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By andersonthomas2736, Aug 3 2016 06:49PM

Hit and run accidents are increasing in major cities and the fatalities are on the rise nationally. Crash information from NHTSA reveals that the fatal hit and run incidents are trending upwards, which represents a 13.7% increase over a three-year period. With such alarming statistics, there is a need for preventive measures alongside educating hit and run victims on what to do after the accident. In this post, we are going to focus specifically on what a hit and run victim should know after the accident.

Stay on the Scene

It is common sense and responsibility to stay on the scene in case you are hit by a vehicle. Though emotions may be high at this time, it is wise to remain at the scene and provide crucial information even if you are not injured. It’s also a good idea to stay on the scene and give assistance to those injured in the accident. Don’t chase the car that has hit you. This may expose yourself and others to greater risks.

Call for Help

For most victims, their first reaction to a hit and run accident will be panic and maybe anger. Before you dwell on such emotions, call for help. Use the 911 or any other hotline to each to law enforcement agencies as well as emergency service providers. Make sure you give clear details about the location of the accident. When someone calls for help after a hit and run, he or she makes it possible for the relevant authorities to document the event. Such documents are very crucial in case the victim decides to file a lawsuit.

Try and Identify the Other Car

Try and identify the other car if possible. While you identify the other car or driver, make sure you jot down the make and model of the car. If you can spot the license plate, write it down too. Don’t forget about the description of the driver. The information about the car will make it easier for the law enforcement department to track it down and arrest the driver. The emergency service provider or insurance company might also need information about the driver and the car. However, don’t be in a hurry to record the information of the other car if you can't. It is possible the authorities will track it down in no time.

Identify Witnesses

Don’t underestimate the power of witnesses in a hit and run accident. Witnesses can be very valuable sources when you want to prove the circumstances that led up to the accident and conditions that surrounded the event. Witnesses may confirm the details and even give crucial information you didn’t know. Ask any witness willing to assist to provide their name and contact information.

Contact an Attorney

It may be in your best interest to contact a car accident lawyer DC trusts immediately after the accident. Contacting an attorney may be the first step in getting the compensation you deserve, while also giving you peace of mind that your case is being handled by a professional. If the insurance company fails to cooperate, an attorney can help negotiate for a higher compensation settlement or even file a lawsuit and fight for your rights in court. He or she may also be able to effectively gather crucial evidence and possibly help identify the hit and run driver. Most lawyers provide free consultation for personal injury cases, so contacting one can be an easy first step in getting the compensation you deserve.

Thanks to our friends and co-contributors at Cohen & Cohen, P.C. for their added insight into hit and run cases.

By andersonthomas2736, Jun 8 2016 09:52PM

Photo Courtesy of Oregon State Police

The Oregon State Police reported that on June 5, 2016 at about 9PM a 2015 Freightliner towing a flatbed trailer was traveling westbound on Highway 20 east of Burns when it attempted to pass a slower moving motorhome in a no passing area (double yellow line). While in the eastbound lane of travel, it encountered an oncoming 2005 Ford Focus. The driver of the focus swerved her vehicle towards the ditch to avoid striking the truck head-on. At the same time, the driver of the truck swerved towards the ditch. The vehicles collided head-on near the fog line of the highway.

The Oregon State Police reported that the driver of the Ford, Sara E ALLISON, age 30, of Boise was pronounced deceased at the scene by emergency personnel. A passenger in the vehicle, Matthew T ALLISON, age 27, also of Boise, was taken by air ambulance to Legacy Emanuel Hospital in Portland for life threatening injuries. The driver of the Freightliner, James W DECOU, age 32, of Roy, Utah, was transported to Harney County Hospital where he was treated and released for minor injuries.

Highway 20 was closed for several hours for investigation of the crash. The Oregon State Police reports that his is an ongoing investigation with potential criminal charges being considered.

In the case of a tragic crash like this the facts indicate that there also is civil liability on the part of the semi-driver and his employer. That is, the truck driver and his employer are liable for damages suffered by the Sara Allison and by her family for this tragic loss and by Matthew Allison for his injuries.

No passing zones may be established on Oregon roads where the road authority has determined that overtaking or passing or driving to the left to the center of the road way would be especially hazardous and that passing in that zone should be prohibited. The road authority then marks the road by a yellow unbroken line on the pavement to indicate that passing is not allowed.

Passing in a no passing zone is a violation of Oregon law which provides in ORS 811.420 that a person commits the offense of passing in a no passing zone if the person drives a vehicle on the left side of a roadway in a no passing zone that has been established and designated to prohibit such movements by appropriate signs or markings posted on the roadway.

