accident

When you or a loved one is hurt in an accident and medical bills are piling up, it can be tempting to accept a settlement offer from an insurance company right away. However, there are complex factors that should be considered before signing on the dotted line. At Johnson and Taylor, our vehicle accident lawyers give you a straightforward assessment of whether you have a viable personal injury lawsuit and what factors might come into play in estimating what your case is worth. They explain why accepting a settlement may not serve your interests.

Serious Injuries and Future Medical Expenses

Catastrophic injuries often require extensive medical treatment and ongoing care. Even if you don’t believe you are seriously hurt, symptoms of conditions like traumatic brain injury may not be apparent immediately and complications could arise later. Accepting a quick settlement may fail to fully compensate you for long-term costs and the impact the injuries have had on your quality of life. A catastrophic injury lawyer can thoroughly assess your case and consult with medical experts to determine the long-term financial and personal implications of your injuries.

Wage Loss and Future Earning Potential

In some cases, an injury may leave you unable to work for a significant amount of time or affect your ability to earn income in the future. This factor should be carefully assessed to ensure that any settlement adequately compensates you for past and future wage loss. A personal injury lawyer will know how to accurately calculate these damages and fight to help you recover a fair amount of compensation for lost income.

Permanent Disability or Disfigurement

If you’ve suffered permanent disabilities or disfigurement due to an accident, it’s critical to carefully consider how it will impact your quality of life and ability to work. A knowledgeable catastrophic injury lawyer can help you understand all your options for recovering compensation, including filing a personal injury lawsuit.

Adequate Non-Economic Damages

An initial settlement offer may not adequately account for any emotional distress and pain and suffering that can result from being hurt in an accident. These issues are very real and can impact all aspects of your life. Your personal injury lawyer will ensure that the final settlement reflects the full extent of your non-economic damages to the extent possible.

Liability Disputes

If there is a dispute about who was at fault for the accident, it’s critical to have an experienced personal injury lawyer by your side. Accepting a settlement will likely bar you from taking further legal action against an insurer and other involved parties. If necessary, your attorney may recommend that you take your case to trial to hold the at-fault party accountable for your injuries and losses. Litigation is costly – the threat of a personal injury lawsuit may be enough for the insurance company to offer a reasonable amount to settle the claim. A vehicle accident lawyer or personal injury attorney knows how to aggressively negotiate with insurers and pursue the best possible outcome.

An Uninsured or Underinsured At-Fault Party

If you’re hurt in a car or truck accident with an uninsured or underinsured driver, their insurance coverage may not fully cover your losses. Your motor vehicle accident lawyer can help you explore other options for compensation, including your own uninsured/underinsured motorist coverage. It’s important to keep in mind that even your own insurer may not be looking out for your best interests. A personal injury lawyer can protect your rights and help you get the full amount of compensation to which you may be entitled.

A Personal Injury Lawyer Can Assess Your Claim from the Start

Generally, personal injury law in Oregon requires parties to file a lawsuit within two years of the date of the accident. In wrongful death cases, the statute of limitations is three years. However, statutes of limitations can vary by circumstance, and may give you even less time to file an injury lawsuit.

For example, if the liable party is a public or governmental agency or employee, you may have to file a tort claim notice within a few months and could lose your right to file a personal injury lawsuit if certain deadlines aren’t met. An Oregon motor vehicle accident lawyer will ensure all claims and information required are filed in a timely manner, provide valuable legal advice, negotiate on your behalf, and protect your rights throughout the process.

Contact Our Vehicle Accident Attorneys to Learn More

At Johnson and Taylor, our motor vehicle accident lawyers are dedicated to fighting for injured victims’ rights and helping them recover the maximum compensation they need and deserve. To schedule a free consultation, contact us online or call us at 503-990-6641. Our personal injury lawyers serve clients in Salem, Eugene, Bend, the Oregon Coast, Medford, and throughout the entire state of Oregon. Our experienced team includes Spanish-speaking attorneys and staff.

Wearing a Motorcycle Helmet Can Save Your Life

While nothing beats hopping on your bike and hitting the road on a beautiful day, it’s important to understand the risks of riding a motorcycle. At Johnson and Taylor, our vehicle accident lawyers have seen firsthand the devastating effects injured victims of motorcycle crashes often suffer. Our personal injury lawyers are dedicated to promoting motorcycle safety and know that helmets save lives. Wearing a helmet is also one of the best ways to prevent or mitigate the effects of traumatic brain injury and other serious injuries to the head, face, and neck.

