Serious bodily injury can occur to a driver or any passenger of a car if the occupant of the car is not wearing a seat belt in a car accident in the state of Oregon.

Anytime an occupant of a car in the state of Oregon is injured while not wearing a seat belt there may later be a reduction of the amount the injury victim gets by their percentage of liability for not wearing their seat belt. Oregon law used to impose a harsh 15% reduction of damages one recovers upon showing of proof of seatbelt non use. While Oregon law on seat belt use is now more lenient a proper post collision investigation is ever more important as I have seen many cases where there are issues about whether the injury victim was wearing a seat belt or not. It is common for police and ambulance responders to just get the facts wrong as to whether or not a person was belted correctly. Perhaps one reason for post crash confusion about seat belt use or non-use is the high confusion level following a crash.

While the buckle up law remains on the books the use or non-use of seat belts is something a skilled injury lawyer must always address in their injury case investigation. Current Oregon law allows up to a 5% reduction on damages for non seat belt use. An important argument on any seat belt use case would be whether or not the reduction is relevant based upon what damage the non-use of the seat belt had on the accident victim. Like any good lawyer pitted against another lawyer there always room for argument.

When deciding to get an injury lawyer the first thing to figure out is what state must the lawyer be licensed in. If the car accident occurred in Oregon you will want an Oregon lawyer even if the other at fault driver lived in the state of Washington. Having an Oregon lawyer on an Oregon injury case and a Washington lawyer on a Washington case may ensure that the case gets handled right and there is no dropping of the ball.

Washington state and Oregon state each prohibit the unlawful practice of law by non instate licensed lawyers. Having a Washington lawyer on your Oregon injury case and vice versa may get that lawyer afoul of the state ethics rules. As a lawyer licensed in both states I know that there are unique rules that only an instate lawyer can successfully handle. For example in Washington the law allows a 1/3 reduction under a case called Mahler on PIP (Personal Injury Protection) reimbursement whereas Oregon has no such law. The old adage buyer beware may just rule the roost as the saying goes.

When a car backs up in a parking lot or any similar location (in the state of Oregon or the state of Washington) and hits a pedestrian the driver will, in most cases, be liable for the injuries which result. With more hybrid type cars like the Honda Prius backing up injuries may escalate as most pedestrians are use to the typical sounds made by a full carbon gasoline car.

When a car backs into a person the issue will be whether the driver was negligent by failing to keep a proper lookout. Every driver has a legal duty of care to turn their head and look over their shoulder before backing up. Most backing up pedestrian injury cases occur when the driver fails to look over their shoulder. With a new age in driving now arriving with hybrid electric cars and other non gasoline powered cars the pedestrian once again faces a perhaps uncertain future as cars get quieter and less noisy.