Oregon Injury Lawyer Blog

Yamaha’s Rhino off-road vehicle is emerging as a target of significant personal injury lawsuits here in Oregon and elsewhere around the country, according to a recent article in The Oregonian. The paper notes that the Rhino, first introduced in 2003, is the subject of “about 700 injury and wrongful death claims” nationwide, including several in Oregon.

Only five such cases have gone to trial so far, and the company has won four of those (the exception was in Georgia), but, the paper notes, “Yamaha has quietly paid settlements in at least 40 Rhino cases, some on the eve of trial.” The paper’s reporting, which was compiled by the consumer watchdog organization FairWarning.org, also says the federal government’s Consumer Product Safety Commission “has received reports of 70 deaths in Rhino crashes.” An August 2009 CPSC news release notes that several models of the Rhino were recalled for repairs “in order to enhance stability and reduce the potential for rollover.” At the time of the recall the company also gave Rhino owners free helmets.

The company says the vehicles are safe, and that its winning record at trial proves it. Consumer advocates, according to The Oregonian, counter that the company has, until now, successfully cherry-picked cases it was likely to win: instances in which reckless driving appeared to have played a role in the injuries or deaths resulting from accidents involving Rhinos. A March 2009 CPSC report noted, however, that many of the more recent accident reports “appear to involve turns at relatively low speeds on level terrain,” according to The Oregonian.

Sorting through contradictory claims like these is exactly the sort of situation in which most consumers will benefit from the experience a Portland personal injury attorney can bring to the table. The first step on the long road to justice involves determining how the law is likely to view the injuries you or your loved ones have suffered, and then thinking through the best ways to present your case in a court.

Huge multi-national companies can sometimes appear to hold all of the cards, but with an Oregon personal injury and wrongful death lawyer in your corner your fight for justice after an accident stands a much better chance of succeeding.

The Oregonian: Yamaha faces hundreds of lawsuits over off-road rhino injuries, deaths

CPSC News Release Concerning the Yamaha Rhino

A Portland traffic accident last week that resulted in the death of a 54-year-old pedestrian is still under investigation by Oregon law enforcement authorities, according to The Oregonian and other local media. Though the police are reported to have issued no citations at the site of the accident, the incident raises the possibility of a Portland wrongful death claim.

According to The Oregonian, “Christopher Berard, of Southwest Portland, was crossing SW Barbur at SW Capitol Highway from east to west around 8:45 p.m. against the “Don’t Walk” signal” last Thursday when he was struck by a car headed south on SW Barbur.

Berard was transported to a nearby hospital following the Portland traffic accident, but subsequently died of his injuries, according to television station KPTV. Though the precise circumstances of the fatal Oregon car accident remain under investigation the driver of the car that struck Berard is cooperating with law enforcement, KPTV reports.

Any Portland fatal car accident is a tragedy. Situations such as this one, however, also raise legal issues that go beyond the question of whether or not the police issue citations. If you or a loved one have been the victim of an Oregon traffic accident in which someone was injured, or even killed, you owe it to yourself and your family to speak with a Portland traffic accident attorney at the first possible opportunity.

The fact that no citations were issued at the scene does not mean that the driver cannot, or should not, be held responsible for his or her actions. An Oregon personal injury attorney with deep experience in Oregon wrongful death and Portland traffic accident cases can advise you and your loved ones of the best course of action as you strive to put your life back together while seeing that justice is done.

KPTV.com: Pedestrian Dies Following SW Portland Wreck

The Oregonian: Pedestrian dies after being struck while crossing SW Barbur

An alleged hazing incident involving football players at a Florida high school has rapidly escalated into mutual recriminations between the alleged victim’s parents on the one hand, and school officials and their attorney on the other. The parents are now threatening to sue the school, while a former attorney for the school district has criticized his successor’s handling of the case. Here in Oregon, we can see the case as an example of the sort of behavior schools, teachers and coaches need to be on the lookout for. Oregon bullying can lead to Oregon child injuries. When there is a danger of that happening, parents need to be vigilant, and assure that educators are doing their jobs.

According to the Orlando Sentinel, the parents allege that their 15-year-old son was “beaten, choked unconscious and thrown in a garbage can.” Their attorney – who until recently was the school district’s chief counsel – told reporters he believes the school district downplayed the incident because the high school athletes involved are among the top-rated football players in the state. He also criticized the current attorney for the school district for comparing the accused players to the Duke University lacrosse players who were falsely accused of rape several years ago.