Motorcycle Helmet Statistics

According to the National Highway Traffic Safety Administration (NHTSA), 5,932 motorcyclists were killed in fatal crashes in the U.S. in 2021. This is the highest number of motorcycle fatalities since reporting began in 1975. The NHTSA reports that wearing a helmet reduces the risk of dying in a motorcycle accident by 37%, and decreases the risk of head injury by 69%.

In addition, riders without helmets are three times more likely than helmeted motorcyclists to sustain traumatic brain injuries (TBI) in a crash. These statistics not only show that helmets save lives, but they also prevent serious brain injuries as well. The CDC reports that if all motorcycle riders wore helmets, the United States could save $1.5 billion in economic costs each year.

Motorcycle Helmet Law in Oregon

Under Oregon law, all riders and passengers of motorcycles, motorized scooters, mopeds, or unenclosed autocycles are required to wear helmets. Research has shown that universal helmet laws are very effective at promoting motorcycle safety. In states requiring helmets, 96% of motorcyclists observed were wearing helmets. In states without universal helmet laws, helmet use dropped to 57%, according to the NHTSA.

Not Wearing a Helmet May Affect the Outcome of an Injury Lawsuit

Putting on a helmet makes good sense when it comes to protecting yourself, but it can also have an impact on the compensation you may be entitled to receive in a personal injury lawsuit. Insurance companies may try to deny your claim or pay as little as possible if you fail to wear a helmet while riding a motorcycle. If you’ve been hurt, it’s critical to seek the counsel of an experienced motorcycle accident lawyer who’s well-versed in both Oregon traffic regulations and personal injury law.

What is a TBI?

Traumatic brain injury usually occurs when someone suffers a violent blow or jolt to the head or body. Objects that penetrate the skull or shattered bone can also cause TBI. Traumatic brain injuries range from mild concussions to severe injuries that result in long-term physical and psychological complications. Although some signs or symptoms of TBI may be apparent right away, others may not appear until days or weeks later.

Seek Medical Care and Contact a Catastrophic Injury Lawyer after a Crash

In some cases, TBI can be fatal. That’s why it’s critical to seek medical care immediately, even if you think you’re not seriously injured. Early detection and treatment of brain injuries can prevent more serious conditions and death. If you believe an accident was caused by someone else’s negligence, it’s also important to have a personal injury lawyer evaluate your claim. A catastrophic injury lawyer can determine who is at fault, ensure your rights are protected, and help you pursue a personal injury lawsuit for damages.

Choosing a Motorcycle Helmet

Motorcycle helmets come in many different styles, colors, and sizes. For optimal safety, it’s best to choose a full-face helmet that meets Department of Transportation (DOT) safety standards. The most basic benchmarks of helmet motorcycle safety include:

  • Collision protection — How a helmet protects riders from collisions with large objects
  • Strength of the helmet’s retention system —Whether the chin strap keeps the helmet secure in the event of an impact
  • Positional stability — Whether the helmet stays in place during critical moments
  • Extent of protection — Whether the helmet fully covers the head

Wearing a helmet with full face protection can help you avoid road rash, damage to the teeth, and other facial injuries.

Contact a Motor Vehicle Accident Attorney in Oregon

If you’ve been injured or have lost a loved one in a motorcycle accident, our catastrophic injury lawyers at Johnson and Taylor can help. Our firm litigates personal injury, divorce, and family law, and estate planning and probate cases. To schedule a free consultation with a vehicle accident lawyer, contact us online or call 503-990-6641. Our personal injury lawyers serve clients in Salem, Eugene, Bend, the Oregon Coast, Medford, and throughout the entire state of Oregon. Our experienced team includes Spanish-speaking attorneys and staff.

How Can I Get a Restraining Order In Oregon?

Figuring out how to get a restraining order in Oregon can be stressful and overwhelming at an already difficult time. At Johnson and Taylor, our domestic violence lawyers are well-versed in the process and help clients in Salem, Oregon, and surrounding communities find the peace of mind and protection they need.

What Is a Protective Order?

A protective order is a civil legal remedy that prohibits a potentially harmful person from contact with the person who filed for the order. In Oregon, there are several types of protective orders.

