Legal Question in Personal Injury in Oregon
Motorcycle accident caused by large oil spill
In August 1999. I was traveling the highway at 9 pm. One light turned red so I slowed down. Was approaching a stop doing 10 mph and hit a oil slick. Breaking my collar bone, foot, elbow and ribs. After the accident I call the fire dept. and asked them if they had any word on where it came from. they told me no but it was aprox. 3 1/2 ft wide and a block long. When I looked at the bike, oil had ran down the windshield, could be wiped off my jacket. Excessive amount. i have contacted all police depts. No one has a record of any stops. i wrote in the paper and had one call from a young man who said that he had seen a truck hauling another truck, spilling liquid, and was pulled over by the sherrif. no one knows anything. Can some one be liable for this. my main problem is I have total insurance on the motorcycle, but no medical insurance.
thank you
2 Answers from Attorneys
Re: Motorcycle accident caused by large oil spill
The negligent party would be liable for either creating or failing to warn/remove the oil from the roadway. If in fact the sherriff did pull someone over, then there should be a record. That could give you the name of the person creating the situation. The state could be liable for failing to clean up the known hazard as well.
Sounds like an interesting case and one that has significant value if the responsible parties could be tracked down.
If you want a free consult, call me at 222-0056 in Portland.
Good luck.
Jeff Long
Re: Motorcycle accident caused by large oil spill
You should check with the PUC, as they regulate and monitor some truck travel. Check also the local fire department, the sheriff's office, and ODOT (Dept of Transp'n) in Salem. One of these agencies may have a record of it. ALSO: IF it turns out that a public agency is for some reason negligent, you must comply with the Oregon TORT CLAIMS Act, which requires a special form of NOTICE to specified persons in the particular agency -- and that it is received within 180 days of the date this occurred, or 180 days from the date on which you discovered or reasonably should have discovered that a public agency was responsible. If not, you could be barred from any recovery later. The statute of limitations for negligence is two years.
Sounds like a tough case, but I'd be happy to discuss it further, and give you a free consultation. Our office has an emphasis in motorcycle cases throughout Oregon. Our Portland number is 224-1106.
Good luck.
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