Oregon Injury Lawyer Blog

The death of a young Corvallis man on Thanksgiving Day as the result of an Oregon motor vehicle accident involving an armored car was a sad reminder of the dangers of driving on holiday weekends and has left a number of legal questions potentially unresolved.

Joseph Michael Pablo was riding in the back of an armored car early on the morning before Thanksgiving when the vehicle’s driver lost control, according to reports in the Corvallis Gazette-Times and the Salem Statesman-Journal. The accident took place off Highway 99W near Monmouth, southwest of Salem. The Gazette-Times reports that Pablo’s armored “truck was headed south and veered off the right side of the road, hit a tree and rolled several times before coming to rest on its roof.”

Pablo had been riding in the back of the truck as part of his job as a guard working for the company operating the vehicle. Pablo was transported to an area hospital in critical condition and died of his injuries the following day. The truck’s driver at the time of the Oregon fatal truck accident was not seriously injured and did not require hospitalization. He was cited for Oregon careless driving, according to the Gazette-Times.

Beyond the tragedy of the accident itself the information available to the media left many questions unanswered about this incident. The fact that the driver received a citation does not close the book on this fatal Oregon motor vehicle accident.

Should the driver be subject to an Oregon wrongful death suit? What were the safety arrangements in the back of the armored car, and were they adequate? If they were not adequate does that make the truck’s owner or its manufacturer at least partially responsible for Pablo’s death? These and other difficult questions are best addressed with the help of an Oregon personal injury and wrongful death lawyer. Obtaining justice in the wake of a tragedy such as this can be a long and painful process. Seeking skilled legal counsel is an important first step toward achieving it.

Corvallis Gazette-Times: Corvallis man dies after armored truck crash

Salem Statesman-Journal: Corvallis man injured riding in back of armored car has died

Back in August I wrote about the dangers posed to children by ATVs, and the effort in Massachusetts to cut the number of deaths and injuries to young riders through a new law banning ATV use by kids 14 and younger. Now we have even more evidence of the need for such laws, and the need for accountability among ATV manufacturers.

According to a recent article in the trade publication The Safety Record, a new study conducted by Johns Hopkins University’s Center for Injury Research and Policy looks at ATV-related hospitalizations and injuries to children between 1997 and 2006. The study found a huge spike in both categories among children during that time period. The numbers are particularly noteworthy because, as The Safety Record notes, it was during this time that a 10-year consent agreement between the Consumer Product Safety Commission and ATV manufacturers expired. Under that agreement, reached in 1988, the manufacturers offered “free training for riders, warning labels, a public education campaign and a ban on three-wheeled ATVs,” the publication notes. Once the agreement expired some manufacturers continued to honor it voluntarily, but others did not.

During the 1997-2006 period, the study found, ATV-related injuries to children (defined as 17 years old or younger) increased by 150 percent overall. Some sub-groups showed even more alarming jumps: notably 15-17 year old boys, among whom injuries increased by 260 percent. “All-Terrain vehicles are inherently dangerous to children,” the report quotes Dr. Stephen Bowman, a Johns Hopkins professor and the study’s lead author, saying.

The fact that the industry continues to pitch its products as family-friendly – using advertisements showing adults and children riding together, for example – should give any parent pause. It also calls out for strong legal action when accidents, inevitably, occur.

Massachusetts tough new law was prompted by the death of an 8-year-old boy. Until Oregon moves to enact similar legislation, many parents are likely to find that their best hope for justice in the event of an Oregon ATV injury to a child or other loved-one lies in the courts. An Oregon child injury attorney with specialized knowledge of the law as it relates to Oregon ATV accidents can be a parent’s most important ally in the fight for justice after a preventable tragedy.

The Safety Record (Newsletter & blog): ATVs and Kids: Searching for a Solution

A pick-up truck running a stop sign caused an Oregon two-car crash that left one dead and ten injured, according to a report at MyCentralOregon.com. The crash took place on Highway 361 near Culver, in Central Oregon and was serious enough to require mobilizing troopers from two separate OSP barracks as well as the Jefferson County Sheriff’s office along with emergency medical personnel from both Jefferson County and Warm Springs.

