Oregon Injury Lawyer Blog

A new high-tech device represents an early – though almost certainly not the last – attempt to solve the problem of distracted driving via technology. An application called “Textecution” can, when installed on a compatible smartphone, disable texting, email and web surfing functions while the owner is driving.

According to the tech site TMC News the application is currently available only for handsets running Google’s Andriod operating system, though versions for other platforms are anticipated. The site reports that the application is being marketed to parents as a way to promote safer driving habits among teens. A number of studies in Oregon and nationwide have shown distracted driving – specifically texting or talking on the phone while behind the wheel – to be a growing problem. The legislature has sought to crack down on Oregon distracted driving by banning texting by Oregon drivers, as well as the use of phones without a hands-free device.

As TMC points out, in its early form Textecution has some bugs that may need to be worked out. It reportedly uses a phone’s GPS capabilities to determine whether the phone is in a moving vehicle. That does not, however, make it capable of distinguishing between a phone whose owner is driving the car and one whose owner is merely sitting in the passenger seat (or riding on a bus).

Still, it seems likely that as is so often the case in the world of personal technology a clunky early version will be followed within a year or two by something that does the same thing much more efficiently. It also is an indication of the seriousness with which citizens and policy-makers alike are coming to view Oregon distracted driving (were there no perception that people are taking the issue seriously there would be no incentive for software developers to try to find a market).

Even with technology striving to help fix this problem, the legal system remains a significant deterrent to dangerous behavior. If you or a loved one has been the victim of a Portland distracted driver, consulting with an Oregon distracted driving accident attorney should be a top priority. Even if the police have not cited one party to an accident for Oregon driving and texting, if such behavior played a role in the accident you may be entitled to significant compensation to replace lost wages and salary, or to help with medical bills.

TMC News: Textecution Disables Texting, Email and Web Browsing While Driving

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

Posted In: Distracted Driving

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Police in Florida responding to reports of a dog that was loose and attacking people shot and killed a pit bull in the Orlando area this week, according to a report in the Orlando Sentinel.

According to a recent Oregon government report on animal bites, “each year, nearly 4.5 million Americans are bitten by dogs, and nearly 25% of those bitten require medical attention.” In the Florida case, two officers answered a call after local residents reported dog attacks. The Sentinel quoted police official reports which stated that upon arriving at the address the officers tried to capture the dog, but were forced to shoot it after it attempted to attack them. It was, the paper reports, the second such incident in the Orlando area in a month.

Though dogs are often beloved pets, owners have a responsibility to keep them under control, lest they become a danger to the wider neighborhood. Last year, an Oregon state study using data from June 2002 to July 2003 found records of 636 Multnomah County dog bites – a surprisingly high number, even for Oregon’s most populous county. Boys age 5-9 were the most likely to be bitten, according to the survey. This Portland dog bite data highlights the importance of strong legal representation by an experienced Oregon dog bite attorney should you or a member of your family become the victim of an Oregon dog attack.

Dog bites, according to the State public health division, account for 85-90% of all animal bites requiring emergency room treatment. A Portland dog attack attorney can be a key ally in winning the compensation you deserve in the wake of a biting incident.

Orlando Sentinel: Pit-bull attack: OPD officer shoots, kills attacking dog

Oregon Department of Human Services – Public Health Division: May 2009 Newsletter on Animal Bites

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

Posted In: Dog Attacks

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A Vancouver WA man is under arrest after leading police on a high-speed chase that ended with an Oregon Car crash on Sauvie Island. According to TV station KPTV, the driver, identified as 35 year old Ashley Siclovan, led police on a chase at speeds in excess of 100 mph for 18 miles. A police car was disabled while attempting to stop him. The chase eventually ended in an Oregon car accident when Siclovan allegedly crashed his vehicle into the gate of a state fish and wildlife office on Sauvie Island.

According to The Oregonian, Siclovan was arrested and taken to the Columbia County jail. He has been charged with felony attempt to elude, reckless driving, criminal mischief and second degree kidnapping. The last charge relates to a female passenger who he let out of the vehicle after crossing onto Sauvie Island. The woman later told police that Siclovan had refused to let her out of the car as he attempted to escape from the police. She was not arrested.

It is fortunate that no one appears to have been harmed in the incident. The chase is a reminder, however, of the damage a reckless driver can potentially cause. If you or a loved one has been the victim of a Portland reckless or high speed driver consulting with an Oregon auto accident injury lawyer at the earliest possible opportunity is a prudent course of action. An experienced Portland personal injury lawyer can offer valuable assistance, and help you determine whether your situation merits a claim for injuries or other damages suffered in an Oregon auto accident.