Family Abuse Prevention Act (FAPA) Restraining Orders

A FAPA restraining order offers protection from abuse by a current or former spouse, domestic partner, intimate partner, family member, or parent of a victim’s child. If the victim is under the age of 18, the respondent must be at least 18 and be a current or former spouse, domestic partner, or someone with whom the victim has had a sexually intimate relationship.

Sexual Abuse Protective Order (SAPO)

A Sexual Abuse Protective Order may be available to individuals in certain circumstances when they are subjected to unwanted sexual contact by another person who is not a family member or intimate partner.

Elder/Disabled Abuse Prevention Act (DAPA) Restraining Orders

This type of restraining order is intended to protect people 65 and older or those who are vulnerable due to a disability from neglect and physical, verbal, financial, and sexual abuse.

Stalking Protective Order

A stalking protective order is designed to protect a person who is being stalked. Stalking usually involves a significant pattern of engaging in unwanted or repeated contact, or intentionally, knowingly, or recklessly alarming or coercing another person.

A domestic violence lawyer can help determine which type of protective order is most appropriate for your circumstances.

Where to File for a FAPA Restraining Order in Oregon

You must file for a restraining order in the county courthouse where either you or the respondent lives. There is no fee to obtain a restraining order. It’s important to make sure the restraining order paperwork is filed in the correct jurisdiction. An experienced family law attorney can ensure that paperwork is filed with the correct court and all required information is included.

What Proof Do I Need to Get a Restraining Order?

In addition to age and relationship requirements, certain criteria must be met to obtain a FAPA restraining order, including: 

  • Instances of abuse: The respondent must have caused you physical injury or made you fear they would cause physical harm to you within the previous 180 days. This includes being forced to have sexual relations against your will. If the person who abused you was in jail or lived more than 100 miles from your home for a time, it may not count as part of the 180 days. You may still be able to obtain a restraining order even if it’s been more than 180 days since you were abused.
  • Credible threat to safety: Your physical safety or the safety of your children must be in jeopardy at the time you file for the restraining order. Rude behavior or emotional or mental abuse do not provide sufficient cause to grant a restraining order.

When completing your petition for a restraining order, it’s crucial to be detailed about the nature of the abuse and the dates it occurred. A domestic violence lawyer can help you fill out the paperwork and advise you on specific language and details to include. Don’t hesitate to ask your family law attorney questions if you’re unsure about what to say.

What Happens After I File for a Restraining Order?

A judge will review your paperwork and may ask you some questions. If the restraining order is granted, a copy must be hand-delivered to the respondent by a sheriff’s deputy, process server, or any adult who lives in the state of Oregon.

The respondent has 30 days from the date of service to request a hearing. If they do not request a hearing, the restraining order will stay in effect generally for a period of one year. If requested, a hearing may be scheduled quickly, so it’s important to make sure the court has your current contact information, such as phone number and mailing address.

If you fail to attend the hearing, the order likely will be dismissed. Having a family law attorney assist you with the process and represent you at the hearing can help you avoid common mistakes, present convincing arguments on your behalf, and obtain a restraining order that covers all the issues you wish to address.

How Long Does a Restraining Order Last?

If granted, your restraining order will be in effect for one year from the date the judge signed it, unless it is dismissed or canceled by the court. A restraining order can affect child custody, so if circumstances change and you wish to amend it or renew it for another year, your domestic violence lawyer can help with that as well.

Contact Our Family Law Attorneys In Oregon  

At Johnson and Taylor, our domestic violence lawyers know that dealing with abuse and getting a restraining order can be traumatic. Our compassionate, competent attorneys and staff are here to help you get through it. Johnson and Taylor litigates personal injury, divorce and family law and estate planning and probate cases. Our team includes Spanish-speaking attorneys, and our divorce and family and estate planning and probate lawyers serve clients in Marion, Polk, and Linn County and other surrounding communities. Contact us online or call 503-990-6641 to schedule a consultation.

How Is Fault Determined in a Multiple-Vehicle Accident?

Often called chain-reaction accidents or pileups, multiple-vehicle crashes involve more than two cars, trucks, or semis. Because there may be several parties involved, determining fault and assigning liability in a multiple-vehicle crash can be challenging. Our car accident lawyers at Johnson and Taylor handle all types of cases involving multiple vehicles. Knowing how car accident fault is determined in Oregon can help you better understand the possible outcomes of a personal injury lawsuit.

