Oregon Injury Lawyer Blog

A study published earlier this month by the Pew Internet & American Life Project documents what many of us probably knew in our hearts: distracted driving is more than just a teen problem. Following up the Project’s 2009 study of teens and distracted driving, the new report finds that “one in four American adults say they have texted while driving”. In fact, the proportion for adults who acknowledge having engaged in this especially dangerous activity – 27% - is basically the same as the percentage of teens – 26% - who acknowledge doing so.

Perhaps more shocking is the fact that 17% of all adults acknowledge having been so distracted “while talking or texting that they have physically bumped into another person or object” while behind the wheel.

As I have noted in a number of previous posts on Portland distracted driving, Oregon is one of a growing number of states that are attempting to crack down on the practice through legislation. With a small number of exceptions, Oregon distracted driving became illegal throughout the state at the beginning of this year. In a society where, according to the study, 82% of Americans over age 18 now own a cellphone and 58% of them text, distracted driving is likely to continue growing as an issue.

Portland, Salem, Medford and Eugene distracted driving all pose a danger to everyone on the road. While the practice is now illegal here in Oregon it would be naïve to believe that it has stopped. If you or a loved one have been in an accident involving an Oregon distracted driver it is important that you seek the advice and assistance of a Portland distracted driving lawyer as soon as possible. An Oregon personal injury attorney with a specialty in distracted driving can offer essential advice on the best way to protect your rights and receive the justice you deserve if you have been injured as a result of someone else’s irresponsible behavior behind the wheel.

The Money Times: Adults equally guilty of texting, talking as teens – study

Pew Internet & American Life Project – Adults and Cell Phone Distractions

A Supreme Court decision issued today allows an Oregon sexual abuse lawsuit against the Vatican to go forward, raising the possibility that the Catholic Church may have to defend itself in Oregon courts against allegations that it covered up repeated abuse by a priest.

The Oregon child abuse case, officially known as Holy See v John Doe, was brought by an alleged abuse victim. It turns on the actions of Father Andrew Ronan, an Irishman who the church moved from his native country to Chicago and later to Portland as abuse accusations followed him from place to place from the 1950s through the 1980s, according to Associated Press. Ronan died in 1992. The suit’s plaintiff is seeking damages from the church, as Ronan’s employer, for abuse he suffered as a teenager in 1965.

The Vatican, in turn, claims that as a sovereign state it is shielded from such liability under the Foreign Sovereign Immunities Act – a law that prevents individuals from suing foreign countries except in a few, relatively narrow, circumstances. On Monday the Supreme Court turned down the Vatican’s appeal, letting lower court rulings in favor of the plaintiff stand. Those earlier rulings held that the Vatican’s sovereign immunity was not absolute and that the church “could be sued in a U.S. court on certain grounds,” according to the Washington Post.

This important ruling strengthens the principal that abusers and those who facilitate their actions can be held to account in our courts. In reaffirming the right of Oregon abuse victims to sue for compensation for the violence and trauma they have suffered, the court sent a message that should resonate with any Oregonian injured by a powerful institution.

An Oregon personal injury lawyer can help clients explore the complexities and nuances of this ruling and advise on whether they open new opportunities for plaintiffs to seek justice – even for abuse that occurred a long time ago. In reaffirming the accountability of powerful institutions, the court has struck a blow for all Oregonians contemplating personal injury lawsuits.

Washington Post: Supreme Court to allow sex-abuse suit against Vatican to proceed

AP via The Oregonian: U.S. Supreme Court lets Vatican sex abuse lawsuit move forward on former Portland priest Andrew Ronan

The Oregon Supreme Court sided with cigarette giant Philip Morris last week in refusing to reinstate a $100 million punitive damage ruling issued by a lower court in 2002. That earlier ruling was overturned by a state appellate court in 2006.

