Oregon Injury Lawyer Blog

Oregon state police are urging Drivers to slow down and exercise caution this holiday weekend after a state trooper was injured in an Oregon auto accident. The trooper’s patrol car was struck by an SUV that was driving too fast in bad weather near the Columbia River Gorge, according to a report in the Gresham Outlook.

The accident took place on I-84 near the town of Hood River. The paper reports that State Police Sergeant Pat Shortt was slowing down so that he could pull over to assist a disabled motorist when he was struck from behind by an SUV that, in addition to its driver, was carrying four children. Sgt. Shortt was treated at a local hospital for minor injuries and later released. The SUV’s driver was cited for reckless driving.

In the wake of the Hood River injury auto incident the state police are reminding drivers to use extra caution on snowy and icy roads during this winter driving season.

It is also, however, worth remembering that accountability for poor winter driving goes beyond the issue police citations. Even if no one is cited during an Oregon auto accident, someone who has been injured may be able to claim compensation. If you have been injured in an Oregon car accident, a Portland personal injury attorney can offer valuable advice regarding where you stand legally and whether you may be entitled to compensation or damages for your injuries, damage to property (your car, for example), lost wages or salary and pain and suffering.

Gresham Outlook: Drive Carefully on Icy Roads

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

Posted In: Car Accidents

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The new Oregon distracted driving law that comes into effect Friday has been getting a lot of attention over the last week. This weekend, however, the state’s leading newspaper raised serious questions about whether the law already contains a fatal flaw.

An editorial in the Portland newspaper The Oregonian points out that the Oregon distracted driving law requiring drivers to use a hands-free device if they are talking on the phone while behind the wheel contains an exception for people “operating a motor vehicle in the scope of a person’s employment if operation of the motor vehicle is necessary for the person’s job.” The paper says the language was inserted at the insistence of business lobbyists, but worries that “necessary for a person’s job” is not defined anywhere in the legislation.

The loophole, the paper notes, “may well be big enough for real estate agents, contractors, FedEx drivers and just about anyone who needs a car for work.” Interpretation of the provision will lie with Oregon’s courts, and it may take some time for legal judgments under the new law to offer Oregon distracted driving attorneys guidance on what “necessary for the person’s job” means in practice.

The uncertainty likely to surround the new distracted driving law makes consulting with a Portland distracted driving attorney especially important if you are facing distracted driving charges brought under the new law, or have been the victim of an accident in which you believe the other party may have been in violation of Oregon’s cell phone ban. An Oregon distracted driving lawyer can be a key ally if you find yourself forced to navigate what, for Oregonians, is still relatively uncharted legal territory.

The Oregonian: A New Year’s Resolution on Cell Phones

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

Posted In: Distracted Driving

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The City of Portland has hired an outside audit and investigative group to look into the police department’s handling of the 2006 death in custody of James P. Chasse Jr, according to a recent article in The Oregonian.

Chasse died of what the newspaper describes as “broad-based blunt-force trauma to the chest”, including 26 breaks to his ribs. An initial investigation by Portland’s police chief found that only one officer had violated department policy in relation to Chasse. A later investigation by the police commissioner ordered a two-week suspension for two officers. Last October, however, the city auditor ordered a further investigation. The city will now hire a California firm that specializes in cases like this to review all aspects of the department’s conduct relating to Chasse and his death.

Cases like Chasse’s raise the issue of Portland wrongful death. The mere fact that someone has been taken into police custody does not give law enforcement officials the right to mistreat them, or to sweep Oregon mistreatment under the rug if it occurs.

Mistreatment at the hands of the police or other law enforcement officials can lead to serious injury and even to Oregon wrongful death. Even if no criminal charges are filed, it is only prudent to consult with a Portland wrongful death and personal injury attorney to examine what legal recourse you may have in the face of alleged official misconduct. The Chasse case raises disturbing questions, but even much less severe cases deserve their day in court with the assistance of a dedicated Portland personal injury and wrongful death lawyer.

The Oregonian: Portland hires outside auditors to review police internal investigation into James Chasse’s death in custody

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

Posted In: Wrongful Death

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A three vehicle Oregon car crash on Route 20 between Corvallis and Albany injured nine people Christmas Eve, according to an article in The Oregonian. Quoting State Police, the newspaper reports that a pick-up truck driven by a 19 year old Salem man drifted out of the westbound lane and over the center line at about 6:30pm striking two oncoming vehicles.