Common Causes of Multiple-Vehicle Accidents in Oregon

Each situation is unique, but common causes of multi-vehicle accidents include:

  • Speeding
  • Reckless driving
  • Tailgating
  • Distracted driving
  • Driving under the influence of alcohol or drugs
  • Semi-truck accidents
  • Inclement weather

Our vehicle accident lawyers have extensive experience in personal injury law and have successfully handled cases involving countless crash scenarios.

Who Is to Blame for a Multi-Vehicle Crash?

Establishing fault in a multiple-vehicle crash can be complicated, but common culprits include:

  • The vehicle in front. When a car or truck suddenly hits the brakes, vehicles behind it may not be able to stop in time. This can set off a chain reaction of rear-end collisions, especially in heavy traffic. Although drivers behind the vehicle in front should maintain a safe distance, if the first driver hits the brakes for no reason, they could be found liable for causing a pileup crash.
  • The middle vehicle. Even if the vehicle in front was in motion or applied the brakes smoothly, a car behind it and in front of other vehicles can rear-end it. This often happens when a motorist is speeding or distracted.
  • The vehicle behind. The motorist bringing up the rear may be held liable if they hit a vehicle in front of them in a chain-reaction accident.

In all these scenarios, multiple motorists may be found to be at fault. That’s why these crashes require extensive investigation by law enforcement, insurance adjusters, and experienced personal injury lawyers. Evidence such as police reports, photographs, and the testimony of witnesses and experts can all be vital elements when determining car accident fault in a chain-reaction collision. Car crash attorneys often enlist the help of expert accident reconstructions to determine how a collision happened and who is at fault.

What to Do After a Multiple-Vehicle Crash

If you’re involved in a multiple-vehicle accident, call 911 and wait for police to arrive. If you are able and it’s safe to do so, take pictures of the scene, damage to vehicles, and your injuries. When you speak to the police, other motorists, or witnesses do not say anything like “I’m sorry” or “it was my fault.” Gather contact and insurance information from everyone involved in the multi-vehicle crash and any witnesses. Use the voice recorder on your phone or jot down notes about how the accident happened. Do not give a statement to insurance adjusters, sign anything, or accept a settlement without speaking to a motor vehicle accident lawyer first.

One of the most important things you can do to protect yourself is to seek medical attention as soon as possible. Symptoms of serious injuries such as internal bleeding may not be apparent right away. Going to the emergency room or seeing a doctor can ensure your injuries are properly diagnosed and you get the care you need. Medical records also provide valuable documentation of your injuries and will be essential if you decide to file a personal injury claim.

Recovering Compensation in Multiple-Vehicle Accident Claims

Pileup crashes often result in serious injuries and fatalities. If you or a loved one has been hurt in a multi-car crash, a personal injury lawyer may be able to help you recover damages such as:

  • Medical expenses
  • Lost income and earning capacity
  • Property damage
  • Pain and suffering
  • Emotional anguish
  • Loss of enjoyment of life
  • Loss of consortium
  • Scarring and disfigurement

Unfortunately, insurance companies do not have your best interests in mind and try to pay as little as possible on claims. An experienced car accident lawyer will thoroughly investigate your claim and handle all negotiations with insurers. Having a seasoned personal injury lawyer on your side can significantly increase your chances of recovering the maximum compensation you need to protect your health and financial security.

Contact Our Car Accident Attorneys to Learn More

At Johnson and Taylor, our vehicle accident lawyers are dedicated to fighting for injured victims’ rights. If you’ve been hurt in a multiple-vehicle crash, contact us online or call 503-990-6641 to schedule a free consultation. Johnson and Taylor litigates personal injury, divorce and family law and estate planning and probate cases. Our personal injury lawyers serve clients in Salem, Eugene, Bend, the Oregon Coast, Medford, and throughout the entire state of Oregon. Our experienced team includes Spanish-speaking attorneys and staff.

How Can I Make Sure I Get Enough Alimony in Oregon?

Known as spousal support in Oregon, alimony is a payment made by one spouse to provide financial assistance to the other during and after a divorce. Whether you’re thinking of filing for divorce or you’re already receiving alimony or spousal support, it’s important to know how much (if any) you may be entitled to receive. Our family law attorneys at Johnson and Taylor explain how alimony works in Oregon and how a divorce lawyer can ensure your arrangement is fair.

