Oregon Injury Lawyer Blog

A Portland bicyclist and the insurance company of the driver that struck him have reached a $100,000 Oregon bicycle accident settlement for injuries and costs. Bicyclist Ben Ramsdell was injured almost two years ago when he was hit by motorist Johnny Eschweiler, 49, after the two of them engaged in a verbal exchange of words.

Witnesses say they saw the motorist deliberately hit Ramsdell and Timothy Mastne, another bicyclist, in August 2007. Ramsdell had to get 30 stitches on his face. He also broke his finger and his nose. Mastne sustained bruises and cuts.

In April, Multnomah County Circuit Court Judge Michael McShane ruled that Eschweiler was guilty of assault but insane. When he was 19, he used a fork to stab a coworker in the face. Surgeons had to take out part of his brain when he was 23.

Eschweiler was not ordered to serve jail time for causing the Portland, Oregon bicycle accident, but he was committed to house arrest for 15 years and state psychiatrists are closely monitoring him. The state of Oregon has permanently taken away his driver’s license.

Because the Oregon bicycle accident was considered “intentional” and not “accidental,” Farmer’s was initially absolved of making a payout. However, the insanity ruling raised the question of whether the motorist even knew that hitting bicyclists was his car was intentional or accidental.

The $100,000 is the maximum that the insurance company's motorist policy allows.

Bicycle Accident Injuries
It is rare for a motor vehicle driver to intentionally run down an Oregon bicyclist. Most bicycle accidents that are caused by motorists are accidental. The driver never meant to seriously injure or kill the victim.

Regardless of whether or not a motorist meant to intentionally hurt or kill a bicyclist, however, any negligence on the driver’s part can be grounds for an Oregon bicycle accident claim or lawsuit.

Bicyclists are at a disadvantage anytime they are injured in a collision with a car, a truck, a motorcycle, an SUV, a van, a bus, or a train. The impact of the bicycle-vehicle crash alone can prove fatal.

Bicyclist hit by insane driver reaches settlement, KGW, June 17, 2009

Rage victim says he’s taking it “day by day," BikePortland, August 18, 2007

Related Web Resources:
Bicycle and Pedestrian Program

Bicycle Safe

Continue reading " Portland, Oregon Bicyclist and Insurer of Driver Settle Bicycle Accident Case for $100,000 " »

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

Posted In: Bicycle Accidents , Motor Vehicle Accidents

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Near Corvallis Highway 34, rescuers had to use the Jaws of Life on Monday to extricate the victims of an Oregon car accident. Two people were transported to the hospital for treatment of their injuries.

According to Oregon State Police, a 1999 Toyota Corolla was headed eastbound on Highway 34 when the vehicle crossed the center turn lane, sideswiped a guardrail, and drove head-on into a 1990 Ford Bronco II. The driver of the Toyota, Portland resident Matthew Alexander, and the driver of the Ford, Lebanon resident Janet Smallman, were taken to Corvallis Hospital.

While Alexander, 25, was treated for minor injuries and later released, Smallman was seriously injured. Alexander received citations for reckless endangerment, reckless driving, third-degree assault, driving while suspended, and second-degree criminal mischief. Police think Alexander was fatigued at the time of the Oregon motor vehicle collision.

The Dangers of Drowsy Driving
According to the National Highway Traffic Safety Administration, some 100,000 police-reported auto accidents a year are caused by driver fatigue. Drowsy driving accidents cause about 71,000 injuries and 1,500 fatalities each year. Many experts, however, believe that these figures do not convey the full scope of this problem.

A drowsy driver is not as alert as a driver that is wide awake, and his or her senses, reflexes, and ability to react to emergencies in a timely manner may be impaired. Certain studies indicate that people that haven’t slept for 24 hours have cognitive-psychomotor abilities that are as impaired as that of someone with a blood alcohol content of 0.10%. The legal driving limit in the US is a BAC of .08%.

A driver that is tired or sleepy may even fall asleep at the wheel, which could cause his or her vehicle to become involved in a head-on crash with another car, a wall, or a tree. This can be especially catastrophic if the driver falls asleep while operating a car or large truck at full speed.

