On Oct. 5, early, on Highway 99 in Jackson Country Mazda, driven by Dakota Arthur, was driving at a high rate of speed when it slid into a power pole. Mr. Arthur died at the scene. The passenger, Danielle Ramirez, 24, was taken to a local hospital with serious injuries.
Speeding is against the law, but many people choose to speed anyway. In many cases, a speeding ticket is all that happens. But in the worst situations, this reckless behavior can lead to injuries and even death. In these terrible situations, the victims or their loved ones can file a personal injury lawsuit or wrongful death lawsuit to recover damages.
A successful personal injury or wrongful death lawsuit for speeding is based on the concept of negligence. The Oregon citizen who brings the lawsuit must show the driver was negligent. If you are the injured party, you must show the following:
If the driver’s behavior falls short of what a reasonable person would have done, the driver has violated the duty of reasonable care. Some of the conduct that a reasonable driver should engage in include:
The plaintiff must prove that the driver’s conduct caused his injuries. In the above case, it would be easy to prove that the deceased driver caused the passenger’s injuries. While the driver is deceased, a personal injury lawsuit still can be filed against the driver’s estate, an insurance company or both.
The plaintiff must show that he suffered injuries caused by the driver’s negligence. The passenger, in this case, had serious injuries that will be documented to have occurred in the car accident, so this is an easy bar to clear.
If you are injured in a speeding accident, consult an experienced personal injury attorney immediately. At Herron Law Firm we can review your case at no cost to determine if the other driver was negligent and caused your injuries. We will consult you on the importance of documenting your past and future medical costs, lost wages, and pain and suffering. Call us today for FREE information.
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