Types of Alimony in Oregon

There are three types of spousal support in Oregon. Each one serves a specific purpose.

  • Transitional spousal support may be ordered for example to enable one spouse to attend school or a training program to improve their career opportunities and earning capacity.
  • Compensatory spousal support may be ordered for example to a spouse who helped fund the other’s higher education so they could get a degree that increased their earning capacity. Common examples of this include obtaining a Ph.D., an MBA, or a medical or law degree.
  • Maintenance support may be ordered for example when one spouse has a higher-earning capacity than the other spouse to enable the other spouse to continue a standard of living similar to what they had during the marriage. It’s more commonly ordered when a divorce involves a long-term marriage.

How Is Spousal Support Determined in Oregon?

There is no set formula for determining alimony payments in Oregon. Ideally, if you and your spouse are on decent terms, your divorce lawyer can analyze both parties’ finances and negotiate a fair amount of spousal support in your divorce settlement. If alimony must be ordered by the court, a judge has discretion in what they can consider. Some factors that they often consider are:

  • The length of the marriage
  • Age and health status
  • Each spouse’s financial needs and resources
  • The requesting spouse’s employment skills, work experience, and earning potential
  • Which spouse has custody of the children and who pays child support

Spousal support is most often awarded in situations where there is a significant income or earning capacity disparity between spouses. Courts try to enable each spouse to live at a comparable standard to what they enjoyed during their marriage. To ensure you receive the full amount of alimony to which you may be entitled, it’s crucial to have an experienced family law attorney advocate for you in court.

Questions About Alimony in Oregon

Knowing the answers to these questions can help you better understand how much you may receive in alimony, and for how long.

  • Can alimony be modified? Spousal support payments can be increased, reduced, or terminated in some cases. When there’s a significant change in the financial status of either party, they can petition the court for a modification. Common reasons for modifying a spousal support order include a decrease or increase in income, job loss, illness, retirement, and remarriage. However, if alimony was not included in your final divorce settlement or judgment, you cannot go to court and ask for it later.
  • Can alimony be paid in a lump sum? In Oregon, spousal support may be paid in a single lump payment or in installments, which are typically paid monthly. Maintenance support usually is paid monthly, while a judge may order a lump sum to be paid for compensatory or transitional support. This varies according to the specific circumstances.
  • Is alimony paid indefinitely? Typically, a divorce judgment will include a date when spousal support payments will end. Depending on the situation, it may be ordered for an indefinite period or a few years.
  • Does alimony have tax consequences? Yes, but determining what they are can be complicated. Prior to the Tax Cuts and Jobs Act of 2017 (TCJA), the receiving spouse had to declare alimony payments as income to the IRS and on income state tax returns, and payments were tax-deductible for the paying spouse. However, in divorce settlement agreements dated Jan. 1, 2019, or later, alimony payments are not deductible by the paying spouse, and the receiving spouse does not have to report spousal support as taxable income. If you’re uncertain about how alimony and child support payments may affect your tax liability, talk to a tax professional or your child support lawyer.

How a Divorce Lawyer Can Help

The best way to ensure you’re getting the full amount of alimony you may be entitled to receive or paying the correct amount to your ex is to seek the counsel of an experienced family law attorney. A lawyer who knows the ins and out of divorce law and spousal support in Oregon can protect your rights and interests and provide compassionate legal support throughout the process.

Contact Our Family Law Attorneys in Oregon  

Johnson and Taylor litigates personal injury, divorce and family law and estate planning and probate cases. Our divorce and family and estate planning and probate lawyers serve clients in Marion, Polk, and Linn County and other surrounding communities. Our caring, dedicated team includes Spanish-speaking attorneys who understand that hashing out issues such as alimony and child support can be challenging. Contact us online or call us at 503-990-6641 to schedule a consultation.

If an Uber Driver Causes an Accident Is the Company Liable in Oregon?

Rideshare apps such as Uber and Lyft have revolutionized the transportation industry. Although these services are convenient, rideshare accidents can leave injured victims wondering who will pay for their medical bills, wage loss, and other damages. At Johnson and Taylor, our personal injury lawyers know how to determine fault in a vehicle accident and have helped clients throughout Oregon recover the compensation they need to protect their health and finances.