According to the website, the accident took place when a pick-up driven by 28-year-old Andrea Orozco of Madras ran a stop sign and collided with a Toyota driven by Linda Ross, 61, of Metolius. The site reports: “The impact caused the Toyota to travel west where it came to rest off the highway. (Orozco’s) Ford Expedition traveled travelled northwest and overturned before coming to rest on its side.”

A passenger in Ross’ Toyota died from injuries sustained in the Oregon car crash several hours after the accident, while Ross herself was hospitalized with what the website report describes as “serious injuries”. Orozco was carrying eight passengers – two adults and six children ages 2 to 14. She and all of her passengers were transported to area hospitals with what were also described as “serious injuries”.

To top it all off, Orozco is reported to have been driving despite her license being suspended at the time of the accident.

One person dead. Six children injured. Oregon fatal car crashes like these are one of the reasons why our civil courts are so important. An Oregon car accident lawyer can help grieving families make sense of their options at a time like this, examining the specifics of their case and advising on the best ways to obtain justice through our courts. The aftermath of an injury-causing Oregon car crash can be a traumatic time for both survivors and their extended families. Seeking experienced, professional legal assistance is a key first step in putting broken lives back together.

MyCentralOregon.com: One dead, ten injured in two-car crash north of Culver

Hard on the tragic death of a Portland toddler in a Portland pedestrian accident, and new statistical evidence that the danger to pedestrians is increasing here in Oregon, the Portland Tribune has published an analysis highlighting some of the metro area’s worst intersections.

According to the paper, “Northeast Marine Drive now ranks No. 1 on the city’s new list of most dangerous stretches, with 16 fatalities in the past 10 years.” It is important to note that while Northeast Marine has seen the largest number of fatalities, the worst stretch of road for crashes overall is Southeast Powell Boulevard. Though there have been fewer pedestrian deaths there over the past decade (nine, versus the 16 on Northeast Marine), the overall crash rate is significantly higher than anywhere else in the city: 5345, including a stunning 356 just at the intersection of Southeast Powell and 82nd Avenue. See below for a link to the original article, which includes the full list.

The last few weeks have provided both tragic evidence for and statistical validation of the belief that reckless drivers need to be held to account for their actions. Crossing the street should not be the dangerous and life-threatening experience it has become in some parts of Portland. In recounting the story of one accident, the Tribune notes that the busy intersection on Burnside where it took place “is nearly impossible to cross on foot, though it is, in fact, a legal crosswalk.”

Clearly there is a need here for some reassessment of traffic and street-crossing rules by the city and county. The broader truth, however, is that drivers need to raise their level of awareness whenever they are behind the wheel. Cars share our roads with pedestrians and cyclists, who are at a fundamental disadvantage whenever an Oregon accident occurs.

If you have been the victim of such an accident, a Portland pedestrian accident lawyer can become your most important ally in your effort to achieve justice. While our legal system is well-designed to hold reckless drivers accountable for their actions the process of doing so can sometimes be long – and is almost always confusing and intimidating for those unfamiliar with it. An Oregon car crash lawyer who specializes in pedestrian and bicycle accidents can act as both guide and advocate as you make your way through the process.

Portland Tribune: Danger

Portland takes justifiable pride in being one of the most bicycle-friendly communities in America. According to US Census figures, quoted by The Oregonian, Portland leads all larger American cities in the percentage of our population that uses bikes to commute to work or school. Bike friendliness can, however, come with a price. According to the same analysis by the newspaper, a recent study by the Oregon Health and Science University found that bike commuters are at significantly high risk for injury than drivers or more occasional riders when it comes to Oregon bike accidents.

According to the paper, an astonishing 20 percent of all Portland bike commuters report being injured in an Oregon bicycle accident during the last year. The good news is that many of those accidents were minor (so minor what the article quotes some local bike advocates complaining that the study used too broad a definition of “accident”). Fully one-quarter of Portland bike accidents, however, were serious enough to require “medical attention.”