It is important to note that one part of the Oregon product liability and wrongful death case still stands: the original Oregon jury award of more than $164,500 in “economic losses, pain and suffering” is not affected by the ruling regarding punitive damages, according to The Oregonian. Moreover, the Supreme Court ruling does not mean that the case is finished or that punitive damages have been disallowed: merely that the issue of Oregon punitive damages must be reargued before a lower court.

The case concerns a Salem woman who died in 1999 after decades of regular smoking. According to The Oregonian, she switched to low-tar cigarettes in 1976, after a dozen years of smoking, believing that low tar cigarettes would be less problematic for her health. Oregon personal injury attorneys representing the woman’s family argued that Philip Morris possessed study data showing that smokers of low-tar cigarettes tended to inhale longer and more deeply, thus negating the alleged benefits of the product. The company, however, did not disclose this information to consumers.

The state appellate court threw out the $100 million Oregon punitive damage award on the grounds that the trial judge had incorrectly instructed jurors as they began their consideration of the verdict. From an Oregon personal injury attorney’s perspective this seeming legal technicality could prove to be of great use to clients over the course of time. Smokers seeking to gain justice after suffering decades of harm can take comfort from the fact that the Supreme Court’s ruling turned on the manner of the judge’s instructions to the jury, rather than on the substance of the claim that cigarettes can cause extensive damage to smokers and people around them.

Though smoking lawsuits can be particularly long and complex, that does not mean that people injured by tobacco companies should not consider pursuing them. Justice can be a long and trying road. With the assistance of an Oregon personal injury lawyer it is, however, a goal you can attain.

The Oregonian: Oregon Supreme Court says Philip Morris doesn’t have to pay $100 million for smoker’s death

Businessweek: Philip Morris $100 million punitive verdict reversed

An enormous recall effort effecting over 2 million baby cribs distributed under the brands of seven different companies was announced this week. The recall action raises issues of liability and responsibility that many Oregon parents would do well to think about in the coming days and weeks.

The recall applies specifically to so-called ‘side-drop’ cribs, in which one of the crib’s long sides is hinged to allow parents easier access to the baby. According to the Consumer Product Safety Commission, the sides of the cribs in question can come loose and drop unexpectedly, creating the danger of trapping children’s heads as they fall. The Associated Press reports that no deaths have been linked to the cribs, but that “at least 16” instances of entrapment have been documented, including one that led to the hospitalization of a child.

The CPSC’s website warns parents not to try to repair the cribs themselves and notes that “new mandatory standards to make cribs safer” are being prepared by the agency. These are expected to be formally issued before the end of this year. The Commission’s website offers links to the manufacturers of the recalled cribs, through which consumers can obtain information on the specific recall procedures for different brands.

Oregon parents who believe their baby may have been injured by one of the recalled cribs or a similar model should immediately contact a Portland product liability lawyer with extensive experience in Oregon personal injury law. It is especially noteworthy that this is not the first recall the CPSC has issued for these kinds of cribs. According to the Commission’s website “nine million drop-side cribs have been recalled over the past five years” – a fact that indicates a long-standing awareness of the problem on the part of both the government and the crib manufacturers.

Portland personal injury lawsuits, especially those involving injuries to children, can be lengthy and unusually complex. They need not, however, be intimidating if you first take the time to consult with an experienced Portland product recall attorney. An Oregon child injury lawyer can help safeguard both your rights and your children’s safety.

AP via The Oregonian: Over 2 million cribs recalled amid safety concerns

Consumer Product Safety Commission – Official press release announcing crib recall

A 19 year old Sunriver man is in jail following a weekend Oregon car crash in which he is alleged to have intentionally rammed a police car, according to the Bend Bulletin. The newspaper reports that the final crash came after the alleged perpetrator skipped out on a restaurant check in one establishment, stole beer from another and finally led police on a three-mile high-speed car chase.

The paper reports the suspect intentionally rammed a police car that was trying to get him to stop. The suspect is now in the Klamath County jail following the Oregon car crash. The Bulletin reports that he is being held pending $45,000 bond. The crash occurred on Highway 97 near Bend, according to The Oregonian.