Police: Sleepy driver causes head-on crash, KVAL.com, June 22, 2009

Two Injured in Head-On Crash Near Corvallis, Salem-News, June 22, 2009

Drowsy Driving, AAA

Related Web Resources:
NHTSA

National Safety Council

Continue reading " Oregon State Police Say Drowsy Driver May Have Caused Head-On Oregon Car Crash on Highway 34 that Injured Two People " »

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

Posted In: Car Accidents , Motor Vehicle Accidents

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We all know that it’s dangerous to drive drunk. But do you know that it can also be dangerous to drive the day after when you’re suffering from a hangover?

The National Safety Commission recently published an alert discussing the effects that a hangover can have on a person’s driving ability. The findings come from a study by Brunel University in England. When test subjects that were sober and those with hangovers were monitored while using driving simulators to drive a five-mile course:

• Drivers that were hungover drove an average of 10mph faster than sober drivers.
• Sober drivers tended to drive about 32.6 mph, while hungover drivers drove at a speed of about 41.7 mph.
• While sober drivers had a tendency to drive above the speed limit just 6.3% of the time, hungover drivers did so about 26% of the time.
• Hungover drivers drove outside their lanes four times more than sober drivers did.
• Hungover drivers had two times as many traffic violations, including those involving red light running.

Once a person’s BAC drops to zero, a hangover can go last anywhere from 8 to 24 hours. Hangovers can cause headaches, lethargy, lightheadedness, a decrease in attention and concentration, fatigue, sleep deprivation, stomach irritation, and sensitivity to light.

With these side effects, it is obvious that hungover drivers are often not the most attentive drivers, which could make them more prone to getting involved in or causing a deadly Oregon car accident.

While “Don’t drink and drive” is advice that we’ve heard often, motorists that are hungover may want to think twice before getting behind the steering wheel of a car the morning after a night spent drinking too much. In addition to possibly getting involved in or causing a Portland, Oregon car crash, the hungover driver risks hurting pedestrians and other motorists.

The Hazards of Driving with a Hangover, The National Safety Commission, June 5, 2009

A Few Too Many?, The New Yorker, May 26, 2009

Related Web Resources:
Drowsy & Distracted Driving, NHTSA

Distracted Driving, NSC.org

Continue reading " Portland, Oregon Car Accidents: Why Driving with a Hangover Can Be Dangerous " »

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

Posted In: Car Accidents , Motor Vehicle Accidents

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According to news reports, the Environmental Protection Agency is reconsidering its endorsement that it is okay to use ground-up, recycled tires on kids’ playgrounds and sports fields. The tire mulch has been used to cushion the ground in the event of a fall accident.

Now, however, the EPA says there is not enough information to determine whether use of these recycled tires could actually prove a health hazard, and communities in Oregon and other US states are wondering whether they could lead to the inhalation of metals, lead, and chemicals if children touch, inhale, or swallow the material.

The Centers for Disease Control and Prevention says older fields that are more worn down may pose a greater risk for lead exposure. It’s also important to note, however, that not all turf fibers are made with lead.

With the summer holidays fast approaching, many school kids are likely to spend time outdoors playing in local playgrounds or on playground equipments in residential backyards. It’s a good time to note that recycled tires may not be the only issue of concern when it comes to kids’ safety.

Playground Accidents and Injuries
SafeKids USA calls playground accidents the number one cause of injuries to kids ages of 5 to 14—with 150,000 kids each year ending up in US emergency rooms because they were involved in accidents involving playground equipment. About 10 kids die from playground injuries annually, with many injuries caused by fall accidents or strangulation accidents, such as when a piece of clothing gets caught on playground equipment.

Playground equipment that have been known to cause injuries to kids include:

• Swings with metal or wood seats or half-bucket seats
• Adjustable seesaws with chains
• Merry-go-rounds or roundabouts that lack the proper handgrips
• Poorly secured climbing ropes
• Monkey bars
• Lack of a proper playground surface

A defective playground product that causes personal injury can be grounds for an Oregon products liability case involving injuries to children. A premise that has a hazard that causes injury can be grounds for an Oregon premises liability lawsuit.

