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Questions Answered by Mr. Gary R. Johnson
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?

Mr.  Gary R. Johnson
Mr. Gary R. Johnson answered on Oct 20, 2017

No that's incorrect. Bicyclists can ride their bicycles on sidewalks unless the municipality has a regulation prohibiting that. Even so, bicyclists must exercise reasonable care to avoid pedestrians.

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4 Answers | Asked in Personal Injury for Oregon on
Q: If an existing health issue gets worse after a car accident can you sue for that?
Mr.  Gary R. Johnson
Mr. Gary R. Johnson answered on Jun 2, 2017

yes you can. It's called aggravation of a pre-existing condition. There is a uniform civil jury instruction on point. You should consult with an attorney as aggravation claims are difficult to prove.

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3 Answers | Asked in Car Accidents for Oregon on
Q: If I was injured in a car collision while at work by another driver who was at fault. Who pays, their insurance or work?
Mr.  Gary R. Johnson
Mr. Gary R. Johnson answered on Apr 2, 2017

Your employers Worker's Compensation insurance should pay your medical bills and time loss. You should fill out a form 801 asap reported the accident to your employer. You also have a claim against the at fault drivers insurance company for your pain and suffering.

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3 Answers | Asked in Car Accidents for Oregon on
Q: In Alaska, if i am being sued for tort automobile accident, how much does it usually cost for a lawyer or if i am found

I had my 1st DUI accident. My fiancees insurance paid 50,000 to the persons in the vehicle. now they are taking me to court for automobile tort

Mr.  Gary R. Johnson
Mr. Gary R. Johnson answered on Mar 22, 2017

First, you should consult with an attorney immediately. 2nd, if the insurance company paid the other driver they should have had that driver sign a release releasing you from liability. You need to find out whether that was done. The insurance company should not have settled the claim against you... Read more »

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3 Answers | Asked in Car Accidents for Oregon on
Q: What can we do if car was rear ended and both parties have same insurance

My boyfriends car was rear ended on the freeway he had to suddenly stop because someone else cut him off and the guy behind him ran right into him both of them have the same insurance and the other guy said my boyfriend was changing lanes which isn't true and according to them the damage on the... Read more »

Mr.  Gary R. Johnson
Mr. Gary R. Johnson answered on Mar 21, 2017

You can sue the driver but would need to hire an attorney to do so and that would be expensive. Also, unless you have an independent witness that can verify your boyfriend's view the facts your boyfriend may not win that lawsuit. If you do file a lawsuit and sue for less than $10,000 the lawyer can... Read more »

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1 Answer | Asked in Animal / Dog Law for Oregon on
Q: So my friend was taking care if my dog for me and out of the blue she tells me he bit a little girl and killed a cat

Now she is demanding me to help or I will go to jail and he will be put down I don't believe he did this only cuz he has never done anything like this to my kids or our other animals what should I do

Mr.  Gary R. Johnson
Mr. Gary R. Johnson answered on Mar 5, 2017

Contact your insurance agent and make a claim under your homeowner's policy. You may be liable for the girl's medical expenses and, if the dog was found to have been unreasonably dangerous before attacking the girl, for the girl's pain and suffering damages as well.

2 Answers | Asked in Car Accidents for Oregon on
Q: I was in a car accident 3/18/2015 & know that time is running out on this claim. I am worried about the settlement.

I have just been in contact with their insurance since Jan/Feb. 2017 (this is after many letters back & forth & a change of adjuster) & was told the hold up was they had not received info from my medical insurance Kaiser P. I have since contacted Kaiser 3x & the insurance co & was informed they... Read more »

Mr.  Gary R. Johnson
Mr. Gary R. Johnson answered on Mar 5, 2017

Consult with of attorney immediately. Many personal injury attorneys will represent you on a contingent fee basis which means they are only paid if they recover money for you. That also means that you do not have to pay them up front.

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5 Answers | Asked in Car Accidents and Personal Injury for Oregon on
Q: Which type of lawyer do I hire for a civil suit regarding damage and injury during a car accident with uninsured driver?

A few weeks ago I was t-boned by an uninsured driver who ran a stop sign and I have some injuries that I am currently seeing a chiropractor and LMT for 3-4 times a week under PIP coverage with my insurance company. I do not have collision coverage, only liability.

I am seeking... Read more »

Mr.  Gary R. Johnson
Mr. Gary R. Johnson answered on Mar 5, 2017

A personal injury attorney with experience handling uninsured motorist claims should be able to help you.

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4 Answers | Asked in Car Accidents and Personal Injury for Oregon on
Q: May an auto insurance provider require all of my medical records for the last 15 years to process injury claim?

I was a passenger in an auto that was rear ended. My friend's auto insurance is covering under personal injury protection while pursuing the at fault driver's insurance for reimbursement. My friend's auto insurance is demanding that I sign a consent to disclose "any and all of my health and... Read more »

Mr.  Gary R. Johnson
Mr. Gary R. Johnson answered on Mar 5, 2017

This is typical of insurance companies. I do not allow insurance companies to have records of my client's prior medical treatment that is not related to the injuries my client sustained in the accident. Unfortunately, many people simply signed these authorizations allowing the insurance companies... Read more »

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3 Answers | Asked in Car Accidents, Employment Law and Workers' Compensation for Oregon on
Q: Can I claim lost wages from both workmans comp and auto insurance due to an auto accident while on the job?

I reside in Oregon and the accident happened in Oregon. Employer is not being professional about the situation and neither is their workmans comp agent. The accident occured on July 20th and I have not received payment for lost wages and my medical bills are not being paid. Driving is part of my... Read more »

Mr.  Gary R. Johnson
Mr. Gary R. Johnson answered on Mar 5, 2017

If you were injured while on the job, your lost income should be handled by the Worker's Compensation insurer. If your auto insurer mistakenly pays your lost income under its personal injury protection coverage, you should notify them so they can seek reimbursement from the Worker's Compensation... Read more »

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2 Answers | Asked in Animal / Dog Law and Personal Injury for Oregon on
Q: A friends dog chased a man on a bicycle and bit his leg. Small bite He now has to prove his dog is safe - how?
Mr.  Gary R. Johnson
Mr. Gary R. Johnson answered on Mar 5, 2017

Under Oregon law, a dog owner is liable for another's pain and suffering if their dog bites someone if the dog is deemed to have been unreasonably dangerous before it bit the person or if the dog was off leash in violation of a city or county law.

A dog owner is also liable for the...
Read more »

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2 Answers | Asked in Animal / Dog Law, Personal Injury, Real Estate Law and Landlord - Tenant for Oregon on
Q: Is it legal to ask a renter to verify that their dog is a service dog and that they have sufficient insurance?

to cover in event of an attack?Does going through a rental agency effect this?

Mr.  Gary R. Johnson
Mr. Gary R. Johnson answered on Mar 5, 2017

Landlords are not required to allow renters to have pets. As such, landlords can refuse to allow renters that have pets that are not service dogs. Landlords may not even be required to allow renters to have service dogs although there may be laws that require landlords to allow service dogs.... Read more »

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