Speeding killed more Oregonians than drunk driving, according to a 2008 Oregon Department of Transportation data. There’s no sign that deaths and serious injuries in auto accidents, motorcycle accidents, and pedestrian collisions caused by excessive speed have slowed in the two years since the ODOT study.
Under Oregon’s Basic Speed Rule, a person commits an offense if they drive a vehicle at a speed greater than is reasonable and prudent, having due regard to all of the following:
- The traffic;
- the surface and width of the highway;
- the hazard at intersections;
- weather; visibility; and other conditions then existing.
Oregon Basic Speed Rule Violation is Negligence Per Se
Violation of the speed rule can be helpful in proving negligence per se in a civil lawsuit against a defendant driver. The legal term “negligence per se” means negligence as a matter of law. Winning a negligence case requires a plaintiff to prove that an injury was the foreseeable result of conduct that was unreasonable under the circumstances. Under the legal doctrine of negligence per se, however, a defendant’s unexcused violation of a safety statute is simply presumed to be unreasonable.
Disobeying or violating the Oregon Basic Speed Rule by driving too fast for posted limits and conditions is considered negligence per se because the Rule effectively establishes the standards of reasonable care in the operation of a motor vehicle. A driver who is negligent as a matter of law must prove that his or her speed was reasonable under the circumstances.
Proving Liability in an Oregon Car Accident
Negligence per se is not the end of the road. It does not establish a defendant’s civil liability for a plaintiff’s personal injuries or wrongful death. The plaintiff must still prove that the driver’s conduct caused the harm, and the defendant may still prove that he or she was not negligent or that his or her violation of the rule was excusable. These complex legal questions mean that someone hurt in an Oregon car crash should not try to handle a personal injury case without a lawyer.
Consult a Portland Car Accident Lawyer
If you or loved ones have been involved in an automobile collision or motorcycle accident in Oregon, we encourage you to contact us to discuss your case. Call toll free (800) 714-3204 or reach Portland personal injury lawyer Dane Johnson online through our free attorney consultation form.
Related Web Resources
National Highway Traffic Safety Administration, Summary of Oregon Speed Laws
Joseph Rose, Speed Kills More Drivers in Oregon, Oregonian, July 31, 2009.
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