Oregon Injury Lawyer Blog

This story from Seattle is worth noting because it highlights one of the things bike riders in an urban environment fear most, and one of the types of Oregon and Washington bicycle accident that is most easily preventable - and one for which there is never really any good excuse.

According to West Seattle Blog, a local online publication, a cyclist in the Seattle area was hospitalized yesterday after “a car door opened in front of him causing him to flip over the door.” Quoting local police, the blog reports that despite the fact that he was not wearing a helmet the rider, a 30-year-old man, “remained conscious and responsive but could not remember the accident,” when police and emergency services personnel arrived to help him. He was taken to a local hospital “in stable condition.” The fact that the victim could not remember the accident is an especially worrisome sign – indicating a possible traumatic brain injury.

Several notable issues arise from this short item. The Washington bicycle accident is a reminder of how dangerous riding in a city can be – even a city as bike-friendly as ours are here in the Pacific Northwest. The victim in this accident appears to be extremely lucky, especially granted that he was not wearing a helmet. It is worth adding that the accident he experienced – being launched head-first over the handlebars – is just about the most dangerous kind of bike accident a rider can be involved in. That is why it is especially important that drivers always remember to look carefully before opening a car door. Checking one's mirror alone is not sufficient: people getting out of a car need to turn around and look directly behind and beside the vehicle. We are all aware of our cars' blind spots when they are moving. That awareness should not cease just because the car is parked.

Of all the imaginable bicycle vs car encounters this is arguably the most easily preventable type. It is important that people responsible for accidents like this one be held accountable for their actions, but from the perspective of an Oregon bicycle accident lawyer, the easiest and best way to prevent Portland bicycle accidents is for cyclists and drivers alike to respect the rules of the road and exercise due caution. “Share the Road” should be more than a slogan – it should be second nature for anyone behind the wheel in Oregon, Washington or anywhere else.

West Seattle Blog: Bicycle rider collides with car door, taken to hospital

A six-year-old Oregon child was injured in a crosswalk accident in Forest Grove earlier this month – highlighting the need for pedestrians and drivers alike to exercise extra caution whenever children and moving vehicles are present in the same area.

According to an account in the Forest Grove News-Times, “police said the accident happened… as the child walked with a family member across the street in a crosswalk. The child was walking ahead of the adult and was struck by a Ford Explorer.”

The victim was taken to Oregon Health and Science University Hospital and treated for what were described by the paper as “non-life threatening” injuries. The truck’s 33-year old driver “was cited for failing to yield to a pedestrian and driving with a suspended license.”

Leaving aside the fairly obvious observation that people whose licenses have been suspended ought not to be behind the wheel of a car in the first place, this incident is a reminder of how easily injuries to Oregon children can occur. Particularly when a child is small, it takes only a moment of inattention for events to move rapidly toward a tragedy.

In this particular case we can all take solace from the reports that the injuries to the six-year-old are not life-threatening. Even that phrase, however, can conceal a tremendous variety of possibilities. An Oregon child injury attorney can help families from Forest Grove, Portland or elsewhere in the state sort through their options in the wake of traumas like these. Obtaining justice is often more easily envisioned than it is accomplished. Families weighing their options require skilled and experienced legal advice as they consider the best ways to proceed in the wake of an Oregon child injury.

Forest Grove News-Times: Child crossing E Street injured by SUV

A recent frightening incident on I-205 led to a multi-vehicle Oregon auto crash involving a pick-up truck, a large commercial truck and a TriMet bus. A man from Monmouth was injured, several other vehicles damaged and the busy road was closed for several hours during morning rush hour, according to both The Oregonian and the Portland Tribune.

The chain of events leading to the crash began with a driver “passing on the right shoulder” who then abruptly “cut back into traffic,” according to The Oregonian. The driver of a pick-up swerved to avoid the reckless driver, went into a spin and crashed into a tractor-trailer. A TriMet bus traveling behind the pick-up also swerved in an effort to avoid the unfolding accident but wound up becoming part of it. Exactly what happened to the reckless driver who set all of this in motion is not mentioned in the media accounts – a fact which implies that the person ultimately responsible managed simply to drive away (particularly since both newspapers report that the police did not issue any citations at the scene of the multi-vehicle Oregon traffic crash).

