Oregon Injury Lawyer Blog

A man from Prospect, in southern Oregon between Medford and Crater Lake National Park, has filed an Oregon personal injury lawsuit against the US Forest Service and a local lumber company for injuries sustained because the government allegedly failed to remove a dangerous tree. According to The Oregonian, as well as wire service reports, Bert Fernandez claims he was permanently injured, and that his vehicle was severely damaged, when a 32-foot tree fell on his car as he drove through the Rouge River National Forest. The accident took place in February, 2008.

Fernandez charges that the tree had been marked by the Forest Service for removal and that the logging company failed to cut it down within the timeframe agreed in the company’s contract with the government. He is alleging negligence on the part of the logger for failing to cut down the tree, and on the part of the Forest Service for failing to hold the loggers to their contract.

While unusual in some respects (people more commonly get sued for cutting down a tree improperly rather than for failing to cut it down in the first place), at its core this is a familiar sort of Oregon personal injury case: one that seeks to recover damages caused by alleged negligence on the part of the government and a private company.

Anyone involved in a Medford injury accident is well-advised to consult an Oregon personal injury attorney as soon as possible. An experienced Portland accident lawyer can advise you on the best course of action after considering your particular circumstances, including whether you may be entitled to damages to compensate for medical bills, pain and suffering, damage to your property or lost wages or salary.

The Oregonian: Here’s a twist: southern Oregon man sues Forest Service for not cutting a tree

AP from the Sacramento Bee: Oregon Man Sues Over Tree that Fell and Hurt Him

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Posted In: Personal Injury

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The venerable CBS Sunday morning show Face the Nation took a break from politics today to talk, with NFL Commissioner Roger Goodell as the program’s main guest. Among the topics on the agenda: traumatic brain injuries, a subject that has been much in the news here in Oregon with the recent enactment of laws aimed at lessening the number of Oregon traumatic brain injuries sustained through youth sports, including football.

This is an issue I have written about before (see this post from last November), and one which has caused the NFL a certain amount of public relations trouble in recent months. On CBS, Goodell rejected any suggestion that the NFL has been, as host Bob Schieffer put it, “late to recognize” the seriousness of concussions and brain injuries as a problem at the professional level. The commissioner said the league has been on top of the issue “since the mid-90s”; adding: “Medical science is still trying to determine what are the long-term effects of concussions. How do you treat these?”

This is a position with which some might take issue. As I noted in November, the league is working to counter accusations it ignored or downplayed the seriousness of concussions in football for years. When Schieffer pointed out that the NFL’s own studies show that football players are five times more likely than members of the general population to suffer brain injuries or memory loss and that among 30-49 year olds that figure rises to 19 times the average, Goodell was quick to dismiss the very NFL studies he had been touting as examples of League responsibility a few minutes earlier. “This wasn’t a medical survey,” he said.

Oregon’s leadership on the issue of brain injuries has recently been praised by outside activists. Our new laws, however, are not likely to eliminate Oregon brain injuries entirely. If a tragedy like this befalls a member of your family, or if you believe a sports injury sustained years ago is now manifesting itself in the form of memory loss, it is important that you contact an Oregon traumatic brain injury lawyer at the earliest feasible time. The process of safeguarding your rights begins with an understanding of where you stand in legal terms. Every situation is different, but a Portland sports injury lawyer can help in sorting through the difficulties of your particular circumstances.

Face the Nation web page (includes video of the full interview with Goodell)

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Traumatic Brain Injuries

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In what is, perhaps, one of the strangest and most senseless Oregon traffic accident deaths in recent memory, a two year old boy was killed this week after the jogging stroller in which he was riding was struck by a truck near Corvallis.

According to local media reports the Oregon fatal accident took place at the intersection of Highway 99 and Highway 34 just east of Corvallis. The truck reportedly hit the stroller as it was making a turn onto Highway 99 after stopping at a red light. Television station KPIC, quoting state police officials, reports that the toddler’s mother “may have received some minor injuries to her hands and arms” during the accident. Exactly how the stroller came to be in the intersection at the moment the commercial semi-trailer truck was turning is still under investigation.

This unusually tragic Oregon fatal truck accident raises a number of potential legal questions relating to Oregon child injuries, including a potential Corvallis wrongful death claim. Beyond any criminal issues that law enforcement officials may pursue, situations such as this can also give rise to civil claims. Anyone involved in an accident of this type should consult a Corvallis child injury and wrongful death attorney at the earliest possible time following the tragedy.