It goes without saying that most of the legal problems this suspect will now face are criminal in nature. The incident, however, is a reminder that Oregon robberies and Oregon car chases that result in car crashes can also create civil liability – issues of fairness and justice which the criminal courts are not necessarily able to address.

If you or a loved one have been involved in an Oregon car crash in which the driver was running from the law the advice an Oregon personal injury and car crash lawyer can offer can be an invaluable part of your decision-making process. Deciding what to do next after an Oregon car accident, particularly one that also involves criminal charges, can be difficult and distressing. An Oregon car crash attorney can help you examine and consider your options as you seek justice in the wake of another driver’s recklessness and Oregon negligence.

The Oregonian: Sunriver man arrested after a chase and a crash into patrol car

Bend Bulletin: Sunriver man arrested after crash, chase

The death last year of a patient at the Oregon State Hospital has led to reprimands for five hospital employees. According to the Salem Statesman-Journal a state official and “hospital leaders” decided that reprimands were a sufficient punishment for the five employees. The legal system, however, has yet to have its final say on this serious situation. Oregon wrongful death and Oregon medical neglect lawsuits remain a possibility.

The reprimands were occasioned by the death last fall of 42 year old Moises Perez. Perez died of coronary artery disease, according to The Oregonian, but “lay in his room across from the nurses station for several hours before his body was discovered.”

The paper reports that three nurses and two aides have now had letters of reprimand placed in their personnel files following an investigation by the OSH’s human resources department. The reprimands are not accompanied by any loss of pay or suspension from work. The Oregonian reports that one of the nurses failed to make monthly nursing summaries on Perez’s chart from June until the patient’s death in October. One of the aides was disciplined for failing to alert nurses when Perez did not “show up to take his 3:30pm medications” on the day of his death. A separate investigation of a doctor, being carried out by a medical board, is still under way.

Patients in a mental hospital are particularly dependent on hospital staff for their care and well-being. The issuance of the reprimands causes one to ask what would have to happen at OSH – and how widely the system might have to fail – for more serious disciplinary action to be meted out to hospital staff?

Beyond the obvious question of whether Perez’s demise constitutes an Oregon wrongful death, it is also essential to consider whether this case also fits the definition of Oregon medical neglect. Such questions involve complex interpretations of law, and are best addressed with the help of a Portland medical neglect lawyer with extensive experience in the laws relating to Oregon wrongful death. Professional sanctions are important but cannot, by themselves, make up for the loss of a loved one through Oregon hospital negligence. An Oregon wrongful death attorney can be a bereaved family’s most important ally when they approach the courts seeking justice in the wake of a tragedy such as this.

The Oregonian: Five Oregon State Hospital employees reprimanded for care to patient Moises Perez, who died last fall

Salem Statesman-Journal: Oregon State Hospital reprimands five in patient’s death

An Oregon car crash this weekend involving a motorist from Washington and a tractor-trailer left the out-of-state driver dead, according to both the Associated Press and The Oregonian. The crash occurred in St. Helens, west of Columbia City and northwest of Portland.

Investigators told The Oregonian they believe the victim, a 44 year old woman from the Seattle area, crossed the center line of US 30 as she was heading north around midday Friday. She collided with an oncoming commercial truck hauling two empty trailers and headed south on the same road. Though airlifted to a Portland area hospital following the Oregon car-truck accident the woman later died.

Oregon truck crashes can be among the most serious of Portland auto accidents. The relative sizes of ordinary cars and large trucks leaves drivers especially vulnerable in the event of an Oregon car and truck accident. In the St. Helens crash, for example, the driver of the truck was uninjured, according to The Oregonian.

Victims of Oregon car and truck crashes – or their surviving loved ones – are well-advised to make contact with an experienced Portland truck crash attorney as soon as possible after any serious Oregon car and truck accident. The circumstances surrounding every accident are different, but only a specialized Oregon auto accident attorney can determine whether the courts are likely to offer victims in particular circumstances the justice they deserve following a crash. Arranging at least an initial consultation with an Oregon car and truck accident lawyer is often an essential first step for victims seeking justice in the wake of a tragedy.

