Category Archives:

How Pre-existing Conditions Can Impact Car Accident Claims in Oregon

Auto accident claims are multifaceted and can be particularly complex when an injury aggravates a pre-existing condition. At Johnson and Taylor, our car accident attorneys help personal injury clients throughout Oregon understand how pre-existing conditions may affect their case and how our lawyers can maximize their chances of a successful claim.

New Injuries and Aggravation of Pre-existing Conditions

One key factor that has an impact on a car accident claim is determining whether an injury existed prior to a crash or was a direct result of the collision. Although people with pre-existing conditions may be more susceptible to certain types of injuries, if an accident aggravates existing injuries or causes new ones, they may be entitled to compensation for damages.

For example, if a whiplash injury sustained in a car accident exacerbates a pre-existing condition such as a herniated disc, you may be able to recover compensation for treatment of both the whiplash injury and the aggravation of the herniated disc. Proving that a crash aggravated a pre-existing condition can be challenging, so it’s important to have an experienced car accident lawyer in your corner.

Proving Causation

Although proving causation is part of any personal injury claim, it can become especially complex when pre-existing conditions are involved. Insurance companies do whatever they can to minimize payouts and deny claims, so they may argue that injuries sustained in an accident were mainly due to pre-existing conditions rather than the accident itself.

To dispute this claim, you must demonstrate that the crash was the proximate cause of your injuries. This means that it was the direct and foreseeable outcome of the negligent party’s actions. Medical evidence that documents the nature and extent of your pre-existing condition and the treatment or management of it can help show that a collision caused it to worsen. Medical opinions and expert testimony can also provide compelling arguments to establish a causal link between the crash and an aggravated pre-existing condition.

Disclose Pre-existing Conditions to Your Car Accident Attorney

Always be honest with your personal injury attorney about any pre-existing conditions you may have. Insurance companies often conduct extensive investigations and may explore your medical history. If you fail to disclose a pre-existing injury, your claim could be denied and you could even be sanctioned by the court. However, it’s important to speak to a car accident attorney before giving insurance adjusters any access to your medical records. Your auto accident lawyer will know the best course of action to work toward a successful claim settlement.

Mitigation of Damages

After a car accident, injured victims have a duty to mitigate their damages. This means that they must seek proper medical treatment for new injuries and aggravated pre-existing conditions. Failure to do this can impact the amount of a potential settlement or result in your claim being denied.

Insurance companies usually scrutinize your medical records to determine whether you’ve taken action to mitigate damages. It’s critical to follow your doctor’s recommendations, attend all medical and rehabilitation appointments, and keep detailed records of treatment and medical expenses.

How an Oregon Car Accident Attorney Can Help with Claims Involving Pre-existing Conditions

An experienced auto accident lawyer can provide invaluable guidance throughout the personal injury claims process. They can assess your case and advise you of your options for recovering compensation. If you move forward with your claim, they will conduct a thorough investigation, gather evidence, and put it all together to support your case. Your car accident attorney handles all negotiations with insurers and advocates for your rights.

Each case is unique, and the amount of compensation you may be entitled to receive will depend on the specific circumstances. Personal injury attorneys are well-versed in the complex process of calculating damages in claims involving pre-existing injuries. They may be able to help you recover damages such as:

  • Medical expenses
  • Lost wages
  • Loss of earning capacity
  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Loss of companionship and consortium

Our personal injury lawyers give you an honest assessment of your case and the value of a potential car accident settlement or award. We tell you what you need to hear, not just what you want to hear, which is critical to having realistic expectations in claims involving preexisting conditions.

In addition to litigating personal injury cases, we handle probate estate planning and divorce and family law matters. Our personal injury attorneys serve clients in Salem, Eugene, Bend, the Oregon Coast, Medford, and throughout Oregon.

Contact Our Auto Accident Lawyers to Schedule a Free Consultation

At Johnson and Taylor, we care about you and your family and work toward the best possible outcome for your case. If you’ve been involved in a car accident that has aggravated a pre-existing condition, our team is here for you. To schedule a free consultation with a car accident attorney in Salem, Oregon, contact us online or call 503-990-6641. If your condition makes it difficult to travel, we can meet with you at home, by phone, or via Zoom. 

What To Do If You’ve Been Injured in A Rideshare Accident in Oregon

Millions of Uber and Lyft users safely arrive at their destinations every day. Unfortunately, some are not so lucky and are hurt or killed in rideshare accidents. At Johnson and Taylor, our Uber and Lyft accident lawyers help clients throughout Oregon recover the compensation they need after a rideshare crash. Our rideshare accident attorneys offer some tips on what to do if you’re involved in a collision.

Call 911

Check yourself and others for injuries and call 911. Wait for the police to arrive and answer any questions they may have for you. Obtain a copy of the police report at the scene if possible – these reports provide valuable evidence you’ll need when filing insurance claims.

