Legal Question in Personal Injury in Oregon

Whose at Fault?

I was recently involved in an auto accident where I was getting ready to make a left hand turn (I was at a stop sign). Parked (illegally - in a yellow curb zone and directly in front of a fire hydrant) to my left (on the cross street)was a company moving truck (we did get the name and license plate number of the truck). This impaired my visibility totally. There was a space between the back of the truck and the car that was parked behind him. I waited several minutes and watched that space and didn't see any cars go by so I proceeded through the stop sign making my left hand turn when I was hit from by a car coming from my left. The front end of their car smashed into the driver's side of my car. I was very concerned because I am 17 weeks pregnant! I also have been suffering back/neck/shoulder pain. My question is -- is the driver (or company) of that illegally parked van at all responsible for this? It would seem to be that they would have to be since he was illegally parked and if he hadn't been illegally parked the accident never would have happened? Thank you for your response.


Asked on 6/04/99, 11:56 am

1 Answer from Attorneys
Richard Sly Richard Sly Attorney-at-law

Re: Whose at Fault?

While there is merit to the argument that the parked truck contributed to the collision, there will surely be the counter-argument that you were obligated to tread cautiously given your obstructed view- and that you were as negligent as the illegally parked truck driver. The results are fact driven. A jury would be asked to determine what behavior was reasonable under the circumstances then existing.

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Answered on 6/10/99, 2:25 pm


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