Oregon Injury Lawyer Blog

A young University of Oregon graduate died after being hit by a car while cycling in southern California, according to the advocacy group Bike Portland. Her death is a reminder that for as much progress as Portland has made in becoming a bike-friendly city we, and the rest of the country, still have a long way to go.

According to a local newspaper, the Pasadena Sun, 24-year-old Jocelyn Young's fatal bike accident occurred when she fell from her bike and was struck and killed by a drunk driver. The paper describes the incident as a hit-and-run, noting that “several witnesses called police to notify them about the accident,” and that one witness followed the suspect into a neighboring city until police officers were able to locate him.

Young was treated by paramedics at the scene of the drunk driving accident but later died in hospital.

In seeking lessons for bikers here in Portland it is worth noting that Young and her boyfriend were riding their bikes along a main boulevard at 1am, according to the newspaper. There is, of course, nothing wrong with that, but it also ought to serve as a reminder of the extra caution cyclists need to exercise when riding at night. The paper does not say what safety procedures Young was observing – and on one level, of course, it does not matter: people should not be driving drunk and they should never leave the scene of an accident.

Nevertheless, it is useful to take this opportunity to remember the precautions night riders are well-advised to take: In addition to helmets (which, obviously, ought to be worn at all times) it is important that bikers who choose to go out after dark do everything possible to make themselves as visible as possible. High-powered halogen bike lights can be expensive, and are sometimes bulky, but offer far more security than smaller, dimmer bulbs. Similarly, those yellow reflective vests can look a bit silly, but they do a lot more to make a cyclist visible than a few reflective stickers on one’s helmet or a flashing red tail light (though, to be clear, one ought to be using those as well). From an Oregon bike accident attorney’s point-of-view it is better to celebrate cycling every day than to have to defend it in court.

Bike Portland: Oregon woman dies from injuries following crash, hit-and-run in Pasadena

Pasadena Sun: Man arrested for vehicular manslaughter

Following-up my blog last week about Oregon child safety and the start of the school year, it is a pleasure to take note of a more upbeat story about efforts to prevent injuries to Oregon's kids.

The Astoria publication Coast Weekend recently published details of a video and moviemaking contest for Oregon high school students with the theme “Save a friend. Work safe.” According to the newsletter, the competition “is designed to increase awareness about safety on the job for young people. Students must create a 45-second public service announcement” keyed to the contest theme. The top three entries will receive cash prizes of up to $500 with equal amounts being donated to their respective schools.

The contest is organized by the Oregon Occupational Safety and Health Division. Entries will be judged on how well they address the contest theme as well as on creativity and originality and on their overall production values. Entries are due by February 1, 2012. See the link below for more contest details and the official rules. The Coast Weekly article also includes a link to last year’s winning entry – a “PSA depicting an accident involving a pizza delivery driver.”

In an era when it is common for teens to hold jobs – including jobs like pizza delivery that have them driving or otherwise out and about on their own – it is especially important to do whatever we can to remind young people of the need to walk, drive and work safely.

A Portland personal injury lawyer with extensive experience in cases involving injuries to minors can advise parents and victims on the best legal course of action to take in the wake of accidents involving working or commuting teens. The better approach, however, is for careful teens – and even more careful adults – not to place themselves, or anyone else, in a situation that may later require a lawyer’s involvement.

Coast Weekend: Oregon students urged to enter Safety Video contest

A 29-year-old Oregon City woman died recently as a result of a two-car Oregon drunk driving accident, according to a report in The Oregonian.

The crash occurred just before 2 am on state route 213 in Oregon City, the newspaper reports, quoting a spokesperson with the Oregon State Police Portland Command. “Police said Jennifer Miller, 29, of Oregon City, drove eastbound on the highway and ran a red light, crashing into a southbound Dodge pickup… Miller was declared dead at the scene, police said,” according to the newspaper. A passenger traveling in her car suffered injuries the paper describes as “serious.”

The pick-up truck’s driver was not injured in the Portland-area car crash, and was reported to be cooperating with police. Though The Oregonian’s report on the crash does not seek to assign blame, it does note that the pickup’s driver “had a green signal at the time of the crash.”

