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Who is liable if I was rear-ended?

Asked by user in Oregon.

I was driving and a motorcycle crossed lanes and crashed into the car in front of me. I was able to stop but the taxi cab behind me rear-ended me. The police said the motorcyclist was at fault, but he didn’t have insurance. Isn’t the taxi cab responsible for following too closely?

Answered by Enjuris Editors:

Thank you for your question.

Oregon’s “following too closely statute” (ORS 811.485) states that a person commits the offense of following too closely if the person “drives a motor vehicle so as to follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicles and the traffic upon, and condition of, the highway.”

It’s impossible for me to know who’s liable for your accident without more details, but it sounds like, at the very least, you can make an argument that both the motorcyclist and the taxi driver were partially at fault for the accident. In cases like this, you generally file an insurance claim (or a personal injury lawsuit) against both drivers and let the drivers argue among themselves.

If you suffered serious damage, it’s a good idea to meet with a personal injury attorney. Most initial consultations are free. If you need help locating an attorney, you can use our free online directory.

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