Put another way: “Compared with auto commuters, bicyclists are 12 times more likely to be seriously injured in a crash, largely because they are far more vulnerable, the study says.” The biggest thing we can do to lower those numbers, according to the authors, is to “focus on improving the safety of the bicycle commuting environment.” Or, in plain English, we can concentrate not only on improving and maintaining the city’s bike infrastructure, but also on enforcing the traffic laws.

Though Portland is a remarkably bike-friendly city (if you doubt this, try riding a bike around Houston or Atlanta and comparing the experience to Portland), even here in Oregon drivers sometimes need to be reminded that they do not own the roads, and that ‘Share the Road’ isn’t just a slogan – it’s the law.

If you are the victim of a Portland bike accident, especially one involving a car, it is important to consult with an Oregon bike injury lawyer as soon as possible. An experienced Portland bike attorney can look at the specifics of your situation and help you understand how the court system can help you hold reckless drivers accountable for their actions.

The Oregonian: Bicycling in Portland is good for you – except when you crash, study says

The family of a driver who died in an Oregon truck crash earlier this year has filed an Oregon wrongful death lawsuit against the other driver involved in the accident, according to a report in the Eugene Register-Guard.

Because the driver of the truck that caused the accident is already serving an 18-month prison term in connection with the fatal Oregon big rig crash, this case offers an especially clear reminder of something I have frequently mentioned in this space: the fact that the search for justice does not end in our criminal courts.

According to the Register-Guard the fatal accident on Highway 58 east of Eugene took place last March. Driver Bon Puckett “pleaded guilty last month to criminally negligent homicide and hit-and-run in connection with the pre-dawn wreck.” The accident took place when 28,000 pounds of hay Puckett was hauling that morning came loose and crushed the cab of a paint truck driven by Gregory Muller of Nevada. Prosecutors later contended that Puckett had not secured the hay properly and that his truck had not been properly maintained.

The Oregon wrongful death suit filed this week by Muller’s family broadens those charges, citing Puckett’s father and mother and their farm company, for whom the younger Puckett driving that morning, in its request for damages. The suit alleges that the elder Puckett knew his son was not properly qualified to secure the huge load of hay, that the load itself exceeded the legal limit and that the destination it was bound for was “outside the 150-mile radius in which Oregon farm-use vehicles are permitted to carry cargo” without a commercial hauling license.

In widening the circle of responsibility, the Muller family’s Oregon wrongful death lawsuit recognizes that responsibility for preventable accidents like this one often extends beyond the person who was driving at the time of an accident. Justice often requires the casting of a wider net. The role of an Oregon wrongful death attorney is to help clients determine the best approach to difficult questions like this, based on the specific circumstances of their case.

Eugene Register-Guard: Hay crash victim’s family files lawsuit

KEZI.com: Family of truck driver files wrongful death lawsuit

A few days ago I wrote about new data showing a worrisome rise in traffic accidents leading to Oregon pedestrian deaths. In the most tragic illustration possible of what seems to be a trend, we now have word of the death of a toddler in who was in a stroller as he and his father crossed the street at what TV station KGW describes as “a clearly marked crosswalk.”

According to a detailed account in The Oregonian, the accident took place last Monday in North Portland. The 75-year-old driver of the car that struck and killed 22-month-old Seamus DuBarry, his father and another man told police that he panicked and, in the process, mistook the gas pedal for the brake. The newspaper reports that the elder DuBarry and his small son “were flipped onto the car’s hood and carried for nearly 100 feet. The car slammed into a utility pole and stopped.” Another Oregon pedestrian, Da-Mon McDonald, was left in the middle of the road. Both of the adults suffered what the paper describes as minor injuries in the crash. The child, however, died a short while later at a nearby hospital after surgical attempts to save him failed.