KPTV.com: High speed chase ends in Sauvie Island crash

The Oregonian: Police arrest Vancouver man after tag-team chase to Sauvie Island

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

Posted In: Motor Vehicle Accidents

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A state appeals court has upheld a $1.4 million Oregon medical malpractice judgment against the Oregon Health & Science University’s hospital and one of its doctors. The court rejected arguments by the university and doctor that state law capped Oregon medical malpractice liability at $200,000, according to local media reports. The Portland Business Journal reports that the hospital plans to appeal the ruling.

The focus of the case is former Portland TV host Ken Ackerman. According to The Oregonian, Ackerman contends that a botched 2003 operation to repair a bulging spinal disk has left him in near constant pain, reduced his dexterity in one hand and reduced his sensitivity to hot and cold on one side of his body. Ackerman sued for $5 million and was awarded $1.4 million after a 2006 Portland medical malpractice trial. His suit also challenged a law limiting damages against state employees performing their official duties to $200,000. The question of whether the law protected the doctor and hospital from damages above that figure was effectively resolved when the State Supreme court overturned the limits in a separate 2007 case.

Ackerman’s latest victory is good news for anyone who has been the victim of Oregon medical malpractice and is seeking compensation for his or her injuries. A Portland medical malpractice attorney can advise clients on the best ways to approach a case, based on the victim’s own particular experiences. In addition to medical bills and lost wages or salary, compensation can include awards for pain and suffering, and for lost potential income. The state’s moves to revise the old caps on liability awards is an important acknowledgement that in this age of ever-rising medical costs the value of damages associated with Oregon medical malpractice claims should also rise accordingly.

The Oregonian: Court rules that former Portland TV personality should get $1.4 million from doctor, OHSU

Portland Business Journal: OHSU will appeal $1.4M ruling

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

Posted In: Medical Malpractice , Spinal Cord Injuries

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A 38 year old Oregon cyclist died in an Oregon auto accident last week after being hit by a car on Oregon route 99 near Creswell. According to Oregon State Police, quoted by The Oregonian, the Portland-area bicycle and car collision took place when Creswell cyclist John Clayton was riding northbound on 99. Clayton died after being struck head-on by a car that had pulled out of the southbound lane to execute a pass.

The driver of that vehicle also sideswiped the car he was trying to pass. According to the Creswell Chronicle, Clayton was pronounced dead at the scene of the accident. The paper reported that he was wearing neither a helmet nor any reflective clothing, though it is worth emphasizing that he was riding as he was supposed to: with traffic, along the right-hand side of the road.

Clayton’s tragic and preventable death is a reminder of how important it is for Oregon drivers to take special care when they are around cyclists. Our state, and the city of Portland, are widely considered to be among the most bicycle-friendly places in America, but that does not mean every driver on the road uses the care and discretion one would hope for when they are around cyclists.

If you are a Portland cyclist who has been injured – or the loved one of an Oregon cyclist who has died – in an Oregon bicycle and car collision it is important to seek the advice of a Portland bicycle injury lawyer as soon as possible after the incident. Drivers are obliged to share the road with law-abiding Oregon cyclists. Those who fail to do so leave themselves open to significant civil, or even criminal, judgments.

The Oregonian: Police identify Cresswell man killed in car vs bicycle crash

Creswell Chronicle: Fatal vehicle/bicycle crash on Hwy. 99 near Creswell

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

Posted In: Bicycle Accidents

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The men’s hockey tournament at the Vancouver Winter Olympics got underway last night. As a recent article in the New York Times details, though many of the players appearing in the Olympics come from the NHL, hockey played under international rules – including all games in the Olympics – differs in several significant ways from the game Americans are accustomed to seeing. Many of the rule changes are designed to minimize traumatic brain injuries.

As the newspaper writes: “The biggest difference is on checks to the head. While the N.H.L. continues to debate whether some hits to the head should be penalized, the I.I.H.F. (hockey’s international governing body) has outlawed them.”

Another obvious difference: international hockey – like college hockey here in the States – shows no tolerance for on-ice fighting. More subtle differences include rules requiring visors and the use of chin straps on players’ helmets, and mandating that a player whose helmet comes off leave the ice immediately.

Taken collectively, the rules demonstrate a pronounced concern for player safety and a desire to prevent traumatic head injuries. The result will be games that, while hard-hitting, more closely resemble what one sees regularly in Oregon and elsewhere at the college level, as opposed to the NHL or other North American professional leagues.

