Portland, OR asked in Car Accidents and Criminal Law for Oregon

Q: My son was involved in a car accident on a rural road running the stop sign. The stop sign was covered by trees.

My son was not texting, drink, on drugs or speeding and almost lost is life with life altering injury's. He was hit by a lady that broke her leg and the car behind her, hit her and he broke his leg. Since he was not drinking, texting, on drugs or speeding, Would it be considered an assault charge?

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1 Lawyer Answer

A: I am sorry to hear of your son's accident. It is unlikely that your son would be charged with assault, and even more unlikely that he would be convicted of assault under the circumstances you describe. The others who were injured may have a claim against your son if he was negligent in causing the accident. Those claims, if brought, should be covered by your son's automobile insurance. Your son may have a claim against the landowner who allowed the trees to obstruct the view of the stop sign. If you have not done so already, you should consult with an experienced personal injury lawyer right away, and you should get pictures of the stop sign obstructed by the trees right away.

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