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Be Aware of the Risks of Van Rollover Accidents

There was another sad story in the news this week about a motor vehicle crash involving a van. Two vans carrying 22 college students collided, injuring 7 students including 2 who were ejected from one of the vans. As the story illustrates, van rollovers often involve a number of seriously injured people. It is also not unusual in van rollovers for some of the passengers to be ejected. Unfortunately, ejected passengers are more likely to suffer catastrophic injuries. One problem often encountered in van rollover cases is that the liability insurance limits involved are insufficient to cover the damages of all the passengers. For example, one of my recent van rollover cases involved 15 passengers who together had incurred more than half a million dollars in medical expenses and lost wages. Unfortunately, the van only had $300,000 in liability insurance limits.  When this situation arises, it is important to have an experienced lawyer who knows how to look for all liable parties. One of the things to consider in van rollover cases is the possibility of a products liability claim against the van’s manufacturer. Some 15-passenger vans are top heavy and prone to rolling over, especially when they are filled […]

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Protecting Yourself and Your Family With Uninsured and Underinsured Motorist Coverage

I’ve seen it too often over the years: A victim of a car crash receives less compensation than they deserve because their recovery is limited to the limits of the at-fault driver’s motor vehicle insurance policy. The reason for this is that most people, and even some businesses, are what we call “judgment proof.” Someone is judgment proof when they are insolvent, i.e., when their debts exceed their assets. Most judgments from a personal injury case (with some exceptions, such as injuries caused by a drunk driver) are dischargeable in bankruptcy. This means that if you obtain a judgment against someone who is judgment proof, they can simply declare bankruptcy and avoid paying anything more than what their insurance will cover. The sad fact is, when facing an at-fault driver who is judgment proof, you’ll probably only be able to collect the limits of that person’s liability insurance policy. In Oregon, the current minimum motor vehicle liability insurance limits are $25,000 per person and $50,000 per accident. ORS 806.070(2). In this day and age, just spending a couple days in the hospital can cost more than $25,000. However, there is a way to protect yourself. Every motor vehicle liability insurance […]

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