Bill Berkshire PC

 

 

 

 

 

 

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Panacea Productions

Concentrating in personal injury and wrongful death cases
throughout the Portland metropolitan area.


Injured Passenger

Q:  I was a passenger in a friend's car.  My friend was speeding when another car pulled out from a stop sign.  We hit the other car, and I had to go to the hospital with a broken arm and leg.  The other driver's insurance company said the accident was my friend's fault, since he was speeding.  Is that right?

A:  If your friend was going faster than the speed limit, and his speed contributed to causing the accident, then your friend is partially liable for causing the accident.  However, the other driver also had a duty to yield the right of way to your friend's car.  Since both drivers contributed to causing the accident, you have a claim against both drivers for your medical expenses, lost wages, pain and suffering and any long-term problems you have as a result of your injuries.  You need to pursue claims with the other driver's insurance company and your friend's insurance company.  In the meantime, your friend's insurance should be paying for your medical expenses (up to a  year after the accident and up to at least $10,000) and part of your lost wages if you were disabled for 14 days or more.

 

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Last modified: 08/14/06