The Oregonian: Woman injured in crash on US 30 near Columbia City dies

AP via the Seattle Times: Lynwood woman, 44, dies of injuries from Ore. crash

As I have noted in a number of previous posts, the new Oregon distracted driving law which came into effect this year allows for “primary enforcement”. That means Oregon police officers can pull drivers over for talking on a handheld cellphone. In some other states, where primary enforcement is not the rule, police must first have noted another offense (speeding, for example, or reckless driving) and may then ticket cellphone use or texting as a secondary, or additional, charge after making the initial traffic stop.

While there is relatively little Oregon distracted driving data available so far (the law has not yet been in force for six months), anecdotal evidence suggests that few of the state’s police departments have made a strong primary enforcement push regarding the distracted driving law.

That, however, may be beginning to change. As the Siuslaw News reports, Florence officials have come to believe that the cellphone ban is not being taken sufficiently seriously. City police issued more than 55 warnings for violations of the Oregon distracted driving law last month alone. The paper quotes the police chief: “That’s way too many for a town our size,” and indicates that officers intend to begin cracking down.

Police officials quoted by the newspaper also warn against viewing the Oregon distracted driving law’s exemption for people using handheld cellphones “if operation is necessary to their job” as an easy way around the ban. As the local police chief notes, the actual wording of the law gives officers great discretion in deciding what constitutes a “necessary use” of a cellphone when behind the wheel.

Oregon distracted driving is a serious issue that can have civil as well criminal consequences. If you have been the victim of an accident involving a Portland, Florence, Salem or Medford distracted driver it is essential that you speak with an experienced Oregon distracted driving attorney as soon as possible after the incident. A Portland distracted driving lawyer can help you win the compensation you deserve, and ensure that reckless and distracted drivers pay for their negligence.

The Siuslaw News: Florence police say: Hang up and drive

A Portland fatal shooting late last week led to an Oregon death that police describe as accidental, according to The Oregonian. Despite that description, the paper also reports that one person was taken into custody at the scene of the shooting, in Northwest Portland, raising the possibility that an Oregon wrongful death may have occurred.

The newspaper, quoting police sources, reports that police received a 911 call on June 10 indicating that a man had been shot. Arriving at the scene they found the man to be wounded in the chest, but still breathing. He was transported to an area hospital, where he later died. A neighbor told the paper that “she saw the police remove two or three guns” from the house where the shooting took place. The paper reported that homicide detectives has closed off the scene of the shooting and were investigating the precise circumstances of the incident.

One man was reportedly detained at the scene of the incident.

Even if the incident ultimately was an accident the precise circumstances of the shooting could become very important in a court of law. Situations such as this raise the possibility of a Portland wrongful death claim originating with relatives of the deceased man. Determining whether such a judgment is possible and whether it the facts of the case merit a trip to court is best done with the assistance of an experienced Portland wrongful death attorney, who can help guide surviving family members through the complexities of the court system.

An Oregon wrongful death lawyer can help surviving family members examine their options with the goal of obtaining justice in the wake of tragedy.

The Oregonian: Man dies after accidental shooting in Northeast Portland, police say

If you arrive in a hospital emergency room unconscious and suffering from an Oregon traumatic brain injury can the doctors use you for a medical experiment without your consent? You might have thought the answer to that question was pretty obvious: absolutely not. According to a recent article in the Portland Tribune, however, you would be wrong.

The Tribune reports that researchers at Oregon Health & Science University, beginning this week, are using a loophole in federal regulations governing medical studies on humans to move ahead with an Oregon brain injury study. Under the so-called “community-wide study exception” the hospital has staged about 20 community meetings to explain its proposed brain injury study and may now presume that any unconscious person brought into the emergency room with an Oregon traumatic brain injury has consented to involvement in the study unless they are wearing a bracelet that declares otherwise, or family members arrive at the ER within one hour of the patient’s admission and refuse to consent to the injured person’s enrollment in the program.