The school, for its part, says the family has not cooperated with its investigation, and claims the parents have not produced medical records to substantiate their allegations. The parents, in turn, allege that by publicizing the case the school has violated their son's privacy.

The fact that the alleged victim flew to New York to tell his story to CBS on national television and that the family have asked the Rev. Al Sharpton to act as their spokesman has done little to dampen the emotions surrounding the case.

Setting those emotions aside, however, Oregon parents can see clearly that on a basic level the alleged victim’s parents in Florida have done what they felt they had to in terms of protecting their son. Any Oregon child injury is a traumatic experience for the entire family. If there is any suspicion that school officials may not have fulfilled all of their duties and obligations, parents owe it to themselves to contact a Portland child injury lawyer for assistance in considering their options. Justice, unfortunately, cannot be assumed and must often be fought for. An Oregon personal injury attorney with experience both in sports injuries and in injuries to children can be your most important ally in that quest for justice in the days and weeks following an accident.

Orlando Sentinel: Parents say they’ll sue school district over Dr. Phillips locker-room incident

A driver who allegedly hit two Portland cyclists in the space of a minute is being sought by police, according to an account of the incidents in The Oregonian. The Portland car and bicycle accidents took place “shortly before 8 a.m. Tuesday”, the paper reports. In both instances police describe the bikers as lucky to be alive, and say that officers were shocked by the apparent circumstances of the incidents.

Citing law enforcement sources as well as eye-witnesses, the newspaper describes a young (age 18 to 20) and erratic man driving a Subaru with no license plates. The first victim, a 47 year old man, was struck as he signaled to change lanes. He describes the driver as “clearly mad that I was in his way” and said the car sped around him, knocking him off of his bike in the process. The second incident took place barely a minute later near the Rose Garden. In that incident a 27-year old woman was struck and hurled through the air. She required hospitalization, though her injuries were described as not being life-threatening.

The incidents are a reminder that even in this – often cited as one of the most bicycle-friendly cities in America – things can go desperately wrong. If you have been hit by a car as part of an Oregon bicycle accident you owe it to yourself and your loved ones to make contact with a Portland bicycle injury lawyer as soon as possible.

It is especially important that drivers who target cyclists intentionally be held to account by our justice system. This statement is not meant to discount the importance of holding negligent drivers to account as well. It is, however, a reminder that the small number of drivers who intentionally target cyclists, out of rage or a misunderstanding of bikes’ proper role on our roads, pose a special danger. An Oregon bike injury lawyer can become your most important ally in that quest for justice and accountability.

The Oregonian: Two cyclists struck by same unknown driver in Northeast Portland

An August 2009 head-on car crash that left two dead in Bethany, near Beaverton, is the subject of a suit brought under Oregon’s dram shop laws, according to an article published last week in The Oregonian.

The Oregon dram shop suit has been brought by the family of Thai Hoang-Williams, who died as a result of a head-on collision with Belinda Lopez, who also died in the Oregon car crash. Lopez’s car crossed the centerline to strike Hoang-Williams’ vehicle. At the time, police blamed speed for the accident, but a private investigator hired by Hoang-Williams’ family also found that Lopez had been drinking heavily at a nearby restaurant, Chen’s Dynasty, shortly before the accident.

According to the newspaper, the Oregon wrongful death lawsuit alleges that Chen’s Dynasty shares responsibility for the accident with Lopez herself because it allegedly continued to serve her alcohol after she was drunk. This claim, according to the newspaper, is based on toxicology reports that were not released publicly at the time of the crash, but which show Lopez to have been significantly over the legal limit for blood alcohol at the time of the accident.

The case is a strong reminder of the responsibility bartenders bear, especially when they know that many of their customers arrived by car and also intend to leave that way. Bartenders and retail alcohol merchants need to understand that they, too, can be held responsible for Oregon drunk driving and the irreparable damage it can cause to families across our state.

If you, or a member of your family, have been victimized by a Portland, Beaverton, Corvallis or Bethany drunk driver it is essential that you consult with an Oregon personal injury and wrongful death attorney who is familiar with the ins-and-outs of dram shop laws. Obtaining justice can be a long and difficult road, but with the help of a Portland car crash and wrongful death lawyer you can help send a message that responsible behavior is required of vendors as well as drinkers.