Collect Information and Document the Scene

Get your rideshare driver’s name, insurance, and contact information. If multiple vehicles were involved in the crash, obtain all other drivers’ insurance information as well. Take photos of damage to vehicles, your injuries, and the scene. Use your phone’s notepad or recorder to document everything you remember about the accident. Ask for contact information from any witnesses. Collecting as much evidence as possible can help your Uber or Lyft accident attorney put together a strong case.

Seek Medical Attention

Going to the emergency room or another doctor right away ensures your injuries are properly diagnosed and treated. Medical records also provide vital information you’ll need when filing an insurance claim. Even if you don’t think you’re seriously hurt, symptoms of some injuries don’t appear right away, so it’s recommended to get checked out by a doctor. Follow all of your healthcare provider’s recommendations for treatment and rehabilitation. Make sure to keep copies of your medical records, bills, and any other accident-related expenses.

Report the Accident to the Rideshare Company

You can report an accident in the Uber and Lyft apps. Although you’ll need to provide details about the accident and your injuries when you report the crash, do not talk to the rideshare company’s representatives or insurance company without speaking to a rideshare accident attorney first.

File Insurance Claims

Both Uber and Lyft require coverage for injured passengers. However, it doesn’t mean they will automatically pay for your medical bills or other damages. If the driver was not logged in on the app at the time of the accident, the rideshare company may not cover anything at all. In this case, you may have to file a claim with the driver’s personal auto insurance company.

Even if you were a passenger in a rideshare accident, report the crash to your own auto insurance company. Depending on the circumstances, you may need to access your personal injury protection (PIP) benefits to cover your medical costs and wage loss.

Contact an Oregon Uber or Lyft Accident Attorney

Do not give a statement to any insurance adjusters, sign anything, or accept a settlement without first speaking to an Uber or Lyft accident lawyer in Oregon. Injured victims often miscalculate the physical, emotional, and financial costs of being hurt in an accident. An experienced personal injury attorney can evaluate your case and advise you of what it may be worth. They can also explain the process for filing multiple claims if necessary and the most effective course of action for obtaining the full amount of compensation you need and deserve.

A rideshare accident lawyer may be able to help you recover compensation for damages such as:

  • Past and future medical expenses
  • Past and future wage loss
  • Loss of earning capacity
  • Pain and Suffering
  • Emotional distress
  • Loss of companionship and consortium

Rideshare accident claims can be complex. It can be overwhelming and stressful to deal with multiple insurance claims as well. A Lyft or Uber car accident attorney handles all communications and negotiations with insurers so you can focus on your recovery. They fight to protect your rights and give you the best chance of recovering maximum compensation in a rideshare accident claim.

At Johnson and Taylor, our Uber and Lyft accident lawyers are dedicated to helping make things right for injured victims. In addition to litigating personal injury cases, we handle divorce and family law, probate, and estate planning matters.

Contact Our Rideshare Accident Lawyers to Schedule a Free Consultation

To schedule a free consultation with a rideshare accident attorney in Salem, Oregon, contact us online or call 503-990-6641. If your condition makes it difficult to travel, we can meet with you at home, by phone, or via Zoom. Our personal injury attorneys serve clients in Salem, Eugene, Bend, the Oregon Coast, Medford, and throughout Oregon.

Steps to Take After Being Injured in a Car Accident in Oregon

Being injured in a car accident can be a traumatic experience, but knowing what to do after a crash can help protect your health and your interests. At Johnson and Taylor, our car accident attorneys help personal injury victims throughout Oregon understand their rights and why it’s so important to take these vital steps after a collision.

Call 911

Even if a crash seems minor, it’s important to report it to the police. Check to see if anyone is injured and call 911. If you’re in a dangerous spot and able to move, get to a safe location. It’s best not to move vehicles if possible. A police report provides valuable documentation of an accident, and your attorney will need it should you decide to file a personal injury claim for car accident injuries.

Gather Information

Exchange contact and insurance information with other drivers involved in the accident. If there are any witnesses to the crash, ask for their contact information. Their statements are vital when your car accident attorney investigates to determine fault.

Document the Scene of the Accident

Take photos of the accident scene, damage to vehicles, road conditions, and any relevant signs or signals. Jot down or record everything you remember about how the crash happened. Memories fade and evidence can be lost. Documenting it while the details are still fresh in your mind can help support a car accident injury claim.

Seek Medical Attention

Even if you feel fine, symptoms of some injuries don’t appear right away. Going to the emergency room can help to ensure all your injuries are diagnosed and treated. It’s also important to keep all medical appointments and follow recommended treatment plans.

If you decide to file an injury claim for a car accident, medical records are an essential element of demonstrating the severity of your injuries and how they have impacted your life. Car accident lawyers recommend that you save all medical bills as well, including those for medication and treatment co-pays.

Keep a Journal

A journal provides valuable evidence should you decide to file a car accident injury lawsuit or claim. Daily documentation of your physical, mental, and emotional condition can demonstrate the extent of your injuries, pain and suffering, and how the accident has impacted your life and ability to do things you enjoy.

