Oregon Injury Lawyer Blog

The US Centers for Disease Control and Prevention says auto accidents and fall accidents are the leading causes of accidental teen and child injuries and deaths in this country.

Facts included in the CDC’s report:

• 9.2 million teenagers and children a year are treated in US emergency rooms for accidental injuries.
• 2.8 million teens and young kids are injured in fall accidents annually.
• Over 50% of the nonfatal injuries involving kids younger than 1 occurred during fall accidents.
• About 8,000 minors are killed each year in traffic accidents as pedestrians, vehicle occupants, and pedalcyclists.
• 12,175 people under age 20 die in the US every year because of accidental injuries.
• Approximately 20 kids die every day because of an injury that could have been prevented.
• Some 20 million kids and young adults sustain injuries each year that limit their activity and require medical care.

Leading causes of injury deaths, according to age group:

• Infants – suffocation
• Ages 1 to 4 – drowning
• Ages 5 to 19 – traffic crashes

In addition to fall accidents, other leading causes of nonfatal injuries to kids include:

• Animal bites
• Insect bites
• Getting hit by or falling against an object

Children in the 1 – 4 age group were most likely to suffer nonfatal injuries in fall accidents or due to accidental poisoning. According to CDC Division of Unintentional Injury Prevention Director Grant Baldwin, many of these injuries can be predicted and are preventable.

Many times, these injuries occur while a child or teen is engaged in everyday activities, such as riding in a car, walking to school, or swimming in the neigborhood pool. Such injuries are often caused by reckless motor vehicle drivers, careless property owners, negligent product manufacturers, careless dog owners, or other responsible parties.

Car Crashes, Falls Top List of Accidental Injuries for Kids, US News, December 10, 2008

Childhood Injury Report, CDC

Related Web Resources:

Children Traffic Safety Fact Sheet, NHTSA (PDF)

World Health Organization

Continue reading " Car Crashes and Fall Accidents are Leading Causes of Accidental Deaths and Injuries to Minors in the US, Says CDC " »

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

Posted In: Bicycle Accidents , Bus Accidents , Car Accidents , Dog Attacks , Injuries to Minors , Motor Vehicle Accidents , Pedestrian Accidents , Premises Liability , Products Liability , Truck Accidents , Wrongful Death

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As part of its push to keep motorists and pedestrians safe over the holiday season, the Oregon State Police is increasing its DUI enforcement efforts. Their actions are part of a 20-day national crackdown on drunk drivers and runs from December 13 though the New Year. State and local police will also be on high alert for Oregon DUI drivers beginning 6pm on Christmas Eve through Sunday at midnight.

Oregon Governor Kulongoski, who declared December “Drunk and Drugged Driving Awareness” month, has reminded drivers that driving with a buzz is driving while impaired—a leading cause of motor vehicle fatalities in the state. Last year, 18 people died in Oregon drunk driving accidents over the holiday season.

Meantime, a recent national study confirms that the number of fatalities due to drunk drivers increases around Christmas and New Year. The National Highway Traffic Safety Administration says that from 2002 – 2006, alcohol was a factor in 4 out of 10 motor vehicle deaths that occurred during the last two weeks of December. Also, drivers 21 – 24 years of age are more likely to be involved in a deadly alcohol-related motor vehicle accident than other motorists.

The Oregon Department of Transportation Safety Division’s Impaired Driving Program Manager Gretchen McKenzie has a number of suggestions for how drivers can keep themselves and others safe this holiday season:

• Don’t drive if you’ve had anything to drink.
• Make sure that there is a designated driver.
• Don’t let anyone who has been drinking get behind the wheel of the car.
• Consider taxis, public transportation, or a car service as alternative modes of transportation.
• Make sure you and your passengers are wearing seat belts.
• Call 911 if you see a drunk driver on the road.

Of course, it is important that motorists drive sober throughout the year. Last year, the NHTSA says 12,998 people died in alcohol-impaired auto crashes in the US.

Anyone who drives under the influence of alcohol or drugs is breaking the law and may be charged for Oregon DUI crimes. Victims injured by a DUI driver may also have grounds to file an Oregon personal injury claim for damages.