Filing Insurance Claims After a Rideshare Accident

In Oregon, regardless of who is at fault for an accident, your own personal injury protection (PIP) insurance pays for your medical bills, wage loss, and other accident-related expenses. However, if you don’t have car insurance, your medical bills exceed your coverage amounts, or you want to pursue compensation for damages like pain and suffering, you’ll have to file a claim with a negligent party’s insurer.

Typically, Uber and Lyft drivers are independent contractors, not employees of a company. This means that in most cases if you’re involved in a rideshare accident caused by an Uber driver, you’ll have to file a claim with their personal insurance company first. However, if the driver’s insurance doesn’t cover all your damages, you may be able to recover compensation from the rideshare company.

It’s also important to know that for any damages to be covered by Uber or Lyft, a driver must be logged into the app when the rideshare accident occurred. Not only that, if another motorist was partially at fault for causing a crash, it may be necessary to file a personal injury claim with their insurance company as well.

Dealing With Multiple Rideshare Accident Claims

Personal injury claims involving more than one insurer get complicated very quickly. Dealing with insurance adjusters and piles of paperwork is frustrating and overwhelming when you’re trying to recover from an injury. Whether you were injured as a rideshare passenger, an occupant of another vehicle, or as a pedestrian or bicyclist, it’s crucial to seek the counsel of an experienced vehicle accident lawyer if you’ve been hurt in a rideshare crash. An attorney can evaluate your case, help you understand how personal injury law works in Oregon, and assist you with pursuing compensation from all available sources.

Uber Insurance Coverage Limits

If the driver was logged into the app and waiting for a ride request when an accident occurred, Uber’s insurer may provide $50,000 in bodily injury coverage per person, $100,000 per accident, and $25,000 in property damage liability.

If an Uber driver is on the way to pick up a rider or is carrying a passenger in the vehicle, Uber’s insurance company may provide up to $1 million in coverage. This includes uninsured/underinsured motorist coverage and contingent coverage for property damage.

If an Uber driver is logged out of the rideshare app when an accident occurs, damages will not be covered by the rideshare company.

Types of Damages in Rideshare Accident Cases

Just because Uber may offer insurance coverage in some cases, it doesn’t mean it’s easy to recover a fair amount of compensation for your injuries. That’s why it’s essential to hire an experienced vehicle accident lawyer who can help you file a personal injury lawsuit if necessary.

Depending on the specific circumstances, an auto accident attorney may be able to help you recover  compensation for:

  • Past and future medical bills
  • Wage loss
  • Loss of earning capacity
  • Emotional distress
  • Pain and suffering
  • Loss of enjoyment of life
  • Loss of companionship and consortium

Having a skilled personal injury lawyer negotiate with insurers on your behalf significantly increases your chances of recovering a fair settlement or award. You need to hire someone with a deep knowledge of Oregon personal injury law.

Contact Our Car Accident Attorneys to Learn More

At Johnson and Taylor, our personal injury attorneys keep up on the latest developments in rideshare injury law. Our experienced team includes Spanish-speaking attorneys and staff. We’re dedicated to helping rideshare accident victims throughout the state of Oregon get the compensation they deserve. Contact us online or call 503-990-6641 to schedule a free consultation. Our personal injury lawyers serve to Johnson and Taylor litigates personal injury, divorce and family law and estate planning and probate cases. Our personal injury lawyers serve clients in Salem, Eugene, Bend, the Oregon Coast, Medford, and throughout the entire state of Oregon.

How Is Child Support Determined in Oregon?

Making sure your children have everything they need to live a healthy, happy life is a crucial part of parenting. In Oregon, both parents are obligated to provide financial support for their children based on child support guidelines as outlined by the state. Whether you are going through a divorce, custody, or need assistance with child support enforcement, our family law attorneys at Johnson and Taylor can help.

Factors Considered When Calculating Child Support

Several factors are used to determine the amount of child support payments in Oregon. The children’s specific needs, each parent’s income and ability to pay, and the amount of parenting time are all considered by the court. In addition, one or both parents are responsible for covering the cost of childcare, medical care, health insurance, and educational needs. Financial obligations such as debt, spousal support, union dues, and other expenses are taken into consideration as well.

Calculating Child Support

Although Oregon offers a calculation tool based on state child support guidelines, it’s important to seek the counsel of an experienced child support lawyer to ensure the amount you end up paying or receiving is fair. You’ll need to gather information such as the monthly gross income for you and your co-parent, spousal support, social security or veteran’s benefits, and other similar expenses or income. Using the Oregon parenting time calculator can help you figure out the average number of annual overnights the children are with each parent.