Establishing liability following a Corvallis traffic accident can be a complex and emotionally draining process. A skilled and compassionate Oregon personal injury lawyer can be an essential guide to our often difficult and confusing legal landscape during moments such as these.

The Oregonian: Child in stroller killed by commercial truck near Corvallis

KPIC.com: Police: Child in stroller hit, killed by truck near Corvallis

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Injuries to Minors , Truck Accidents , Wrongful Death

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A recent New York Times article highlights an area where Oregon and other Pacific Northwest states are leading the nation: laws and policies recognizing the growing seriousness of concussions and other brain injuries in sports.

As the paper notes, “last year Washington and Oregon passed the first concussion-specific laws covering scholastic sports.” As I have previously noted (see this blog entry from November), traumatic brain injuries are increasingly being acknowledged as a problem, particularly in professional football. The Times notes that Florida Governor Charlie Crist is trying to use the fact that the Super Bowl is being played in his state this week to spur his own legislature on to passing brain injuries legislation. The Oregon brain injury laws, however, are among the first in the nation to acknowledge the extent to which this problem also exists in college, high school and even youth sports. The Times notes that traumatic brain injury laws focusing on student-athletes are currently being considered by legislatures in Massachusetts, New Jersey and New York, as well as Florida.

The Winter Olympics, due to begin February 12 in Vancouver, Canada, may also bring some of these issues into focus. As a recent Los Angeles Times article recounts, several top American snowboarders have recently been seriously injured, including Kevin Pearce, widely considered a possible gold medalist in half-pipe but hospitalized in Utah since December with a severe brain injury sustained during training.

If you or a loved one have been the victim of an Oregon traumatic brain injury it is important to consult with a Portland personal injury lawyer as soon as possible after the incident. Treating Oregon traumatic brain injuries can cost thousands of dollars. If someone else – by either through their actions or through negligence – is responsible for a brain injury the injured party may be entitled to compensation.

New York Times: States taking lead in addressing concussions

Los Angeles Times: Snowboarder Shaun White’s new Olympic reality: It’s no cakewalk

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Traumatic Brain Injuries

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An Oregon state report has raised questions about the conduct of state officials prior to the death of a Eugene teenager.

15 year old Jeanette Maples was killed December 9, according to an Associated Press report republished by TV station KMTR. Her parents have been charged with aggravated murder (they have pleaded not guilty). In the wake of the incident state officials began investigating whether their agencies failed to act in a timely manner that might have prevented the teen’s death. This week’s report by the Oregon Department of Human Services is critical of the state agency’s conduct. AP reports the document says Maples’ case “was not adequately investigated or referred for assessment despite four separate calls alleging abuse and neglect over four years.”

Though Maples’ parents are already facing criminal charges in connection with her death, the report raises the possible of additional legal sanctions against the state or its officials if they are found negligent in connection with an Oregon wrongful death.

Assigning blame in an Oregon wrongful death case can be a difficult and emotional process. In such situations, a Eugene wrongful death attorney can help loved ones determine whether their particular circumstances support an Oregon wrongful death claim and, if so, against whom. Cases like that of Jeanette Maples are tragic, but our court system does provide both civil and criminal remedies in the wake pf preventable tragedies.

AP, reprinted at KMTR.com: Report: State failed to help abused Eugene teen

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Wrongful Death

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A 50-year old man “with a history of driving under the influence” is being held by Medford police on suspicion of drunk driving. In a Southern Oregon drunk driving accident last Saturday the man allegedly injured three people, all of whom had to be hospitalized.

TV station KDRV reported that 50-year old Wayne Scott Rolfe was arraigned on felony DUI charges. He has also been charged with felony driving with a suspended license. He reportedly has three previous DUI’s, and is currently being held in the Jackson County jail pending $250,000 bond.

The good news is that the three Southern Oregon drunk driving victims have been released from the hospital.

Beyond criminal charges imposed by the state it is also important that drunk drivers be held to account for the injuries they inflict on innocent victims. If you have been injured by an Oregon drunk or impaired driver, consulting with an Oregon auto accident lawyer can be a crucial step in protecting your rights. Persons injured by an Oregon drunk driver may be entitled to compensation for their injuries, to offset hospital bills, to replace lost wages and salary and to mitigate the pain and suffering to which they have been subjected. Victims may also be able to claim damages from the bar or tavern that served alcohol to the Oregon drunk driver if the establishment continued to do so despite the driver's being visibly drunk (this type of action is known as a 'dram shop claim').