The Oregonian: Family accuses Chen’s Dynasty of overserving Lake Oswego teacher before fatal crash

After a spring and summer spent, in part, answering claims that the league may not take brain and spinal cord injuries seriously enough, NFL officials cannot have been pleased that the new season’s first week brought all of these questions back into play. During last Sunday’s season opener, as the New York Times reports, Philadelphia Eagles linebacker Stewart Bradley lay motionless on the field for several minutes. Though taken off the field for medical reasons he returned to the game, the paper reports, “less than four minutes later.” At halftime team doctors diagnosed him with a concussion.

As the Times notes, however, the real question is what example all of this is setting for younger players. NFL teams are well-positioned to offer their players immediate and on-going medical care. At the high school level, in particular, that is far less likely to be the case. As the Times notes, “only 42 percent of high schools in the United States have access to a certified athletic trainer, let alone a physician.”

The danger is that youngsters inspired by dreams of NFL glory are taking and giving sharper hits than they should, and that many schools are ill-equipped to deal with the consequences.

It is at such moments – when coaches and schools fail our kids – that the law must step in to hold responsible parties accountable. If your child has suffered a Portland head injury while participating in youth or school sports you owe it to yourself to begin consultations with an Oregon traumatic brain injury lawyer who can help you consider your options.

As the Times reports: “Research suggests that 10 percent to 50 percent of high school football players will sustain a concussion each season, with as many as 75 percent of those injuries going unreported and unnoticed.” Take the time to speak with a Portland child brain injury attorney for an outside opinion on the best way to guarantee justice if your son’s football experience has been neither as safe nor as fun as you had hoped.

New York Times: Eagles’ Handling of Head Injury Draws Spotlight

In a sign of the ever-growing concern with distracted driving, a San Antonio bus driver has been convicted of reckless driving for texting while behind the wheel. His city bus, moving at 34 miles per hour according to police testimony, rear-ended an SUV in rush hour traffic, according to a report in the San Antonio Express-News. After watching footage from an on-board surveillance camera that showed the driver checking and sending texts on his cellphone for a full six minutes leading up to the June 2008 accident, Jurors returned a guilty verdict in just 10 minutes.

Prosecutors are requesting jail time for the driver (he could face up to 30 days), saying he should be made an example of the dangers of how reckless distracted driving is. Sentencing is scheduled to take place in November.

The conviction is significant, in part, because texting while behind the wheel is not, in and of itself, illegal in Texas, as it is here in Oregon. According to the Insurance Institute for Highway Safety bus drivers are, legally speaking, perfectly free to text while they drive in Texas so long as no passengers age 17 or younger are on board (which presumably rules out texting by school bus operators, but leaves municipal bus drivers in the clear). Prosecutors, however, argued successfully that texting is so obviously dangerous an activity that doing so while driving fits any reasonable standard of reckless driving, according to the Express-News.

The conviction, in some ways, confirms the findings of a study released only days earlier which found texting among adults to be more widespread than is commonly supposed. The survey by the Pew Research Center’s Internet & American Life Project sought to examine the widely held assumption that texting is largely confined to teenagers and college students. It found that while 12-17 year olds do, indeed, send five times as many texts per day as adults, a surprising 72% of grown-ups send and receive text messages. That figure is a marked increase on the 65% of adults an earlier version of the survey identified as texters in September of 2009.

Here in Oregon distracted driving in the form of texting or the use of a hand-held cellphone has been illegal since the beginning of the year. Unfortunately, it is also true that the legal penalties for Oregon distracted driving are relatively light. If you are the victim of a reckless or negligent Oregon distracted driver your best chance for achieving a just settlement lies in the civil courts. A Portland distracted driving lawyer can advise you on the best way to defend your rights and obtain the justice you deserve.

San Antonio Express-News: Texting Bus Driver Found Guilty

Pew Research Center Publications: Adults, Cell Phones and Texting

Insurance Institute for Highway Safety: state-by-state list of cellphone laws

The Oregonian reports that the 6-year-old survivor of a Labor Day weekend Oregon car crash is still hospitalized in serious condition, even as the operator of the car that caused the accident has been charged with a series of vehicular offenses by the district attorney in Klamath Falls.

The boy was seriously injured, and his great-grandparents killed, when 22-year-old Carrie Ames allegedly slammed into them in a head-on Oregon car crash. Ames and an 18-year old passenger in her car suffered only minor injuries.