Contact a Car Accident Attorney

It’s vital to contact an Oregon car accident lawyer as soon as possible after a crash. Do not give a statement to insurance adjusters, sign anything, or accept a settlement without seeking the advice of a qualified attorney. Insurers are always looking for ways to minimize payouts and deny claims and may twist your words to make it appear that you are at fault.

If you’ve suffered serious car accident injuries and you’re unable to make contact, have a loved one get in touch with a personal injury lawyer for you. A car accident lawyer can evaluate your case and advise you of whether you have a viable personal injury claim or grounds to file a car accident injury lawsuit. If you go ahead with a car accident injury claim, your personal injury attorney will handle all negotiations with insurers and fight to help you get the fair compensation you need and deserve.

How Long After a Car Accident Can You Claim Injury in Oregon?

Under Oregon law, the statute of limitations for filing a personal injury claim is normally two years. Although this may seem like a long time, it’s important to act fast after an accident. Gathering evidence and speaking to witnesses as soon as possible can give your personal injury attorney a better chance of winning your car accident injury lawsuit. A motor vehicle lawyer can also provide the compassionate legal support you need and keep you updated on the progress of your car accident injury claim.

Our Attorneys Can Help If You’ve Suffered Car Accident Injuries in Oregon

Our car accident attorneys have a solid reputation in the Oregon legal community and are well-respected by judges and colleagues. Our experienced team includes Spanish-speaking attorneys and staff who can assist you with your car accident injury claim. We care about you and your family and fight to help you get the maximum compensation you need to heal and move on after suffering car accident injuries.

Contact Our Car Accident Attorneys to Schedule a Free Consultation

Our car accident lawyers at Johnson and Taylor serve clients in Salem, Eugene, Bend, the Oregon Coast, Medford, and throughout Oregon. In addition to litigating personal injury cases, we handle divorce and family law, estate planning and probate matters. To schedule a free consultation with a car accident lawyer in Salem, Oregon, contact us online ;or call 503-990-6641. If your condition makes it difficult to travel, we can meet with you at home, by phone, or via Zoom.

Are Drivers Becoming More Aggressive than Ever?

Aggressive driving is a serious problem that plagues roadways in the U.S. Although many drivers keep their cool and are conscientious about safety, distracted and aggressive driving accidents are on the rise. At Johnson and Taylor, our vehicle accident lawyers strive to be aware of changing laws regarding aggressive driving to better serve our clients.

What is Aggressive Driving?

The National Highway Traffic Safety Administration (NHTSA) defines aggressive driving as “the operation of a motor vehicle in a manner that endangers or is likely to endanger persons or property.” Many motorists practice unsafe behaviors that are considered aggressive by the American Automobile Association (AAA). Aggressive driving examples include:

  • Tailgating
  • Running red lights
  • Weaving in and out of traffic
  • Excessive speeding
  • Speeding in heavy traffic
  • Slowing down after cutting in front of another vehicle
  • Failing to signal when changing lanes
  • Preventing other cars from passing or changing lanes
  • “Punishing” other drivers with bright headlights or by sudden braking

In extreme cases, aggressive driving escalates to road rage. Obscene gestures, yelling, cursing, threatening, throwing objects, sideswiping, ramming, or forcing a driver off the road are all considered instances of road rage. If you’ve been injured in an accident caused by distracted or aggressive driving, an experienced motor vehicle accident lawyer can work to establish a car accident fault and help you pursue a personal injury claim.

Aggressive Driving Statistics

Car accidents, serious injuries, and motor vehicle fatalities caused by aggressive driving or road rage are increasing in the U.S., according to the National Highway Traffic Safety Administration (NHTSA). From 2006 to 2015, fatal car crashes linked to aggressive driving climbed almost 500%. Today, an estimated 66% of traffic fatalities are caused by road rage and aggressive driving behaviors such as speeding. Aggressive driving is one of the most common contributors to car accident injuries and fatalities in Oregon as well.

According to a 2019 survey from the AAA Foundation for Traffic Safety’s 2019, nearly 80% of drivers experienced considerable anger, aggression, or road rage in the previous 30 days. An estimated 32% honked or made rude gestures at other drivers, 31% ran red lights, and 48% drove 15 mph or more over the speed limit on a highway.

What You Can Do to Prevent Aggressive Driving

In the heat of the moment, many drivers don’t consider the physical, emotional, and financial impact of being hurt or losing someone in an accident. Vehicle accident lawyers deal with the aftermath of aggressive driving crashes all too often. They offer some tips for managing your own behavior and dealing with aggressive motorists.

One of the simplest things you can do to avoid aggressive driving is to follow the rules of the road and practice defensive driving.

Our Car Accident Attorneys Can Help If You’ve Been Hurt in an Aggressive Driving Crash

It can be challenging to establish fault in a car accident after an aggressive driving crash. Our personal injury lawyers at Johnson and Taylor thoroughly evaluate your case and advise you of your options for recovering compensation. Our car accident lawyers serve clients in Salem, Eugene, Bend, the Oregon Coast, Medford, and throughout Oregon. Our experienced team includes Spanish-speaking attorneys and staff who can assist you with your aggressive driving injury lawsuit or claim.

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.