In addition to disclosing any income and expenses you have, you’ll provide information such as:

  • Childcare costs for the children you share
  • Childcare costs for any children from other relationships
  • Health insurance coverage costs for you and your children
  • Social security or veterans’ benefits the children receive due to a parent’s disability or retirement
  • Other income and debts

Although the calculator estimates how much child support you will receive or be required to pay, a parent’s actual enforceable obligation can only be established by an administrative or court order.

Disputing the Amount of Child Support

If you believe the amount you are to receive or pay is inappropriate, a child support attorney can help you challenge it in a court hearing. You must present reasons you think the amount is unreasonable, and a judge will decide whether to modify payments after considering the following factors:

  • Other financial resources
  • Reasonable necessities
  • Net income, particularly after payment of joint debt
  • Ability to get a loan or borrow money
  • Needs of other children or dependents
  • Special hardships
  • Whether the custodial parent is to remain a full-time parent and homemaker
  • Tax implications
  • Income of another spouse or live-in partner
  • Evidence that children are not living with either parent
  • The return on capital
  • Education costs such as room, board, tuition, and fees
  • Other factors that impact the children’s well-being and a parent’s ability to pay

If you’re a paying parent, it’s important to keep in mind that child support will not be reduced simply because you work less or not at all. If you’re unemployed or underemployed and have the potential to work more, the court may add prospective income you could be making.

When a Parent Refuses to Pay Child Support

Unfortunately, many people have trouble collecting child support payments from their co-parent. Known as the obligor, the paying parent is supposed to make child support payments on time and in full each month. An obligor cannot shirk their responsibility by simply failing to pay. If you’re having a problem collecting child support, a child support lawyer can help you take legal action. The state can garnish the obligor’s wages, collect tax refunds, place a lien on their property, and may suspend their passport and driver’s license.

A parent who doesn’t pay their court-ordered child support is considered in contempt of court. This means an attorney can help you make them appear in front of a judge to explain why they’re not paying. If they fail to show up, a warrant may be issued for their arrest.

When a Parent Can’t Pay Child Support

If you have been ordered to pay child support and can’t meet your monthly obligation due to unforeseen circumstances, a family law attorney can help you file a support modification that explains why you need a reduction. You must present evidence that shows why you do not have the income to pay. Whether it’s due to a job loss, illness, or another reason, you should contact your child support attorney as soon as possible.

Contact Our Child Support Lawyers in Oregon

At Johnson and Taylor, we understand that issues like child support can cause emotional and financial upheaval in families. Our Spanish-speaking attorneys are well-versed in Oregon child support law and always keep your children’s interests at the forefront. Johnson and Taylor litigates personal injury, divorce and family law and estate planning and probate cases. Our divorce and family and estate planning and probate lawyers serve clients in Marion, Polk, and Linn County and other surrounding communities. Contact us online or call 503-990-6641 to schedule a consultation.

Stayton, OR – One Killed in Two-Car Crash on Hwy. 22E

Stayton, OR (August 21, 2022) – A woman was killed in a two-vehicle accident in Stayton on Saturday, August 20th. The collision happened just after 11:00 a.m. on Highway 22 east near Golf Club Road Southeast.

The Oregon State Police was dispatched to the accident scene. According to officials, a classic car was on the highway off-ramp when the driver attempted to stop the vehicle but was unable to do so. The car collided then collided with a Dodge Caravan. The car then rolled onto its side before coming to rest.

The driver of the car, a 70-year-old man, was taken to a hospital for treatment of serious but non-life-threatening injuries. His 70-year-old female passenger died at the scene. The driver of the minivan was not injured.

Police are still investigating the accident at this time. There is no further information available.

We would like to offer our thoughts and best wishes to those affected by this fatal car accident in Stayton.

Fatal Car Accidents in Oregon

Each day we get into vehicles to get to and from certain destinations. While we spend a good portion of our time in a vehicle and on the roadways, no one ever expects to be involved in a serious crash. The reality, however, is that these accidents occur every day on our state’s roadways.  Most often, negligent drivers are the culprit as careless driving behaviors can cause a major accident to take place in a matter of seconds.

