Oregon Accidents

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standing to sue

A person or organization has standing to sue when they are legally entitled to bring a case because they were directly affected by the dispute and the court can potentially...

This is my second crash in a Corvallis work zone, and now the contract is the fight

A painter on a Corvallis commercial site got hit in a confusing work zone and now has two fights: not enough insurance and a contract clause nobody bothered to explain.

ARTICLE by Jesse Kowalski

my parked car got hit in Portland and now insurance says there's an exclusion

A Portland physical therapist comes back to a smashed parked car, the other driver is gone, and the real fight becomes whether a policy exclusion wipes out coverage.

ARTICLE by Tanya Richardson

intermediate scrutiny

This can change whether a law, workplace rule, or government policy survives a court challenge - and that can hit your case outcome hard. If a judge uses intermediate scrutiny,...

equal protection analysis

Miss this issue, and a government rule that singles people out can slide by untouched. That can mean unequal treatment in policing, licensing, benefits, school discipline,...

procedural due process

Losing benefits, a job, a license, or a legal claim because the government moved too fast or shut you out can hit your finances hard. When a decision affects your rights or...

Another crash, another fight over who gets your money first

An Amazon van ran a stop sign, the driver had a suspended license and no active policy, and now the real mess is figuring out why your settlement already has other hands in it.

ARTICLE by Janet Yamamoto

Handling a Tire Blowout Crash Insurance Dispute

A tire blowout on an Oregon highway can turn into a fight over fault fast, especially when the insurer tries to shrug it off as nobody's problem.

ARTICLE by Jesse Kowalski

federal preemption

The part that confuses people most is that a state law does not have to directly conflict with federal law to be pushed aside. Federal preemption happens when federal law...

Gresham claim going nowhere? A silent insurer after a sidewalk crash can backfire

A Gresham Amazon Flex driver hit on a sidewalk does not lose the claim just because the insurer goes silent, and Oregon law gives the driver real leverage.

ARTICLE by Pavel Novak

mitigation of damages

A claim can lose value if an injured person lets avoidable losses pile up. That can mean a smaller settlement or verdict, even when someone else clearly caused the accident. At...

First Amendment rights

What protections does the Constitution give for speech, religion, the press, assembly, and petitions to the government? First Amendment rights are the freedoms guaranteed by...

state sovereign immunity

What catches many people off guard is that this is not a rule saying the government can never be sued. It is a legal protection that generally shields a state and its agencies...

Our Uber got clipped cutting through a Bend parking lot and now they're saying the treatment gap ruined the case

A Bend Uber passenger still has a claim after a parking-lot cut-through crash, but a three-month treatment gap gives the insurer exactly the argument it wants.

ARTICLE by Derek Thompson

right against self-incrimination

A person cannot be forced by the government to provide statements that could be used to help prove they committed a crime. "Cannot be forced" means the protection applies when...

separation of powers

Think of a farm with three different jobs that should not be handled by the same person: one group makes the rules, another carries them out, and a third settles disputes when...

Her Salem garage crash looks obvious until the immunity claim hits

The first fight is not just who drove the wrong way - it's locking down the garage evidence before the public agency and insurers shrug and say nothing can be proved.

ARTICLE by Pavel Novak

Fifth Amendment privilege

The right to refuse compelled answers that could help the government prove a crime against you. "Privilege" matters because it is not a blanket right to stay silent about...

I can't afford a lawyer after this Bend crash - am I screwed?

An Amazon Flex driver in Bend got wrecked on a blind curve while working and found out the company had no workers' comp, which changes who can be forced to pay.

ARTICLE by Maria Gutierrez

strict scrutiny

Not the same as a court simply looking at a law very closely or being skeptical of government action in general. Plenty of challenged laws survive ordinary review. Strict...