These rule differences will come as a relief to anyone who has ever contemplated the effects of an Oregon traumatic brain injury and the effect it can have on a loved one’s life. If a loved one has been the victim of a Portland brain injury, whether through sports or as the result of an auto or bicycle accident, consulting with a Portland, Oregon traumatic brain injury attorney is a painful, but essential, step in the process of rebuilding a family’s life. Depending on the nature and circumstances of the injury your family, or loved one, may be entitled to compensation that will help cover medical bills, lost wages or other expenses.

New York Times: At Olympics, an NHL rink, but not an NHL style

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

Posted In: Traumatic Brain Injuries

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Two of the drivers involved in a four car Canby auto accident last week were hospitalized with one of them receiving a citation from police for his role in the Oregon car accident, according to a recent report in the Canby Herald.

The newspaper reports that the Portland area traffic accident took place on Arndt Road, near the intersection with Airport Road around 7 am on Wednesday shutting down traffic on Arndt road in both directions during morning rush hour. One of the drivers, 49 year old Michael Lee, was treated at a Portland hospital and was cited for both reckless driving and driving while suspended. A second driver, Hector Estrada-Vargas, was treated at a hospital in Tualatin.

The Herald, quoting police officers, reports that the accident began when Lee, who was traveling eastbound on Arndt Road, illegally passed another vehicle on the right. In executing the pass he lost control of his pick-up truck, careened into the westbound lane and collided with three oncoming vehicles, including the one driven by Estrada-Vargas.

Incidents like these remind us why it is important that our justice system offers injured parties recourse beyond the criminal citations issued by police at the scene. Victims of Oregon reckless driving or a Portland area auto accident of any kind should consult with a Portland personal injury attorney as soon as possible after the incident. Compensation for injuries and damages you suffer in an Oregon car accident can be substantial, depending on the nature of the crash. Seeking advice from an Oregon car crash lawyer at the earliest opportunity is the best way to protect your rights.

Canby Herald: Two hurt in four car accident

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

Posted In: Motor Vehicle Accidents

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The death of a North Carolina teenager shortly after he returned home from football practice has led his parents to file a wrongful death lawsuit. At a time when Oregon is focusing more attention on head injuries stemming from student athletics this tragedy on the other side of the country is a reminder that concussions and traumatic brain injuries are not the only things parents – particularly the parents of student-athletes – need to worry about.

According to the Durham Herald-Sun the 17 year old high school football player called 911 from home after experiencing stomach cramps following practice. A paramedic and a fourth-year medical student examined him “and advised him to continue to drink fluids.” The two rescue workers then left him alone. The teenager died a short time later. The incident, which took place in August 2008, has now led to a wrongful death lawsuit filed by the boy’s parents against the paramedic, county emergency services and the county government. The official cause of death has not been released, according to the Herald-Sun.

It would be wrong to discount the enormously important, and sometimes dangerous, jobs that paramedics and other emergency responders perform every day. This story is also, however, a reminder that when serious mistakes, or negligence, occur it is important that those responsible be held to account.

An Oregon wrongful death can be an especially traumatic event for the loved ones who are left behind. Should your family be unfortunate enough to suffer a situation like this, consulting with a Portland wrongful death attorney can be a first step toward bringing some balance, and peace of mind, back to the lives of family members left behind.

Durham Herald-Sun: Family of late Chapel Hill football player files wrongful death lawsuit

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

Posted In: Wrongful Death

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Monday marked the beginning of a two-week crackdown on dangerous driving, according to a recent report in the Eugene Register-Guard. Oregon auto accidents are the target of the statewide effort, known officially as the “Three Flags Safety Campaign.”

The name of the program to prevent Eugene fatal traffic accidents takes its name from what law enforcement officials cite as the three biggest factors in Oregon auto accidents: “driving impaired, driving too fast and failure to use seatbelts.”

Citing Eugene police department statistics, the paper reports that even though official estimates are that 96% of Oregonians use seatbelts, lack of a seatbelt remained “a major factor in half of Oregon’s traffic deaths in 2008.”

The fact that police feel the need to launch a coordinated, high-profile Oregon traffic safety campaign of this type is a reminder that there are still a remarkably large number of dangerous drivers on the road. If you or a loved one are unfortunate enough to be in an Oregon injury accident it is important that you consult with an experienced Portland or Eugene Personal Injury Attorney as soon as possible. Even if police officers at the scene opted not to cite anyone you may be entitled to civil damages arising from a car, truck or pedestrian accident.

The police are working to make out streets safer, but the justice system also plays a role in making seeing that Oregon reckless drivers pay for the damage they cause.

Eugene Register-Guard: Police to target driving dangers

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

Posted In: Motor Vehicle Accidents

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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

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

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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