The pick-up’s driver was taken to an Albany hospital with what were described as minor injuries. His three passengers, among then a baby and a toddler, also sustained minor injuries. The driver of one of the other vehicles and two of his passengers were transported to a hospital in Corvallis, all with serious injuries. Two other passengers from that car sustained minor injuries. The four people in the other vehicle were uninjured.

This tragic Christmas Eve accident is a tragic reminder of the need for special caution when driving in the dark in the wintertime.

If you have been involved in a similar accident it is important to seek the advice of a Corvallis car crash attorney as soon as possible. Even if you and your passengers have been lucky enough to escape injury, you may be entitled to compensation for damage to your vehicle, or for pain and suffering arising from the traumatic experience of the accident. In the unfortunate event of injury, an Oregon personal injury lawyer can help you obtain just compensation to cover medical bills, necessary therapy and lost wages or salary arising from an Oregon car accident.

The Oregonian: Nine injured in three-vehicle accident on Oregon 20 near Albany

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

Posted In: Car Accidents , Motor Vehicle Accidents

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In a tragic, yet timely, reminder of the need for safe driving this Holiday Season, KATU television reports that a teenager is in critical condition after an Oregon injury car accident near Salem earlier this week. The car was reportedly carrying five people when it crashed into a power pole and flipped over. Three other people inside the vehicle were also reportedly injured in the Salem auto accident. One person escaped injury.

KATU quotes police deputies saying alcohol was involved in the Oregon one car crash. All five people in the vehicle were in their late teens or early 20s, and the station reports that they became loud and abusive when firefighters arrived on the scene to rescue them.

The roadways are always more deadly around major holidays. Increased numbers of people are traveling whenever a holiday comes around, and anecdotal evidence suggests alcohol may also be more likely to be involved in a crash at this time of year.

If you have been the victim of an Oregon holiday traffic accident it is worth remembering that DUI and DWI laws are not suspended merely because it is the holiday season. Consulting with an Oregon car crash attorney as soon as possible is a prudent move, regardless of whether police at the scene issued citations or not. You may be entitled to compensation to cover medical bills and pain and suffering or to replace wages or income lost as a result of an Oregon car accident.

Making the holidays safe requires extra vigilance on the part of everyone on the road at this time of year.

KATU: Police: Crash victims ‘tried to fight with the deputies’

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

Posted In: Car Accidents , Motor Vehicle Accidents

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The Oregon truck death of a driver who had stopped to put on chains is a timely, if tragic, reminder of the need to use extra caution in the coming months as winter settles in throughout the Northwest.

According to local media reports, truck driver Milton Melton of Colville, Washington was killed and a fellow driver injured last week when they were hit by another truck as they worked to ‘chain up’ on I-84 near Ontario, on the Oregon-Idaho border. The Idaho Press-Tribune quotes local law enforcement officials saying they believe a semi-trailer struck both men. Melton’s colleague was taken to hospital with what were described as “non-life threatening injuries”.

As anyone who has had to do it can tell you, chaining up along the roadside can be a nerve-wracking experience, even in daylight hours. The Ontario, Oregon fatal truck accident reportedly took place around 8am at a time when heavy snowfall had significantly reduced visibility. The Press-Tribune reports that the driver of the truck that caused the Oregon truck collision left the scene, but was later taken into custody at a nearby truck stop.

If you have been injured, or a loved one has died, in an Oregon truck accident prompt consultation with a Portland truck accident lawyer is essential. You may be entitled to compensation for you injuries, as well as lost wages, damage to your vehicle and for pain and suffering. Winter driving can be unusually stressful and dangerous, but that does not absolve truckers – or anyone else – of their responsibility to exercise extra care when conditions are perilous and visibility limited.

KMVT: I-90 accident claims two lives; truck driver loses life while chaining up

Idaho Press-Tribune: Nampa man hurt in crash that kills truck driver in Oregon

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

Posted In: Truck Accidents

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An update on an issue I wrote about last month (click here to see the original post from November 21): as part of the last minute maneuvering to round up 60 votes for health care reform legislation in the US Senate, the measure ending the health insurance and medical malpractice insurance companies’ exemption from anti-trust law was dropped from the bill.

