On behalf of Berkshire Ginsberg, LLC posted on Tuesday, December 25, 2012.
Recently, Oregon State Police arrested a semi-truck driver for felony hit and run, following a serious crash that involved a pedestrian. The hit and run accident took place when the driver of a car exited his vehicle on the highway to retrieve a driveline that had fallen onto the highway. He was struck by the semi-truck driver while attempting to retrieve the driveline and the truck driver continued eastbound without stopping. The victim was seriously injured and transported to the hospital. The investigation into the accident is ongoing. Those who leave the scene of the accident prior to fulfilling the duties imposed by law, including rendering aid or leaving required insurance information, risk serious charges with serious penalties. In general, drivers sharing the roadway must exercise reasonable care to prevent injury to others. A failure to do so is considered negligence, and a negligent driver may be required to compensate a party injured by their conduct. In the case of auto accidents, violations of traffic laws can be considered “negligence per se.” Under this legal theory, a party injured by a motorist who was in violation of traffic laws at the time of the accident may be able to claim the driver’s breaking of the law as evidence that the person was negligent. Oftentimes, such drivers will be cited by police for this misconduct. This can be useful to an injured party seeking to prove negligence. For those injured by a hit and run driver, the aftermath can seem overwhelming. An experienced personal injury attorney can help a victim to understand the criminal and civil processes so that they may evaluate their legal options. Source: Auburn Reporter, “Auburn truck driver arrested following serious injury hit-and-run,” Dec. 15, 2012