According to The Oregonian, Ames has been charged “with two counts of first-degree manslaughter, driving under the influence of intoxicants, second-degree assault in connection with the 6-year-old’s injuries, and third-degree assault in connection with injuries “ to the teenage passenger in her own car.

This is a tragedy on so many levels: an injured Oregon child, drunk driving and, especially, the deaths of the boy’s great-grandparents, who were reportedly visiting from California. Anyone unlucky enough to be faced with such a sea of troubles following a devastating accident should make a point of consulting an Oregon car crash attorney as soon as possible after the accident for assistance in discussing what remedies the law may offer.

The court system does not, by itself, guarantee justice for the victims of tragic Oregon drunk driving accidents like this one. For that, victims often have to go to civil court. Especially when fatalities or an Oregon child injury are involved, it is important that victims seek legal counsel to consider their reaction to any Portland or Klamath Falls auto accident.

AP via Silicon Valley Mercury News: Ore. Woman charged with manslaughter in crash

The Oregonian: 6-year-old survivor of fatal Klamath Falls crash remains in serious condition

Have you ever been to a carnival, or even a child’s birthday party and wondered just how safe those moonwalks, bouncy castles and other portable ‘rides’ are? According to a recent article in the Wichita Eagle, a Kansas court case looks set to bring those issues into focus.

According to the newspaper, the civil lawsuit was filed last month by the parents of a five-year-old boy who died after being thrown from an inflatable ride called King of the Hill. The newspaper describes this as being “designed like a large mattress – flat except for a bulge in the middle – and… surrounded by a 2-foot-high inflatable barrier.” Parents were allegedly told to place a child in the center of the ‘mattress’ and then to jump up and down themselves on the inflatable’s sides, causing the child to fly into the air. Having done this a few days earlier for the boy’s birthday party the five-year-old’s family returned to the same amusement park a few days later, using free passes they had received during the birthday celebration. On this second visit, however, the child was launched over the inflatable barrier. He landed head-first on the facility’s concrete floor, resulting in his death.

The parents also charge that the ride was “underinflated and unsupervised” and that the operator ignored the manufacturer’s recommendation that the ride was for children ages 8 and up.

Any child’s death is, of course, an enormous tragedy. Incidents such as this, however, highlight the importance of tough enforcement mechanisms and the need, here in Oregon, to contact a Portland personal injury lawyer immediately should your child suffer an injury on a carnival ride. Accidents like the one in Kansas are particularly serious because even if they do not result in death they carry significant risk of traumatic brain injury or a spinal cord injury.

It is important that the operators of amusement parks and similar attractions be held accountable when their attractions are operated negligently or in an unsafe manner. Injuries to children are especially difficult for any parent or loved one to think about. If your child has been injured while visiting a carnival or amusement park, prompt consultation with an Oregon child injury lawyer is an essential first step toward protecting your family’s rights and ensuring that justice is done.

Wichita Eagle: Mother sues inflatable company over death of child

A fascinating analysis published last week in the online Portland newspaper Enzyme PDX looks at the question of road fatalities – an issue as ever-present here in Portland as it is anywhere else. Specifically, the article compares Portland’s approach to road safety the approach used in Sweden. As the article notes, Portland’s population is just over one-third that of Sweden. But even though Sweden has a lot more people, it and Portland recorded around the same number of traffic fatalities in 2009 (355 for Sweden, 331 for Portland). This year, Portland’s streets have been deadlier – 198 fatalities so far in 2010 versus only 162 in Sweden. Again, that’s not Stockholm – it is all of Sweden.

Why, Enzyme PDX asks, do Sweden’s roads seem to be so much safer? The difference, the news site suggests, is essentially philosophical. Since 1997 Sweden’s traffic planners have worked on the assumption that they – the planners – are responsible for constantly modifying the traffic system in an effort to reduce or eliminate serious injuries and deaths while keeping traffic moving. This does not, they stress, relieve drivers of responsibility in any way. It does mean that the people who manage the transport system see lowering fatalities as just as much of a daily task as keeping the traffic moving.