Consulting with an Oregon personal injury attorney is a key first step toward achieving closure in the wake of a Medford drunk driving injury accident.

KDRV.com: S. Oregon man faces felony charges in suspected drunk driving incident

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Posted In: Motor Vehicle Accidents

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In another sign of the speed with which distracted driving has gone from a fringe issue to center stage, the US Department of Transportation moved Tuesday to ban bus drivers and drivers of large trucks from texting while operating their vehicles, according to media reports. The measure will exist above and beyond the Oregon distracted driving law that went into effect this month.

The New York Times reports that the ban is effective immediately and that violators will “face civil or criminal fines of up to $2,750.” Here in Oregon distracted driving, including texting and the use of hand-held cellphones behind the wheel, has been illegal since the first of the year. Similar bans exist in about a dozen other states as well as the District of Columbia. The federal government is able to go beyond these state laws because of the authority it possesses to regulate the trucking industry at the national level.

In addition to cellphones the new rules also cover the dashboard computers long-haul drivers use to communicate with their dispatchers. The move comes partly in response to an increasing body of statistical evidence of the dangers posed by distracted driving. Transportation Secretary Ray LaHood has been an increasingly vocal opponent of distracted driving since taking office last year.

The new regulations should also benefit drivers who have been involved in a Portland traffic accident involving an Oregon distracted driver. As laws aimed at distracted driving tighten up throughout the nation, it may become increasingly difficult for reckless drivers to justify their conduct in court. Pedestrians, motorists and cyclists injured by an Portland distracted driver should promptly consult a Portland personal injury lawyer. Beyond the criminal sanctions an Oregon distracted driver may be subject to, victims in such accidents may also be entitled to compensation for their injuries, damage to vehicles, lost income and pain and suffering.

New York Times: Government bans texting by truck and bus drivers

Reuters in Insurance Journal: U.S. bans texting by drivers of large trucks, buses

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Distracted Driving

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Police in North Portland have reportedly arrested a man they believe was responsible for an Oregon hit-and-run accident involving a cyclist, according to a report on television station KATU’s website.

The Portland cycling accident took place early Saturday evening, when a biker was struck by a moving vehicle at the intersection of Willamette Boulevard and Bryant Street. The alleged Oregon hit-and-run driver was arrested about two hours later. The cyclist was taken to an area hospital and treated for injuries “that police said are not life threatening,” KATU reported.

Portland has long had a reputation as one of the most bike-friendly cities in the nation, but, as this accident reminds us, that does not mean bikers should ever let down their guard when riding the city’s streets. Portland bicycle accidents can be a serious problem, leading to traumatic injuries and even death. If you have been involved in a Portland bicycle accident, particularly one involving a car, truck or other vehicle, it is important to seek the advice of an Oregon personal injury attorney as soon as possible.

Cyclists may be entitled to compensation for their injuries and for damage to the bike. If an accident forces you to miss work, restitution for lost wages or salary may also be in order. A Portland bike accident attorney can help you navigate our complex legal and court system, even in the wake of great stress or personal trauma.

KATU.com: Arrest made in N. Portland bicyclist hit-and-run

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Posted In: Bicycle Accidents

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Oregon’s Transportation Commission has decided to move up installation of a traffic signal at a dangerous Tualatin Valley Highway intersection in Aloha, following a serious Oregon traffic accident there last month.

An Oregon pedestrian accident on December 20 left three young people, including a 14 year old boy, injured after they were struck by a car while crossing the road at the intersection in the dark. According to a recent report on KATU.com, the accident has prompted the Oregon Transportation Commission to revise its plan to install a pedestrian-activated crossing signal at the location. Installation of the light will now take place next year, rather than in 2012.

Any traffic accident is tragic, but accidents leading to Oregon injuries to children are especially emotional. In the Tualatin incident the 14 year old boy sustained a broken arm, two broken teeth and will require facial reconstruction surgery. He remains in intensive care, according to KATU.