Even if there is not a “no passing zone” established on a certain section of roadway, there is another Oregon statute that limits passing. ORS 811.410 provides that (1) A person commits the offense of unsafe passing on the left if the person violates any of the following requirements concerning the overtaking and passing of vehicles:

(a) The driver of a vehicle that is overtaking any other vehicle proceeding in the same direction shall pass to the left of the other vehicle at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.

* * *

(c) The driver of a vehicle shall not drive to the left side of the center of the roadway in overtaking and passing a vehicle proceeding in the same direction unless the left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit the overtaking and passing to be completed without interfering with the operation of a vehicle approaching from the opposite direction or a vehicle overtaken.

When Oregon statutes like these are violated, as they clearly appear to be in this tragic crash, the driver of the semi-truck is not only liable for his negligence, he is strictly liable, meaning that he and his employer are responsible and liable to the injured parties because his conduct in driving was not only negligent, it was negligence per se. That is negligence due to the violation of a law meant to protect the public, such as these no passing laws. Negligence per se differs from ordinary negligence in that a plaintiff alleging negligence per se need not prove that a reasonable person should have acted differently. The conduct (in this case unsafe passing) is automatically considered negligent, and the focus of the claim will be over whether that conduct caused damage to the plaintiff. In this case, the conduct of the semi-truck driver put the truck in the oncoming lane where it was not allowed to be, causing the collision with the Allisons’ vehicle, and all their tragic damages and losses.

At Anderson Law Center, we have over 35 years of experience helping individuals and families navigate the complexities of legal issues involving auto accidents, semi-truck accidents, and wrongful death claims in Oregon. We are licensed in Oregon and Idaho, with our main office in Boise, Idaho. If you need advice or help with a car, truck, semi-truck, commercial vehicle, motorcycle, or bicycle accident, give us a call for a free consultation.

By andersonthomas2736, Dec 22 2015 08:22PM

A LaPine man was killed on December 11, 2015 in a head-on collision with a semi-truck on Highway 97 near Sunriver. The truck driver was traveling south on Highway 97 when he lost control of his truck on the icy roadway. The truck then traveled across the southbound lanes and into the northbound lanes where it crashed into the LaPine man's pick-up truck, a Ford F-350.

The Oregon State Police reported that the semi-truck driver failed to control his 2015 Freightliner on the icy road and caused the head-on collision with the pick-up truck. The truck driver was cited for Failure to Drive Within Lane.

There were two passengers in the pick-up truck who were treated for non-life threatening injuries at St. Charles Bend Hospital. The commercial truck driver also was treated for non-life threatening injuries at St. Charles Medical Center.

Accidents involving semi-trucks often involve significant property damage, severe injuries with large medical bills and lost wages from the time off required during the healing process. Accidents with large trucks such as an 18-wheeler or semi-trailer are five times more likely to cause serious injury or death than accidents between two passenger vehicles. Trucking companies employ lawyers to help them mitigate any costs associated with crashes caused by their drivers, making it more challenging to recover from the trucking company. Therefore, after being involved in an accident with a semi-truck, working with experienced semi-truck accident lawyers is imperative in order to be able to recover just compensation, including one’s current and future medical expenses, lost wages, and pain and suffering claims.

When someone is tragically killed in a trucking accident, the survivors and the estate of the person who died because of the negligence of the truck driver have a claim for their financial losses and their loss of the deceased’s love and companionship.

This time of year, as the winter weather intensifies and the holiday traffic picks up, we encourage all drivers to be careful and cautious as you embark on your travels. Anyone who has been involved in an auto, motorcycle, or truck accident due to another driver’s negligence this season is encouraged to seek legal representation.

Contact Anderson Law Center today to schedule a free consultation to review your legal options and accident-related damages.

By guest, Nov 25 2015 03:17AM

Stay Safe in Holiday Driving

With the holiday season right around the corner, many people will be traveling, putting more cars on the road. Based on our over 30 years of experience helping families and individuals involved in motor vehicle accidents, we have a few helpful tips to keep in mind before you begin your holiday travels to ensure a safe, enjoyable holiday season.

- Always buckle up! Always make sure that everyone in your vehicle is wearing a seatbelt. Make sure children are properly restrained in a child safety seat. This is your best defense in the event of a crash;

- Weather and traffic conditions are extra concerns this time of year. Drive according to conditions, even if that is below the posted speed limit. Make sure to always maintain a safe distance with plenty of room between your vehicle and vehicles in front of you;

- Plan ahead for extra traffic and bad weather. Leave early and give yourself plenty of time to get to your final destination, rushing between Point A and Point B can lead to aggressive driving, speeding, and tickets;

- Remember to always drive sober. If attending a holiday party, plan ahead and designate a sober driver before drinking and give them your keys. If you or a friend become impaired, always call a taxi, a sober friend or family member to pick you up and get you home safely;

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