Though police opted not to issue any citations in the incident, McDonald was quoted by The Oregonian saying that the driver “owes that family and that little boy, big time.” According to the paper the accident remains under investigation. Police expect to forward a report on the incident to the Multnomah County DA soon.

The paper also quotes a Portland police officer who works with the city’s Major Crash Team expressing the fear that Portland pedestrian accidents like this one – apparently involving use of the wrong pedal – are rising in number.

As McDonald’s comments illustrate, there is a pressing need for accountability in the wake of a Portland pedestrian accident like this one. As difficult as it can be to turn to the legal system at a moment of pain, our courts are there to enforce accountability and provide justice. The first step is to contact a Portland pedestrian accident and child injury lawyer to discuss the details of your situation, and to consider the best way to move forward.

KGW.com: Victim describes chaos & crash that killed toddler in stroller

The Oregonian:‘He panicked and hit the accelerator,’ police say of elderly driver who fatally struck North Portland toddler

Data showing a huge jump in the number of pedestrian deaths from Oregon car accidents made the news over the weekend, only to be reinforced by the death of a 21-year-old pedestrian Monday in an Oregon fatal car accident in Newberg.

The data cited by The Oregonian last Sunday was certainly eye-opening: an 80 percent jump in the number of pedestrians killed on Oregon’s roads this year compared to the same period in 2009. “The increase this year over last year is pretty alarming,” the paper quoted Oregon State Police spokesman Lt. Gregg Hastings saying. The article went on to cite Judith Yip, who coordinates the Oregon Pedestrian Safety Program. She noted that much of the increase can be attributed to pedestrians who “just don’t realize how invisible they are.”

Still, one has to wonder about incidents like the one that took place in Newberg a day after the Oregonian piece on pedestrian safety was published. According to a report, also carried in The Oregonian, the victim was attempting to cross State Route 219 in the late afternoon when he was struck by not one but two eastbound vehicles. According to the newspaper he died at the scene of the accident before a medical evacuation helicopter could arrive to take him to a hospital.

Pedestrians, of course, should always take care when crossing a road. Nevertheless, much of the responsibility for safety must always rest with drivers, who need to bear in mind the tremendous damage their cars and trucks can do to people on foot or traveling by bicycle. When drivers fail to exercise appropriate judgment the legal system has a responsibility to seek out the facts of each case in the broader interests of justice.

If you or a loved one have been injured in an Oregon car and pedestrian accident you owe it to yourself to speak with a Portland pedestrian injury attorney as soon as possible after the incident. Accountability and justice do not happen by themselves. They must be fought for by victims. Oregon’s car accident attorneys are here to help you win that fight.

The Oregonian: Oregon officials see dramatic increase in pedestrian deaths this year

The Oregonian: Pedestrian struck, killed by two vehicles while crossing Ore. 219 in Newberg

A semi truck carrying lumber crashed in Central Oregon late last week, dumping its cargo across the road and highlighting, again, the dangers Oregon truck accidents can pose for all motorists.

According to a detailed account published in the Central Oregonian, the accident took place early Wednesday morning on George Millican Road in Prineville. The paper reports that police responding to an Oregon truck accident call arrived to find the “truck and trailer overturned in the northbound lane blocking most of the road.” The truck’s cargo of lumber was splayed across the road, which was closed to traffic for several hours while the accident was investigated and clean-up operations took place. The paper reported that police believe the truck’s driver lost control of the vehicle when he swerved to avoid a deer in the road.

Thankfully, no one was injured in this accident (including the truck’s driver, who was wearing his safety belt). The incident does, however, highlight just how dangerous big rigs can be, and the importance of ensuring that they are operated in a safe manner – both to protect their own drivers and cargo and to protect the rest of the traveling public.

Whether you are traveling in central Oregon – where the roads are often filled with traffic connected with the logging industry – or on the freeways around Portland where big trucks of all shapes and sizes are an everyday sight, it is important to remember that drivers and their employers have an obligation to operate safely and use the roads in ways that do not endanger everyone else.