If you, or your child, have been injured in a Portland-area pedestrian accident taking early action to protect your rights is imperative. Consulting with a Portland pedestrian accident attorney is an important first step. Children injured in Oregon child injury accidents may be entitled to substantial compensation to cover necessary medical treatments and ease their recovery. An Oregon traffic accident lawyer can also advise you on whether responsibility for the accident may extend beyond the driver involved to include elements of state or local government because of safety issues involving roads or traffic signals.

KATU.com: Victim of Tualatin Valley crosswalk collision recovers, ODOT plans signal

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Injuries to Minors , Pedestrian Accidents

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Oregon’s new distracted driving law helped earn the state the state a ‘Green Light’ – the highest rating – in the annual report card issued by Advocates for Highway and Auto Safety. For 2009 the group added a ban on texting while behind the wheel to its list of recommended state-level legal and safety measures. Oregon’s distracted driving law, which bans texting, was signed into law in 2009 and came into force this year.

Overall, Advocates judged states by the number and strength of 15 different legal areas associated with highway safety. Oregon was one of ten states (plus the District of Columbia) to earn the ‘Green Light’ designation.

Rising awareness of Oregon distracted driving and other highway safety issues was a key feature of the state’s politics last year. As the new law takes effect it raises separate questions about how it will be enforced by the state’s courts and what that may mean for drivers or pedestrians injured by an Oregon distracted driver.

If you have been involved in an accident involving a Portland, Salem or Corvallis distracted driver it is important to make contact with an Oregon personal injury lawyer as soon as possible. A Portland auto accident lawyer can help you obtain the compensation you deserve for injuries caused by a driver who was not paying enough attention to the road.

Tucson Citizen: Report card on highway safety shows more states fail, fall under more pointed scrutiny; Safety advocates call for urgent state action in 2010

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Distracted Driving

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A Gresham, Oregon man this month became the second consumer to file a product liability lawsuit against the makers of the Amby Baby Motion hammock, according to a recent report published in Insurance Journal. The August death of the man’s five month old son was the second fatality linked to the product by the U.S. Consumer Product Safety Commission.

The CPSC issued a recall of the Amby Baby Motion following the death of the Gresham man’s son, urging “parents to stop using Amby hammocks immediately,” according to the article. The Journal reports that, according to the CPSC, about 24,000 units of the product had been sold in the United States prior to the recall.

Defective products are a worry in all aspects of our lives, but when they injure or kill children their impact is particularly severe. These situations are tragic, and they are times when the advice and assistance of an Oregon child injury lawyer familiar with product liability issues can be invaluable. An experienced Portland or Gresham product liability attorney can help you obtain the compensation to which you are entitled to offset medical bills or funeral expenses, lost wages or salary you may have incurred in caring for an injured child and pain and suffering stemming from the accident.

The loss of any child is tragic. Thankfully, our legal system offers a way to ensure that companies manufacturing harmful products are held responsible for their actions.

Insurance Journal: Oregon Man Files Lawsuit Over Defective Baby Hammock

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Posted In: Injuries to Minors

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A fascinating column in the November issue of Consumer Reports magazine offered a frank call for more openness in medicine. Dr. John Santa, an internist who also directs the magazine’s Health Ratings Center, wrote: “Until our health care system gets its act together, patients and their families will have to be constructively assertive to get to the bottom of any mishaps.”

The reason for this, Dr. Santa writes, is that American medicine has developed a professional culture that is very reluctant to acknowledge error. Doctors and nurses fear professional consequences. Administrators, in turn, fear that publicizing mistakes will make medical professionals even more reluctant to report them. Ultimately, the real losers, he writes, are patients, who “deserve to know what happened and that the doctor or hospital is trying to rectify the situation.”

Dr. Santa also offers a series of helpful, common sense suggestions for patients, among them: “Enlist family members to keep track of your care” and “Know what medicine you’re taking and tell your doctor or nurse if you don’t recognize what you’re given.”

Though Dr. Santa does not mention it, it is also true that the legal system has emerged as a check on the sort of medical malfeasance about which he writes. Here in Oregon, a Portland medical malpractice lawyer can offer patients and their families advice on legal remedies they may have after something has gone wrong during a hospital stay. Medical malpractice suits are rarely pleasant, and often come in the wake of great personal pain and suffering on the part of patients and their families. An experienced and compassionate Oregon wrongful death and medical malpractice attorney can, however, be an important resource when other’s mistakes have thrown your family into despair.

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Medical Malpractice , Nursing Home Abuse and Neglect , Wrongful Death

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