Some of Sweden’s methods are well-known. The country has famously tough drunk driving laws and is equally famous for the zeal with which it enforces them. Less well known, and explored at length by Enzyme PDX is the effort the Swedes put into figuring out how best to help bikes, cars and pedestrians co-exist on the country’s streets and roads. Much of the time, that means forcing cars to slow down in areas where bikes and foot traffic are present. According to the website, speed limits in Swedish cities are a mere 18.6 miles per hour (30 km per hour) - because years of data analysis has shown that to be the optimal speed for overall safety in mixed-use areas.

Portland has long had a reputation as one of the most bike-friendly cities in the country. But, as the article notes, a recent effort to reduce Portland bicycle accidents by installing a bicycle boulevard on SE Holgate (“well known in local traffic circles as a killer road”, Enzyme PDX reports) met with stiff local resistance. “Neighbors want safer streets, but they don’t want to have to slow down to get them,” the website notes.

The broader point, though Enzyme’s analysis does not say this directly, is that drivers, even in a bicycle-friendly city like Portland, need to show a deeper acceptance of the idea that the road belongs to everyone and that speed alone can’t, and shouldn’t, be the goal of road design: that cutting down on Oregon car and bike collisions requires a broader view of road use. If you have been involved in an Oregon bicycle accident a Portland bike accident lawyer can be an essential ally, helping ensure that motorists exercise due care and caution around cyclists, and that they pay just compensation when they fail to do so.

Enzyme PDX: How to halt Road Death in Portland

The driver of a semi that set in motion a five-vehicle Oregon truck crash was cited at the scene of the accident, according to the Portland Tribune and other media reports.

The pile-up took place Tuesday morning in the eastbound lane of Highway 224. It began when a semi encountered slow-moving traffic but failed to slow down promptly. According to the Tribune, quoting police officials, the semi rear-ended a car in front of it, setting off a chain reaction as that car was, in turn, pushed into the next vehicle in line, and so on.

The 17-year old Milwaukie girl driving the first car - the one actually struck by the truck as it triggered the Portland car and truck accident – had to be cut out of the wreckage of her car by medics and fire personnel, the newspaper reports. She was taken to an area hospital with injuries described as “serious, but not life-threatening.” A passenger in one of the other vehicles involved in the Oregon truck accident was also treated for minor injuries.

According to the Tribune, the Oregon State Police are still investigating the accident, but they did issue a citation to the truck’s driver at the scene.

Truck crashes pose a special danger to other Oregon motorists because semis are so much larger than most other vehicles on the road. This, in turn, makes it especially important that commercial drivers use caution on our highways. When that turns out not to be the case it is important that victims of Oregon truck crashes speak promptly with a Portland truck crash attorney for advice and assistance in obtaining justice. This is especially true for the victims of accidents, such as this one, in which someone is injured.

Portland Tribune: Truck driver faulted in five-vehicle crash

KGW.com: Girl hurt when semi slams into slowing traffic

The New York Times reported last week that Massachusetts has reached a settlement with the Stryker Corporation in a lawsuit alleging that the hip and knee manufacturer “marketed items without regulatory approval and misled health care providers about the use of its products.” The case focused specifically on Stryker’s OP-1 implant and OP-1 putty, according to the Times.

The $1.35 million settlement with Stryker’s biotech unit consists of a $325,000 civil penalty and $875,000 in funds to combat illegal marketing by other health-care related companies. The remainder is taken up by “legal fees and investigative costs.”

After the Massachusetts attorney general announced the settlement the company issued a statement emphasizing that under the terms of the agreement it has admitted no liability. It is hard, however, not to miss the product liability issues this may raise for Stryker in other states. Clearly, any Oregon patient suffering from the symptoms that were raised in the Massachusetts case would be well advised to consult with a Portland medical malpractice lawyer to consider best way to proceed.

Oregon product liability is especially serious when it touches on the medical device industry. The idea that unsafe artificial joints might be surgically installed in the bodies of unwitting patients is little short of terrifying. It is worth considering that doctors may also be among the victims in cases such as these. One of the allegations in the Massachusetts complaint is that Stryker’s sales people misled medical professionals, pushing them to use the company’s products in ways the FDA had not approved.

If you believe you or a loved one have become the victim of this, or a similar form of Oregon medical malpractice, prompt consultation with an Oregon personal injury attorney is essential. Protecting your rights in court can be a lengthy and confusing process, especially when a powerful corporation is lined up against you. A Portland personal injury and medical malpractice lawyer can be a key ally in your fight for justice.

Bloomberg via The New York Times: Stryker settles case that claimed deception