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Questions Answered by Mario F. Riquelme
2 Answers | Asked in Criminal Law, Employment Law, Libel & Slander and Personal Injury for Oregon on
Q: guy we were working for assaulted one of our workers 2x and now refuses to pay us. Says we are trying to extort

He also shoved his way into the camper we were living in and broke our stuff in the process of the 2nd assault. He is also trying to say we stole 10g worth of stuff that he said we could have and we got out of the dumpster. He refuses to pay and says he is keeping everything I purchased for the job... Read more »

Mario F. Riquelme
Mario F. Riquelme answered on Mar 7, 2018

There could be a number of claims here. You may be able to sue for damages in a personal injury case for the assault. If additionally you are not being paid your wages, you could sue for back wages, and in most cases recover not just the back wages, but attorney fees as well. There also appear... Read more »

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5 Answers | Asked in Personal Injury and Car Accidents for Oregon on
Q: If I am hit from behind by someone with car insurance who admits it's their fault and they would pay for the damage.

When I file a claim I later found out I apparently didn't have insurance but I was suppose to have insurance, what happens. My truck is really damage and I have being have a lot of neck and back pain. At first the driver was saying she was going to pay for the damage now she is saying she is not... Read more »

Mario F. Riquelme
Mario F. Riquelme answered on Feb 12, 2018

You may be in a tough position in certain regards if you were driving without insurance, this is the case whether you knew about it or not. In Oregon, you are barred from recovering non-economic damages for a loss that occurs while driving uninsured. There are certain exceptions, but this can get... Read more »

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3 Answers | Asked in Personal Injury and Car Accidents for Oregon on
Q: How do I prove that someone who hit me with their car when I was a pedestrian owed me a legal duty and was negligent?
Mario F. Riquelme
Mario F. Riquelme answered on Jan 10, 2018

This depends on the facts of your case. First you have to figure out what the legal duty was. Generally, drivers of motor vehicles have a duty to avoid collisions of any nature. This duty is heightened when it comes to collisions where pedestrians are likely to be found (crosswalks, etc.) Once... Read more »

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2 Answers | Asked in Personal Injury and Gov & Administrative Law for Oregon on
Q: Does the government have immunity if one of their employees hit me in a government-owned vehicle?
Mario F. Riquelme
Mario F. Riquelme answered on Jan 2, 2018

For all practical reasons, the answers is no, the government does not have immunity from liability from a run of the mill car accident. However, if you intend to sue the government, there are certain very technical requirements which you must abide by, and which vary by which type of governmental... Read more »

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4 Answers | Asked in Personal Injury for Oregon on
Q: What are the downsides of hiring a PI attorney on a contingency basis?
Mario F. Riquelme
Mario F. Riquelme answered on Dec 1, 2017

There is very little if any downside to hiring a PI attorney on a contingency fee basis. In essence, the lawyer takes the risk that the case may be lost, in which case he or she does not get paid. One of the few downsides might be that if the case is extraordinarily large and/or easy, in which... Read more »

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3 Answers | Asked in Personal Injury for Oregon on
Q: I got hit by a cyclist as I was walking on a sidewalk.

The person says they're not at fault because there was no bike lane for them to use - is that right?

Mario F. Riquelme
Mario F. Riquelme answered on Oct 20, 2017

Whether or not there is a bike lane is beside the point. They still have a duty to keep a lookout, and if they hit you because they weren't watching where they were going, they likely are responsible and liable.

Best regards,

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1 Answer | Asked in DUI / DWI for Oregon on
Q: I was given a DUI, however I was not operating my vehicle. It was parked at a separate location. Is this lawful?

I was detained by multiple police officers on foot, at a separate location. It doesn't seem right that I could get a DUI when I wasn't even operating a vehicle and never admited to doing so under the influence

Mario F. Riquelme
Mario F. Riquelme answered on Sep 7, 2017

You can be "charged" with the crime of DUII regardless of whether at the time of the stop you were driving or not. Being charged with a crime,and being found guilty of a crime are two different things. Since driving is an element of the crime of DUII, you would likely have a very good defense at... Read more »

1 Answer | Asked in Personal Injury for Oregon on
Q: How much information can the insurance company give me about the injuries the other party suffered in my car accident?
Mario F. Riquelme
Mario F. Riquelme answered on Aug 25, 2017

Insurance companies will likely be very reluctant to share information regarding what injuries other parties to the accident have suffered, as any information they receive is likely protected by HIPPA, and their dissemination of another person's health information could result in liability to the... Read more »

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