The study in question involves use of progesterone, a hormone that may help severely injured patients recover from brain injuries. It raises, however, a broader question of what ‘informed consent’ ought to mean in the real world. Can an entire community legitimately be said to have agreed to be involved in a study on the basis of a series of public meetings, some of which, according to the paper, were attended by only a handful of people? What about people from elsewhere in Oregon or from out of state who are unlucky enough to be involved in a Portland auto accident and just happen to be taken to OHSU?

This development is particularly troubling for the precedent it sets. Indeed, the Tribune article notes that other studies have been conducted here in Oregon under the “community-wide” exception.

Situations like these are a reminder of the important role a Portland traumatic brain injury attorney can play in protecting your rights when you are unable to speak for yourself. Medical studies are important, but that does not mean a severely injured person’s consent to participate in a serious medical experiment ought to be presumed on the basis of where they live or what hospital first-responders happened to transport them to. An Oregon brain injury lawyer can work with your loved ones to ensure that your wishes are honored – not merely inferred.

Portland Tribune: Brain injury study hopes to overcome ‘consent’ concerns

A misunderstanding in Aurora led to an Oregon dog attack and, eventually, a police shooting last week according to an article in The Oregonian.

Citing police spokesmen, the paper reports that officers investigating a report of teens breaking into a house were charged by what they described as an aggressive dog, which one officer eventually shot in the leg. The police say the officer was acting in self-defense, and a spokesman later described the Aurora dog attack shooting as justified.

The call itself, however, was the result of a misunderstanding. According to the paper the neighbor who phoned the police in the first place was unaware that the teens were taking care of pets in the home – not breaking in.

This unfortunate incident is a reminder, however, of the importance of keeping pets properly leashed at all times, especially dogs who may be prone to attack or bite. Portland dog attacks can lead to serious injuries or even death. In this case, for example, the fact that a neighbor acting in good faith misunderstood what the teens were allegedly doing is separate from the fact that someone’s large, potentially violent dog was unleashed and in a position to attack.

Victims of a Portland, Aurora, Medford, Eugene or Ashland dog attack should immediately contact an experienced Oregon personal injury lawyer with special experience in dog attacks to discuss the specifics of their situation. The medical bills following an Oregon dog bite or dog attack can be significant. An Oregon dog bite lawyer can help you hold irresponsible pet owners accountable for their actions.

The Oregonian: Misunderstandings lead to police shooting dog of vacationing homeowners

Preliminary statistics covering Memorial Day weekend indicate that the highway death toll from Oregon car crashes dropped slightly this year. They also, however, still serve as a reminder of the importance of safe driving and the need for experienced representation if you are unfortunate enough to be involved in a Portland auto accident.

According to KPTV, 2010’s preliminary total of four Oregon fatal crashes over the holiday weekend is down one from last year, though it is still double the 2008 figure of two. Oregon State Police also made 73 drunk driving arrests over Memorial Day weekend, the TV station reports. According to The Oregonian that represents a drop from both 2008 and 2009.

Holiday weekends are almost invariably marked by an increase in the number of traffic fatalities nationwide, with Memorial Day weekend often being the worst holiday weekend of the year where Oregon car crashes and other Oregon holiday traffic deaths are concerned.

If you have been injured in a Portland, Medford, Eugene, Salem or Bend car crash it is essential that you consult with an Oregon personal injury lawyer as soon as possible after the incident. An experienced Portland auto accident attorney can look at your case from all angles and advise you concerning the best strategy for obtaining the justice you deserve. Holiday weekends can be busy, but that fact does not exempt drivers from taking necessary precautions while behind the wheel. When people fail to drive safely, an Oregon car accident lawyer can offer invaluable assistance in making your way through the legal system.

KPTV.com: 4 killed in holiday crashes on Oregon roads

The Oregonian: 4 killed in holiday crashes on Oregon roads