The cause of each collision must be looked into thoroughly by authorities. Following a crash investigation, at least one driver will normally be determined to be a fault for the accident. In cases where an innocent victim is injured or killed, the innocent party can have certain legal rights. If you have lost a loved one, our condolences go out to you. While this is a difficult time in your life, you should speak with an attorney right away regarding your legal rights. An attorney can advise you on what needs to be done to exercise your rights and to seek compensation in connection with the accident.

Here at Johnson & Taylor, our experienced Stayton car accident lawyers can help during your time of greatest need. Our team knows what you are facing and we can help take some of the stress and the burden off of your shoulders. While we cannot change the fact that the crash occurred, we can help you get valuable compensation that can help you as you move forward along the path to recovery.

Our firm is standing by and we are ready to help you at any time. We always provide a free consultation and case evaluation for all potential and prospective clients. It is important to speak with a competent attorney as soon as possible following the crash. Before you sign anything or talk to the insurance company, you should have a full understanding of your rights. To schedule your free consultation with one of our car accident attorneys in Stayton, please reach out to us using the link on our website or give us a call at (503) 990-6641.

Note:  Our team of writers utilizes secondary sources when creating these accident news posts. These sources include local and state police incident reports, news media outlets, social media posts, and at times, eyewitness accounts about accidents in and around Salem, Oregon. We have not independently verified all of the facts surrounding this accident. If you locate something incorrect in our post, please contact Johnson & Taylor right away so that we can correct the post with the updated information. We will take this post down if requested.

Disclaimer: The photo used in this post was not taken at this accident scene. This is not a solicitation for business.  None of the information provided in this post is intended to be legal or medical advice. 

Lincoln City, OR – Three Killed in Two-Car Crash on Hwy. 101

Lincoln City, OR (August 20, 2022) – Police in Lincoln City were called to the scene of a multiple fatality crash on Tuesday, August 16th. The accident happened around 10:40 a.m. on US Highway 101 near milepost 122.

According to an initial report, a 31-year-old man was driving a Chevy S-10 Blazer in the southbound lanes of Highway 101 when he crossed the center line of the roadway. The Blazer collided head-on with a dump truck operated by a 69-year-old man from Otis. The Blazer came to rest in the northbound lanes while the dump truck traveled down an embankment.

The driver and a passenger in the Blazer were killed in the crash, along with the driver of the dump truck. The road was closed for approximately six hours while police conducted an investigation. At this time, it is not clear what caused the accident to occur.

There is no further information available.

We would like to extend our thoughts and condolences to those affected by this fatal car accident in Lincoln City.

Fatal Accidents in Oregon

There is certainly nothing more devastating or heartbreaking than the loss of a family member in an Oregon car accident. Sadly, approximately people 500 people are killed in crashes that take place on Oregon’s roadways each year. The victims of these crashes are frequently involved in a crash due to the negligence of the other driver and are not at fault for the collision.

If you or a loved one have been affected by a crash, it is important to have a complete and thorough understanding of your legal rights. Under Oregon law, a wrongful death suit can be brought against a driver who was at least partially responsible for an accident. The amount of recovery is determined upon numerous factors but it is important to have a skilled attorney who can review your case and help you determine how to best move forward with your claims.

In the unfortunate aftermath of a crash, you should know that people are on your side. Here at Johnson & Taylor, we take great pride in helping our clients obtain a better future. We will always fight for the compensation that you need and deserve to help offset many of the unexpected events that happen as a result of a serious car accident. We are here to make sure that you are protected and that you can focus on the things that are most important in your life rather than having to worry about the details of a legal case.

Our team stands ready to take your call at any time. We always provide a free consultation and case evaluation for all potential and prospective clients. During the consultation, we will review your case in detail and help you formulate a plan to win. We do not take these matters lightly and treat them with the care and compassion that they deserve. To schedule your appointment with a Lincoln City car accident lawyer, please reach out to us using the link on our website or give us a call at (503) 990-6641.

Note:  Our team of writers utilizes secondary sources when creating these accident news posts. These sources include local and state police incident reports, news media outlets, social media posts, and at times, eyewitness accounts about accidents in and around Salem, Oregon. We have not independently verified all of the facts surrounding this accident. If you locate something incorrect in our post, please contact Johnson & Taylor right away so that we can correct the post with the updated information. We will take this post down if requested.

Disclaimer: The photo used in this post was not taken at this accident scene. This is not a solicitation for business.  None of the information provided in this post is intended to be legal or medical advice.