ORS 823.085
Liability for damages to injured person

(1)

Any motor carrier or railroad that does, or causes or permits to be done, any matter, act or thing prohibited by ORS chapters 823, 824, 825 and 826, or omits to do any act, matter or thing required to be done by ORS chapters 823, 824, 825 and 826, is liable to the person injured thereby in the amount of damages sustained in consequence of such violation. If the party seeking damages alleges and proves that the wrong or omission was the result of gross negligence or willful misconduct, the motor carrier or railroad is liable to the person injured thereby in treble the amount of damages sustained in consequence of the violation. The court may award reasonable attorney fees to the prevailing party in an action under this section.

(2)

Any recovery under this section does not affect recovery by the state of the penalty, forfeiture or fine prescribed for such violation.

(3)

This section does not apply with respect to the liability of any motor carrier or railroad for personal injury or property damage. [1995 c.733 §§27,99; 1997 c.249 §239]

Source: Section 823.085 — Liability for damages to injured person, https://www.­oregonlegislature.­gov/bills_laws/ors/ors823.­html.

823.005
Definitions for ORS chapters 823 to 826 823.007
Employee statements of pecuniary interests in motor carriers 823.009
General powers of department regarding motor carriers and railroads 823.011
Authority to adopt rules 823.012
Suspension of laws during emergency 823.013
Validity of rules, orders, acts and regulations of department 823.015
Service of notice or other legal process 823.021
Investigating management of carriers 823.023
Right of entry onto premises of any carrier or of business tendering hazardous materials for shipment 823.025
Maintaining and producing records 823.027
Duty to furnish information to department 823.029
Failure to furnish requested information 823.031
Investigating complaints against carriers 823.033
Investigations and orders on department’s own motion 823.035
Representation by non-attorney 823.037
Declaratory rulings 823.051
Interference with department equipment 823.061
Applicability of hazardous material safety regulations 823.063
Notice and opportunity to correct hazardous material violations 823.071
Definitions for ORS 823.073 and 823.075 823.073
Common carrier not to abandon agencies or withdraw agent without approval of department 823.075
Petitioning department for authority to abandon agency or withdraw agent 823.081
Enforcement of laws relating to carriers 823.083
Enjoining violation of carrier laws 823.085
Liability for damages to injured person 823.087
Effect of carrier laws on common law and other statutory rights of action, duties and liabilities 823.101
Duty of carrier to issue bill of lading on intrastate shipments 823.103
Limitations on carrier’s power to set time for filing of claim or starting action 823.105
Prohibitions 823.107
Existing remedies not affected 823.991
Penalties
Green check means up to date. Up to date

Current through early 2024

§ 823.085’s source at oregon​.gov