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So far Rizk Law has created 33 entries.

GREEN Means RED: Oregon’s Misunderstood Crosswalk Laws

Most Oregon drivers know to stop for pedestrians, walking within a marked cross walk when the pedestrian has the right of way as indicated by a green light or pedestrian walk signal.  What many Oregon motorist don’t know is that under Oregon law, a crosswalk exists at EVERY intersection, whether or not the crosswalk is marked.  ORS 811.028

A reasonable question to ask might be, “If a crosswalk exists at every intersection, where is the cross walk in an intersection without a marked crosswalk? Answer:  Where one would expect the crosswalk to be: an imaginary connection of sidewalks on […]

Misleading Sign May Cause Head On

Wrong WayHard Left would ends in head on collision: S.W. Bancroft @ Macadam in Portland.

I notified ODOT moments ago about this.

By |April 10th, 2015|Auto Accidents, General News|

“Normal” image, Serious injury

The best evidence in any personal injury case is “objective”. A classic example of objective evidence is an x-ray. An x-ray showing a break is very strong evidence of injury. But a “normal” x-ray does not rule out injury, only a broken bone. Negative x-rays leave open the possibility of ligament, facet, cartilage muscle and other soft tissue. Defense lawyers tend to dismiss soft tissue injuries, but the reality is soft tissue injury can be very serious and often painful.

Computerized tomography (CT or CAT Scan) produce a better, more specific image through slice pictures of tissue. CT scans can […]

By |April 8th, 2015|Brain Injury|

Do not obey

 

In 1961 Yale psychologist Stanley Milgram performed “shocking” experiments which revealed human bias toward following orders—even in the face of evidence that compliance caused harm (in the form of a shock) to others.

After a car crash you promptly and dutifully call your insurer to provide the details. Your auto insurance co. sends you a packet with forms asking about the accident, your wages, your medical providers and Medicare eligibility. Your insurer also asks that you sign and return a medical release. Generally speaking, you should provide your auto insurance carrier the information it needs to evaluate and pay medical […]

By |March 25th, 2015|Insurance Law|

More Insurance in Oregon for Seriously Injured

On January 1, 2016 persons seriously injured in an Oregon motor vehicle crash will have access to more insurance proceeds when SB 411 becomes law. The new law will require the insurer for the driver at fault to pay the injured persons before repaying the PIP medical insurer. The new law will also allow the injured person to access the at fault drivers limits PLUS coverage under his own policy to the extent the at fault driver’s policy is insufficient to pay the loss. This change will be a huge help to auto injury victims.

By |March 20th, 2015|Auto Accidents, Personal Injury|

Oregon Traffic plea or conviction not proof of negligence

 

A careless driver smashes into you. He gets cited for careless driving, pleads guilty and is convicted. Pretty good evidence of negligence for your injury claim, right? Maybe not.

In Oregon, a plea, judgment or conviction of a traffic crime is not admissible in a later civil trial arising from the same facts. See, ORS 41.905 and 153.108 (2). Even though the plea, judgment or conviction is inadmissible, the facts that led to the conviction are often admissible. Often prosecutors will happily share evidence that led to the conviction to help establish liability in the civil personal injury matter.

By |March 2nd, 2015|Auto Accidents, Insurance Law|

NEW Underinsured Motorist “Stacking” Legislation-Oregon

 

You were in an auto accident. The driver of the other car admits fault, but only has $25k liability coverage and your losses are $50k. You have $25k of underinsured motorist coverage under your own auto insurance policy.

So you next call your own insurance company to ask them to kick in $25k of underinsured motorist coverage under your own policy to you will be made whole ($25k from the bad driver’s insurance company + $25k from your own insurer per your underinsured motorist coverage). Do you get the extra $25k from your own insurer? In other words, does your […]

By |February 25th, 2015|Auto Accidents|

Contrasting two news characters

 

Bob Simon died yesterday in tragic car accident. He was a “reporter’s reporter” recalled CBS anchor Scott Pelley this morning. Time and time again, Mr. Simon would search for the true news, with little regard for his own safety.

Bob Simon has earned many awards for his insightful and courageous journalism. He is known for his battlefield coverage of the Vietnam War. He was held captive in Iraq for 40 days in 1991. Bob deplored injustice and was not afraid to directly confront bullies. Mr. Simon sought the truth without fear. He was the reporter another high flying former anchor […]

By |February 12th, 2015|Misc|

We take 100% responsibility….Not!

 

You are hurt in an accident. You contact the adjuster for the party at fault. Then, of course, you dutifully describe the accident and your injuries. “Don’t worry we accept full responsibility” says the adjuster for the bad actor. “Whew! you think….what a relief” you think. Not so fast.

Every personal injury case necessarily involves three questions:
1. Is the act covered by insurance?
2. Who is at fault?
3. What are the damages?

When an opposing adjuster says something like “We accept full responsibility”, he most likely means that 1. Insurance coverage exists for this loss; and 2. Our guy is at […]

By |February 3rd, 2015|Auto Accidents, Insurance Law|

Traumatic Brain Injury? Make an appointment with a Neurologist ASAP

 

A traumatic brain injury is an injurious trauma to the head, more commonly described as a “concussion”. Not all concussions are the same.

The American Academy of Neurology sets three grades of traumatic brain injury:
Grade 1– No loss of consciousness. Difficulty conversing. Confusion. Headache. Symptoms resolve in about 15 minutes.
Grade 2– Same as above but symptoms are more severe and last longer than 15 minutes.
Grade 3– Any loss of consciousness.

Neurologists are sought after and usually have tight schedules. Not all traumatic brain injuries show up on CT or MRIs. If you have had a Grade 2 or 3 traumatic brain […]

By |January 29th, 2015|Misc|