The exact role of alcohol in the accident remains unclear. The newspaper quotes police sources saying that alcohol was “a contributing factor” in the accident, but does not say which of the two drivers had been drinking.

The potential complexities of a case like this are among the best reasons why anyone who becomes the victim of an Oregon drunk driving accident should speak with an Oregon drunk driving accident lawyer as soon as possible after an incident occurs. Oregon dram shop law places some of the burden for drunk driving accidents on irresponsible bars, restaurants and alcohol retailers who sell intoxicants to people – notably drivers – who should not be drinking at all. Sorting out the specifics of the law and how they relate to your particular case is the first step.

The Oregonian: One woman killed in car crash on Oregon 213 in Oregon City

A tragic Salem-area car accident this week involving critical injuries to a child offers a sobering lesson in the importance of car and pedestrian safety as the new school year gets into full swing.

According to television station KGW a 16-year old girl suffered life-threatening injuries in an Oregon car accident in the small town of Jefferson, Oregon, south of Salem. “The 16-year-old girl was ‘walking along the side of the road’… when she was hit, according to Tammy Robbins with the Jefferson Fire District,” KGW reports.

The station’s online article goes on to note, also citing Robbins, that “the car that struck her smashed into a power pole after hitting the girl, but the driver was not injured.”

From the perspective of a Portland car and pedestrian accident attorney who handles many cases involving injuries to Oregon children the incident in Jefferson stands as a reminder of the need for drivers to exercise extra caution now that school is back in session. Children and teens are often less cautious than they should be when walking or biking to and from school. As adults and parents, of course, it is incumbent on all of us to impress on kids the importance of safe conduct when they are in or near traffic.

But we all also know that children are impulsive and do not always do what they are told. This places an extra burden on adults to act in a careful and responsible manner at all times. Never assume that a child on a bike, or a teen walking beside the road, will do the logical or safe thing. Slow down, and give kids a wide berth whenever possible, remembering always that safety is everyone’s responsibility.

KGW.com: Teen struck by car while walking to bus stop

The federal government’s Food and Drug Administration announced recently that Beaverton-based King International has agreed to recall its ShoulderFlex Massager. The Oregon product recall was ordered after evidence emerged that ShoulderFlex use can lead to serious injuries or even a product liability-related Oregon wrongful death.

“One death and one near-strangulation have been reported after a necklace and piece of clothing became caught in a rotating component of the device. In other cases the FDA says people’s hair became caught in the ShoulderFlex,” Portland television station KATU reports.

The station notes that all 12,000 of the massagers the company has sold nationwide since 2003 are being recalled. It adds that efforts to obtain a comment from the Beaverton-based company were unsuccessful.

From the perspective of an Oregon product liability attorney, it is good to see an unsafe product pulled from shelves (and, hopefully, also from cyberspace, where many of the ShoulderFlex devices have reportedly been sold), but worrisome that it took so long. The number of serious injuries that could be caused over the eight-year period during which the product was on sale is difficult to imagine. Situations like this are classic examples of why our civil courts are so important, allowing, as they do, a chance for those injured by dangerous products to obtain justice in ways the product recall system itself is often unable to offer.

A Portland or Beaverton product liability and wrongful death lawyer can help clients sort through the conflicting medical and legal claims that often emerge in cases like this. Ordinary Oregonians should never feel that they are at a disadvantage when squaring off against a well-funded company in court. Experienced legal help can level the playing field and ensure that justice is done when products that ought to be safe end up causing harm instead.

AP via KATU: ‘Shoulder Flex Massager’ can give a truly killer backrub

All Headline News: Neck massagers recalled after woman’s death

Resource:
FDA news release regarding the King International recall

Marking Oregon car crash deaths is one of grim rituals that follow most holiday weekends. As the Seaside Signal notes, citing state statistics, Labor Day is traditionally one of the deadliest holiday weekends for drivers here in Oregon and nationwide.

The good news this year is that fatalities were down statewide. Two holiday weekend crashes led to three deaths, the newspaper reports: two people died on Friday evening as the holiday weekend began in a Clackamas County, Oregon motorcycle crash that also involved a car. The other fatality was discovered early Monday morning, on Labor Day itself, in Grass Valley. “An adult male was found deceased in the wreckage of the crash believed to have happened September 4 or during the early morning hours of September 5,” the paper reports, citing the Oregon State Police.