If you or a loved one have been injured in an Oregon car and truck crash it is essential that you make contact with an experienced Portland truck crash lawyer as soon as possible after the accident. Injuries, property damage, lost wages and emotional trauma are just a few of the many potential consequences of an Oregon truck accident. Obtaining justice in the wake of a serious Oregon truck crash often requires the specialized knowledge and skills that only an Oregon truck accident attorney can offer.

The Central Oregonian: Driver uninjured in semi truck crash on George Millican Road

Mycentraloregon.com: Driver unhurt in big rig accident South of Prineville

A 67-year-old woman trying out a “go kart-like” vehicle at a California swap meet was killed last week when she lost control of the vehicle, drove out into traffic and was hit by a car. The sudden and unexpected tragedy raises a host of legal questions, particularly concerning liability and whether the woman’s accident can be defined as a wrongful death.

Family members later told the Orange County Register that Hwa Oh had never driven a go-kart before. The newspaper reports that while visiting the swap meet with her sister she accepted an offer to try out the go-kart in the facility’s parking lot. According to an account of the accident by the Associated Press, moments after taking the wheel the woman “lost control of the cart and ran through some bushes, across a sidewalk and onto a street.” She was pronounced dead at an area hospital a short time after the accident.

The AP report notes that law enforcement did not issue any citations at the scene of the accident. That decision by the local police does not, however, necessarily foreclose the possibility of legal action. One has to ask whether appropriate safety measures were in place in the parking lot before the woman climbed into the go-kart. We know from her surviving relatives that she had never driven such a vehicle, but did the cart’s owner ever ask that question? Should the owner of the property even have allowed people to drive around an active parking lot in small, fast, unsafe vehicles?

These are the sort of questions that an experienced personal injury and wrongful death attorney can help you address in the wake of a fatal accident, or one that causes a serious injury. Here in Oregon the laws defining wrongful death can be difficult for the layperson to understand. A Portland wrongful death attorney can, however, walk you through the nuances of the law to help determine whether the court system is the best avenue for you to follow when seeking justice in the wake of tragedy.

Orange County Register: Family: Woman killed in go-kart had never driven one before

AP via Los Angeles Times: Southern Calif. Woman driving go kart-like vehicle dies after veering into traffic

An Associated Press story, reprinted in The Oregonian, offers a gut-wrenching reminder of the dangers of Washington and Oregon distracted driving.

According to the news agency, a couple and their 8-year-old nephew all died when the husband lost control of his SUV on I-182 near Richland. The report quotes the Washington State Patrol saying the driver “was on the phone moments before” the vehicle “swerved off the road and rolled seven times.” The couple’s three children – ages 10, 8 and 2 – were also in the SUV. The older children were injured and received treatment at area hospitals. The toddler was unharmed.

Washington, like Oregon, has a distracted driving law that forbids use of a handset while behind the wheel. Though both states laws allow for “primary” enforcement (i.e. you can be pulled over just for being on the phone. In some other states distracted driving enforcement is “secondary” meaning that some other alleged violation – such as speeding – has to be the initiating factor in a traffic stop), we all know that it is relatively easy to skirt distracted driving laws when there are no law enforcement officers in sight.

This accident, however, is the most tragic sort of reminder of the dangers of doing so. Washington and Oregon enacted distracted driving laws with the goal of helping keep motorists safe. The fact that one may, on a particular stretch of road, be relatively likely to get away with breaking the distracted driving law does not mean that doing so is a good idea. Distracted driving is illegal because it is unsafe – regardless of whether or not the police are watching at any given moment.

Beyond the tickets issued by police officers, victims of Washington and Oregon distracted drivers should consider the help a Portland distracted driving attorney can offer as they try to rebuild their lives in the wake of an accident caused by someone else’s recklessness. The citation issued by local police or state troopers will not make you, the victim, whole again. For that only the court system can help – and an Oregon distracted driving attorney will prove to be your best ally as you set out to navigate it.

AP via The Oregonian: Washington state patrol says driver was on phone moments before crash that killed three