Governor proclaims December “Drunk and Drugged Driving Awareness” month, Oregon.gov, December 1, 2008

State police beef up drunk-driver patrols, The Register-Guard, December 23, 2008

Related Web Resources:

Alcohol Impaired Driving 2007 Traffic Safety Facts, NHTSA (PDF)

DUI Laws in Oregon, United States DUI Laws, DUI Driving Laws

Continue reading " To Prevent Oregon DUI Accidents, OSP Steps Up Drunk Driver Patrols Over the Holiday Season " »

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

Posted In: Bicycle Accidents , Bus Accidents , Car Accidents , Motor Vehicle Accidents , Motorcycle Accidents , Pedestrian Accidents , Truck Accidents , Wrongful Death

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A 53-year-old Oregon bicyclist is dead, after he was struck by a car on Highway 199, close to the intersection of Rockydale Road. Cave Junction resident William Bailey died at the crash site. The driver of the vehicle that struck Bailey, Portland motorist Joseph Erickson, says he did not see the bicyclist.

The National Highway Traffic Safety Administration Reports:
• There were 15 pedalcyclist deaths in Oregon last year.
• Nationally, 798 pedalcyclists died in 2007.
• 43,000 pedalcyclists suffered injuries sustained in traffic crashes.
• The average age of pedalcyclists killed last year in traffic accidents was 40.
• Over 80% of pedalcyclists that died or were injured in 2007 were male.

Common Causes of Bicycle Accidents:
• Driver negligence
• Driver inattention
• Drunk driving
• A driver or bicyclist making an unsafe turn
• Speeding
• Poor weather conditions
• Defective auto or auto parts
• Bicyclist error
• Failure to use the proper bicycle safety clothing or equipment

Bicyclists are prone to serious injuries. They are not well protected from the impact of colliding with an 18-wheeler truck, a large school bus, a motorcycle moving at high speeds, or any other motor vehicle.

Bicycle accident injuries can be catastrophic, and you may need all the help you can get so that you are able to cover medical costs, recovery expenses, and lost wages.

Bicyclist killed in crash with Portland driver in heavy fog, KGW.com, November 24, 2008

Bicyclists and Other Cyclists, 2007 Traffic Safety Fact Sheets, NHTSA (PDF)

Related Web Resources:

Bicycle and Pedestrian Programs, Oregon.gov

Oregon Bicycle Laws, BikePortland.org

Continue reading " Portland Driver Strikes Cave Junction Bicyclist in Fatal Oregon Traffic Accident " »

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

Posted In: Bicycle Accidents , Motor Vehicle Accidents

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Ecology Center researchers tested over 1,500 popular toys for harmful chemicals, such as lead, arsenic, cadmium, and PVC, that could cause injuries to minors. Their findings indicate that out of every three toys, one toy usually contains at least one of these chemicals at “medium” or greater levels. The researchers hope their results will push lawmakers and manufacturers to begin phasing out these dangerous chemicals in toys.

Toys that were tested were purchased from Toys R Us, Target, Kmart, TJ Maxx, Babies R Us, Wal-Mart, and in dollar stores, drug stores, and online. The toys and children’s products selected for testing represent the products most often bought for children in the US. Tests were conducted using a handheld X-ray device for detecting chemicals.

Among the study's findings:

• 20% of the toys tested contained lead.
• 3.5% of toys had levels of lead exceeding the federal government’s recall level for lead paint.
• Kids' Jewelry has a greater chance of containing lead greater than 600 ppm.
• Arsenic at levels above 100 ppm was found in 22 products.
• 30 of the products tested had cadmium at levels higher than 100 ppm.

The Toy Industry Association criticized the group’s findings, calling them “misleading” to consumers. The association also maintained that the toy industry is highly regulated and continues to work hard to ensure that all toys for sale in the US exceed toy safety standards.

Toxic and Dangerous Toys
With the holiday shopping season already under way in Oregon and the rest of the United States, it is important that toy manufacturers and retailers make sure that any products they put out into the marketplace are safe for play and use. The Consumer Product Safety Commission has been very busy over the past two years issuing recalls for toys and kids’ products deemed defective or dangerous because they contain too much lead, are made with small magnetic pieces that can cause choking hazards, or have another kind of hazardous defect.

Toy manufacturers can be held liable for products liability, personal injury, or wrongful death if a toy causes a child to suffer an injury, get sick, or die.