Tempering news of a drop in actual Oregon car crash deaths was word that DUI arrests were up. This is especially worrisome since, as the paper notes, “impaired driving is a major factor in holiday-related traffic crashes and alcohol is a known contributing factor in over half of holiday fatalities.” A total of 70 Oregon DUI arrests took place over Labor Day weekend, up from 67 last year – with an eye-opening ten OSP command centers statewide reporting three or more arrests during the period.

For a Portland drunk driving victim’s attorney the evidence offered by these numbers could not be clearer: victims of reckless, intoxicated drivers need all of the help our legal system can offer. Justice must often be fought for, especially in the wake of a serious Portland drunk driving crash. A criminal citation, even the loss of one’s driving privileges for a period of time, is often not enough for victims to feel they have been made whole again. The peace of mind that comes with having help putting one’s life back together is one of the most important services our courts and Portland drunk driving lawyers offer.

Seaside Signal: Labor Day Holiday Traffic Fatalities

The case of Jeanette Maples, the Eugene teenager who was starved and tortured to death by her own mother, shocked much of the state. Now, it is the state itself that stands accused of complicity in the girl’s death as the subject of an Oregon wrongful death lawsuit, according to television station KVAL and the Eugene Register-Guard.

The newspaper reports that Maples’ estate is suing Oregon Child Protective Services and the state Department of Human Services, alleging that their failure to protect the teen was “a substantial factor” in her death. Maples’ mother pled guilty to murder in criminal court and was later sentenced to death. The new suit, however, “claims the State of Oregon was negligent in not preventing Maples’ death by abuse,” KVAL reports.

According to the Register-Guard, the suit also alleges that the state’s neglect continued over an extended period of time. Specifically, “that state workers failed to ‘investigate and heed’ allegations of abuse from reliable sources beginning in 2006” and that this pattern of neglect continued until Maples’ death, nearly four years later.

From the perspective of an Oregon wrongful death attorney, the decision by Maples’ estate to go ahead with the $1.5 million lawsuit is a forceful reminder of the remedies civil courts can and do offer when victims leave the criminal court system feeling that justice has not been fully served. A Portland or Eugene wrongful death suit can be an emotional – even difficult – experience for family members already struggling to cope with tragedy, but it can also offer a sense of both closure and of justice that a criminal trial often fails to provide.

KVAL: Lawsuit: ‘Jeanette Maples’ death could have been prevented

Eugene Register-Guard: Girl’s death spurs lawsuit

A statewide enforcement program officially known as “3 Flags” began in the waning days of August and is scheduled to stretch beyond Labor Day weekend. The initiative hopes to cut traffic-related Oregon child injuries and deaths through a combination of enforcement and education.

“The purpose of 3-Flags is to increase seatbelt use and decrease the number of speeding and/or impaired drivers,” according to MyEugene.org. In addition to people driving too fast, or engaged in Oregon drunk driving, the program also targets child seat use. The goal of this part of the program is both to increase awareness of Oregon’s child restraint laws – and of the resources available to help poorer parents get the child seats they need at a free or reduced price – and to ensure that parents using an approved booster or baby seat install and use it properly.

As the Gresham Outlook notes, in 2009 “observed booster seat use was only 58 percent among children ages 4 to 8… one-third of children in this age group who were killed or injured in crashes last year were not using booster seats.” As I noted in an earlier post, more than one highway safety study over the years has shown that the number of people – as many as ¾ of all drivers using the devices according to some sources – whose children ride in improperly installed child seats is shockingly high.

Enforcement efforts such as this one are excellent ways to cut down on unnecessary Portland, Salem, Eugene and Gresham child deaths resulting from Oregon auto accidents. As an Oregon child injury attorney it is always heartening to see initiatives designed to lessen the harm suffered by children who are unfortunate enough to be involved in an auto accident. Parents are well-intentioned, but sometimes they need a bit of help to ensure that they are taking the proper precautions in the proper manner.

The Oregonian: 3-Flags program to focus on statewide traffic safety enforcement

The Gresham Outlook: Police target seat belt, booster seat usage

MyEugene.org: Oregon traffic enforcement program to run through September 11