The measure was originally proposed by Senator Patrick Leahy (D-Vermont) and supported by Oregon’s Attorney General. It would have made the legal situation surrounding Oregon medical malpractice more favorable to patients by ending an exemption from anti-trust law that health insurance companies and medical malpractice insurance companies have enjoyed since the 1940s. The exemption makes it much harder for Oregonians who have been injured through medical malpractice to sue insurance companies or for families to sue in the event of a loved-one’s death.

Leahy, backed by a number of state attorneys general, proposed repeal of the exemption when the Senate began its debate on the health care reform bill last month. Retaining the exemption, however, was one of the conditions that Senator Ben Nelson (D-Nebraska) extracted from party leaders as a condition of his vote to end a Republican filibuster against the bill.

The measure would have made it easier for an Oregon medical malpractice lawyer to take on the large insurance companies. Under present law, the anti-trust exemption frees health insurers from many aspects of competitive pressure. That, in turn, makes them less willing to settle cases brought by victims of malpractice or insurance abuse. This patient-friendly measure is not entirely dead, however. It was contained in the version of the legislation passed by the House and may still survive the House-Senate conference that will craft a final bill after the Christmas break.

New York Times: Comparison of Senate, House health care bills

Washington Post: Deal on health bill is reached

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

Posted In: Medical Malpractice

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The step-Grandmother of a 16-year-old Eugene girl who died after alleged torture and abuse by her mother and stepfather says she made repeated efforts to warn state child welfare officials of the situation, according to a recent article in The Oregonian. This tragic, and extreme, case of Oregon child injury reminds us all of the importance of accountability whenever the safety of children is in question.

Eugene teenager Jeanette Maples died last week after what court papers describe as “intentional maiming and torturing.” As criminal charges against her mother and stepfather moved forward, the head of Oregon’s Department of Human Services ordered an investigation of the conduct of the caseworkers involved with Maples and her family.

The charges from Maples’ step-grandmother emerged into the media shortly thereafter. Lynn McAnulty says she told child services officials on several occasions over the last few months that she was concerned for Jeanette’s welfare, fearing that the Oregon child’s injuries had been caused by other members of her family.

Torture and child abuse are, first and foremost, criminal matters; but if government officials charged with preventing criminal conduct fail to do their jobs civil liability can also arise. An Oregon child injury lawyer can offer advice on the conduct of government officials and whether it rises to the level of negligence.

Accountability is an important principal of our system of justice. A Portland child injury lawyer can offer important advice on how to proceed if you believe an Oregon child is suffering, in part, because failing to do all he or she can to stop it.

The Oregonian: Grandmother of slain teen says she repeatedly called the state child abuse hotline

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

Posted In: Injuries to Minors

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On January 1 Oregon joins the ranks of states banning texting while driving as well as the use of a hand-held cellphone. A recent blog and accompanying discussion on the New York Times website, however, asks an intriguing question for Oregon distracted drivers: are you willing to acknowledge that your own behavior behind the wheel is a problem?

The Times cites a recent survey conducted by the AAA Foundation. As the paper paraphrases the results: “essentially, many people believe, ‘I can do it safely, but you’re a menace.’” This attitude, of course, is hardly confined to the question of telephone use. How many people do you know who are actually willing to say ‘I’m a bad driver’?

Examining this attitude is especially timely. Though the new Oregon distracted driving law allows for primary enforcement (i.e. the police can pull you over just for talking on a cellphone – they will not need to look for some other initial violation, such as speeding or driving recklessly) the fine for violating the law will be relatively low ($90). Moreover, in most states that already have these laws few people, in practice, get ticketed just for using a phone.

Legally speaking, of course, the answer is that Oregon distracted driving is – and ought to be – everyone’s problem. Distracted drivers make the road less safe for all of us. That is why civil liability is so important here. Above and beyond the criminal sanctions coming into force next month, people who drive while texting or talking on a handset need to know that they are exposing themselves to significant Oregon personal injury liability. A Portland distracted driving lawyer can help you recover the damages you deserve if you have been injured by an Oregon distracted driver.

Take the new law to heart both in your own driving, and in considering, after an accident, whether an Oregon personal injury lawyer can help you get the compensation to which you may be entitled.

New York Times: Do multitasking drivers have double standards?

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

Posted In: Distracted Driving

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Lawyers acting on behalf of a brother and sister who were abused and starved while in foster care are suing Oregon’s Department of Human Services for $32 million. The Oregon child injury case is a reminder that civil as well as criminal legal remedies exist for Oregon child injuries.