EPA rethinks play padding, Chicago Tribune, June 5, 2009

No. 1 Cause of Injury in Elementary School: Playground Accidents, Safe Kids USA

Related Web Resources:
Playground Safety, NSC.org

US Environmental Protection Agency

Continue reading " Portland, Oregon Injuries to Minors Law Firm: Are Shredded Tires in Playgrounds Another Kids’ Hazard? " »

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

Posted In: Injuries to Minors , Premises Liability , Products Liability

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An Oregon landscaper is suing University of Oregon President Dave Frohnmayer for personal injury. Loretta Jane Brubaker says she sustained serious injuries when she was planting flowers on Frohnmayer’s property and was hit by a motor vehicle rolling down the driveway. There was no one in the BMW convertible that struck her at the time of the accident. Mira Frohnmayer and Marcia Baldin are the owners of the car.

Brubaker says that the Oregon car accident caused her to sustain a concussion, blunt head trauma, a cervical sprain, and other injuries that have affected her ability to work and take part in daily activities. She is seeking $61,000 for medical costs, lost wages, and non-economic damages.

Her Oregon personal injury lawsuit, filed in Lane County Circuit Court, accuses the car owners of negligence because they neglected to turn the front wheels of the car so that the tires were facing the curb and did not activate the parking brake on the sloping driveway. Brubaker accuses Dave Frohnmayer of negligence for failing to warn the other defendants that they needed to make sure that the parking brake in their car was engaged.

Oregon Personal Injury
If you were hurt because of another party’s negligent actions, you may be able to file an Oregon personal injury claim. Oregon follows a system of modified comparative negligence. This means that you are found to be at least 51% responsible for causing your injury accident, you won’t be able to recover from the liable parties. This is why it is so important that you don’t try to pursue recovery from the liable parties without the help of an experienced Oregon personal injury lawyer that can fight for your right to receive compensation. With the state's statute of limitations, you have two years from the date of injury to file your Portland, Oregon personal injury lawsuit.

Frohnmayer sued over injury incident in driveway, The Register Guard, June 4, 2009

Related Web Resources:
Car Accidents Overview, Justia

Proving Fault in Accidents on Dangerous or Defective Property, Nolo

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

Posted In: Car Accidents , Motor Vehicle Accidents , Pedestrian Accidents , Premises Liability

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While the number of 15-passenger van deaths has gone down since 2001, the number of 15-passenger van occupant deaths did increase by almost 205 between 2006 and 2007. 45 of the 2007 15-passenger van fatalities occurred in rollover accidents—73% more than from the year before.

According to statistics, 31% of deadly 15-passenger van rollover accidents occur during the summer travel season, with June – August considered the deadliest period for 15-passsenger van riders.

More NHTSA 15-Passenger Van Accident Facts:

• A van that is fully loaded with passengers and luggage has a greater chance of becoming involved in a rollover accident.
• More than half of the 15-passenger van occupants that have died were not using seat belts.
• Other common causes of 15-passenger van accidents include driver inexperience and poor tire condition.

CBS reported in 2004 that there are approximately 500,000 15-passenger vans on US roads, with millions of people riding them to and from the airport, school and church activities, and on trips involving large groups.

One reason 15-passenger vans are a high-risk vehicle for becoming involved in a rollover crash is the way the vehicle is designed. Most 15-passenger van models have an extended back, which means that its backside tends to get very heavy when the vehicle is fully loaded. 15-passenger vans also are made with a high gravity center, which means the more weight riding in the car, the more top heavy the vehicle.

While there is nothing that 15-passenger van occupants can do about the way the vehicle is designed, there are steps that the van driver can take to prevent 15-passenger van accidents from happening:

• Don’t drive unless you have the experience to properly operate and control a 15-passenger van.
• Don’t text message or talk on the cell phone or engage in any other form of distracted driving while operating a 15-passenger van.
• Make sure that all of the van passengers are wearing safety belts.
• Make sure the tires are properly inflated and they show no signs of extreme wear or aging.

Consumer Advisory: Federal Government Restates Rollover Warning for 15-Passenger Vans Users, NHTSA, May 20, 2009

Nation’s Top Vehicle Safety Official Urges 15-Passenger Van Users to Drive with Caution this Summer, NHTSA, May 12, 2009

Related Web Resources:
Safercar.gov

Fatalities to Occupants of 15-Passenger Vans, 1997-2006, NHTSA, May 2008 (PDF)

Continue reading " Oregon Car Accidents: NHTSA Warns Against 15-Passenger Van Accidents " »

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

Posted In: Motor Vehicle Accidents

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