One in 3 toys is toxic, group says, CNN Money, December 3, 2008

One in Three Children's Toys Tested by Ecology Center's www.HealthyToys.org has Significant Levels of Chemicals, Including Lead, Flame Retardants, and Arsenic, Ecology Center, December 3, 2008

Related Web Resources:

Toy Industry Association

Consumer Product Safety Commission

Continue reading " Researchers Say 1 in 3 Toys Tested Contains Toxic Chemicals that Could be Harmful to Children " »

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

Posted In: Injuries to Minors , Products Liability

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On Tuesday morning, a 40-year-old McMinnville man was pronounced dead at the scene of a multi-vehicle collision involving two large trucks and a modified motor home on Oregon Highway 18. The driver who died, Miguel Martinez-Perez, was operating his motor home close to Sheridan when the deadly Oregon truck accident happened.

Oregon State Police say the motor home driver was turning at Christensen Road when his vehicle was rear ended by a Mack truck driven by Portland truck driver Devin Lewis for Walsh Trucking, a Troutdale company. Lewis’s truck was pulling an empty chip trailer.

The impact of the crash reportedly pushed the motor home into the side of the empty Kenworth truck being driven by Astoria truck driver Michael Olson, who was driving for James Gedenberg Trucking of Astoria. While Lewis did not sustain any injuries in the multi-vehicle accident, Olson suffered minor injuries.

OSP and the Multi-Agency Traffic Team are investigating the multi-truck accident.

NHTSA Large Truck Crash Facts for 2007

• There were 4,808 people killed in truck accidents involving 4,584 large trucks.
• 802 of the people who died were large truck occupants.
• 4,006 of the people who died were riding in other vehicles or were pedestrians or pedalcyclists when the large truck crash happened.
• At least 100,000 victims were injured in truck collisions involving 76,000 large trucks.
• 23,000 large truck occupants were among the injury victims.
• 77,000 truck accident victims were riding in the other vehicles or were pedalcyclists or pedestrians.
• Almost 24% of large truckers involved in deadly crashes had at least one prior traffic conviction for speeding.

McMinnville man killed in three-vehicle crash on Oregon 18, The Oregonian, December 2, 2008

Astoria trucker hurt in accident in which another driver is killed, Daily Astorian, December 2, 2008

Related Web Resources:

Large Trucks Traffic Safety Fact Sheet, NHTSA

Oregon Truck Safety, Oregon.gov

Continue reading " McMinnville Motorist Dies and an Astoria Truck Driver is Injured in Oregon Multi-Vehicle Accident " »

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

Posted In: Motor Vehicle Accidents , Truck Accidents

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A federal judge has decided that the Oregon wrongful death lawsuit against Clackamas County, the city of Sandy, and individual police officers over the death of Fouad Kaady can move forward. Kaady, a 27-year-old Portland resident, died after he was fatally shot by local police. He was unarmed at the time of the shooting incident.

Kaady's family is seeking monetary damages for wrongful death, excessive force, and civil rights violations. The trial is expected to begin next April.

In 2005, Kaady was found bleeding, naked, and unarmed by police after he crashed his car on a rural Oregon road. Rather than calm him down, Deputy David Willard of the Clackamas County Sheriff’s Office and William Bergin of the Sandy Police Department made him lay on the hot ground and Tasered him on his back.

Kaady then reportedly started running around, got on top of a police car, and started yelling at the two cops. Willard says he fired his gun when it looked like Kaady was going to jump off the car and land on him. The two police officers reportedly shot Kaady seven times.

A police report said Kaady’s behavior before he was shot might have been caused by illegal drug use, injury, or mental illness. A grand jury later found that the two officers did not engage in any wrongdoing. Last month, for an unrelated incident, Bergin resigned from the Sandy Police Department and was indicted for license misuse, official misconduct, and identity theft.

Police Brutality
It is illegal for law enforcement officers to use excessive/unnecessary force on a suspect, a person convicted of a crime, or anyone else. Unfortunately, many of these incidents go unreported, with many of the victims never realizing that their civil rights were violated.

Examples of police brutality include shooting someone without provocation or justification, physical assault, sexual assault, false arrests, verbal abuse, intimidation, and racial profiling. These acts of violence by police, prison guards, and other law enforcement officials can result in an Oregon personal injury or wrongful death lawsuit if someone is injured or killed as a result.

Judge gives go-ahead to Kaady trial in Ore., Oregon Live, November 28, 2008

The Kaady Family's Wrongful Death Lawsuit (PDF)

Related Web Resource:

Top 5 Police Brutality Videos

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

Posted In: Police Brutality/Civil Rights Violations , Wrongful Death

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