An 8 year old girl and her 6 year old brother were removed from their biological mother’s care in 2002 because of drug use, according to an article in yesterday’s Oregonian. By 2004, however, the children (then aged 10 and 8) were being beaten regularly and starved by their foster parents in Clackamas County, a situation DHS failed to pick-up on despite several attempts by the children to alert case workers. Eventually the children had to be evacuated to a hospital – the girl with a broken skull.

The lawsuit filed on their behalf seeks $3.3 million in damages for the boy. The remainder is for the girl, who suffered brain damage and will need lifetime physical and mental care. Both children have since been adopted.

Most foster parents, of course, are loving and supportive. When the system goes badly awry, however, foster parents as well as state officials and agencies who placed children in a clearly dangerous environment can and should be held accountable. According to The Oregonian, attorneys involved in this Oregon child injury case, which has been filed in Portland in Multnomah County Circuit Court, say the state and DHS have not done enough to account for their behavior or to punish the DHS caseworkers and supervisors who allowed the situation to spin out of control. The foster father was sentenced to two to five years in prison for criminal mistreatment, while the foster mother received two years probation.

A Portland child injury attorney can help parents and abused children alike take on abuses and dereliction of duty by state and local officials charged with overseeing child welfare. A comprehensive consultation with an experienced and compassionate Oregon child injury lawyer can be a key step in moving beyond the criminal courts in your effort to protect the rights of an injured child.

The Oregonian: Foster children who were starved file $32 million suit against Oregon

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

Posted In: Injuries to Minors

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One driver is hospitalized in Portland with serious injuries after an Oregon truck crash involving two fully-loaded log trucks, according to local media reports.

The accident took place late Wednesday morning on Highway 226 between Lyons and Scio, southeast of Salem. An eastbound log truck tipped over as it tried to make a right-hand turn, according to The Oregonian. As it turned over, the eastbound truck crashed into another log truck heading west on the same road. The driver of the eastbound truck was flown by helicopter to a Portland hospital, where he is listed in serious condition.

The accident reportedly closed the highway for several hours while police investigated.

Among motor vehicle accidents Oregon truck crashes are some of the most serious. Log trucks and semi-trailers can cause particularly severe damage when they collide with each other, and can do even greater damage to ordinary passenger vehicles. If you have been involved in an Oregon truck accident consulting with a Portland truck accident lawyer as soon as possible should be among your top priorities.

People injured in an Oregon truck accident may be entitled to compensation for vehicle damages, personal injuries, hospital bills, loss of income and pain and suffering. Prompt consultation with an experienced Portland truck crash attorney can be a key first step in securing the restitution you may be due.

The Oregonian: Log truck driver seriously injured in Highway 226 crash

KVAL.com: Veneta man in Portland hospital after log trucks collide

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

Posted In: Truck Accidents

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Police in Gresham, just east of Portland, have arrested a suspect in a hit-and-run Portland auto accident that injured four people, three of them from the same family. According to a report in The Oregonian, a 26-year-old Gresham man has been charged with two counts of felony hit-and-run, one count of reckless driving, four counts of reckless endangering, three counts of criminal mischief and with driving without a license. The paper quotes Gresham police saying the man has confessed to the crime.

The Portland injury crash took place at the corner of SE Stark and 181st St last Friday. According to the Salem News, the suspect rear-ended a vehicle carrying a family of three that was stopped at a traffic light, forcing that car into the one in front of it. All three people in the first car as well as the driver of car it was shoved into had to be transported to area hospitals for treatment. The driver of the pick-up fled, but police arrested him later that evening.

After an accident like this prompt consultation with a Portland traffic accident lawyer should be a top priority. The criminal charges filed against the alleged driver of the pick-up truck are separate from, and do not address, civil liability. Put another way: in a situation like this the criminal charges may take a reckless driver off the road, but they will not pay the victims’ hospital bills or compensate them for lost wages or pain and suffering.

All of these are elements of Oregon hit-and-run cases that an experienced Oregon hit-and-run accident attorney can help you sort through and address. Prompt action following an accident can be a key step in protecting your rights and obtaining the compensation to which you may be entitled.

The Oregonian: Suspect arrested in Gresham hit-and-run crash

Salem News: Hit-and-run crash sends family of three and another motorist to hospital

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

Posted In: Car Accidents , Motor Vehicle Accidents , Personal Injury

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