That only one person was hurt in such a complex Oregon highway accident is a testament to the importance of seat belts. According to the Tribune “all drivers were using safety restraints.” That, at least, can be taken as a good sign. It was also surely fortunate that the bus was empty at the time of the accident. As I have noted in previous posts, TriMet has had a couple of difficult years leading to some significant questions about how – and how safely – it operates.

From a Portland car accident attorney’s perspective it is a relief that no one was seriously hurt in this incident. It does, however, serve as a reminder of the importance of safe driving – and of ensuring that reckless motorists are held to account for their actions. We all have a right to expect safety and responsible conduct from the people around us on both city streets and interstate highways. When drivers fail to keep up their end of that social bargain, police, the courts and victims’ families have an obligation to step in to right the balance.

Portland Tribune: TriMet bus tangles with car, truck on I-205

The Oregonian: Monmouth man injured in I-205 crash in Gladstone that backed up traffic for miles

In a Miami courtroom today, a panel of federal judges are scheduled to hear arguments in a case with implications for athletes here in Oregon suffering from traumatic brain injuries. According to the Associated Press, the judges are “considering whether to consolidate lawsuits filed around the country by more than 300 former NFL players seeking damages for concussions they suffered.” The list of defendants includes some players, such as Tony Dorsett and Jim McMahon, who were once among the game’s biggest stars.

With the NFL fully engaged in the annual hype surrounding the Super Bowl the timing is, perhaps, unfortunate for the league. It serves, however, as an important reminder of risks of the game, even as it seems likely to revive the bad publicity the league has received for what some former players, attorneys and doctors describe as its lack of attention to long-term mental health issues. Granted the example that professional players set for other football players, and aspiring players, at every level the implications of the suit are significant. The growing public realization here in Oregon and elsewhere of the seriousness of traumatic brain injuries is surely not something the NFL wants to remind fans of in the run up to February 5’s clash between the Giants and the Patriots.

As ESPN notes, the number of players filing or joining traumatic brain injury suits has grown rapidly in recent months. The suits have been filed across the country, and today’s hearing in Miami deals with the narrow legal issue of whether all of these cases should be consolidated and go forward as a single legal action. The NFL denies charges that it failed to protect the players both during and after their careers. The players counter with painful personal stories all too familiar to any Oregon brain injury victim or their family: memory loss and more serious conditions including, as reported by ESPN, “headaches, dizziness and dementia.”

Any Oregon brain and spinal cord injury lawyer knows all too well how serious such injuries can be. The toll taken by Oregon brain injuries extends far beyond the victims and their immediate families. By publicizing the dangers inherent in the game, these retired football players are doing parents and young people throughout the country a service. Making the game safer, particularly for children and teens, must be a priority for us all.

AP via the Miami Herald: US panel mulls merge of NFL concussion suits

ESPN: NFL, retirees eye unified concussion suit

The New Year brought with it quiet news of an important development in the battle against Oregon distracted driving. Beginning this month, Oregon drivers stopped by police for using a handset while driving will no longer be able to avoid the two-year-old Oregon distracted driving law’s penalties by claiming that they were making a work-related call.

The language of the original bill passed by the legislature and signed into law by the governor allowed an exception for use of a handheld cellphone by an Oregon driver if the call in question “is necessary for the person’s job,” as the Los Angeles Times writes. This was arguably intended to be a way to protect police and other emergency services personnel whose jobs often require the use of a cellphone or hand-held radio.

In practice, however, it developed into a glaring loophole. As the Gresham Outlook noted in a recent editorial, the work exception “was that annoying escape route for ticketed drivers who used the ‘I was on a work call’ defense to get out of paying fines.”

We can all be happy that the Oregon legislature has moved to close this loophole. The fact that they have done so does not, however, make the problem of distracted driving go away – either here in Oregon or in the country as a whole. As the LA Times notes, a number of new distracted driving laws are taking effect around the country this month, even as the head of the National Transportation Safety Board is urging a nationwide ban on handheld cellphone use by drivers. Because driving is regulated by states a national ban would be difficult to institute – but not impossible. The article notes that the federal government used its authority over interstate commerce this month to put in place a ban on handheld cellphone use that “will affect an estimated 4 million commercial drivers, according to the federal motor carrier safety administration, which instituted the ban.”

While some insist on driving dangerously it is comforting to know that our courts and legal system are here to hold Oregon’s reckless drivers accountable for their actions. A Portland distracted driving lawyer can help victims and their families obtain the justice they deserve in the wake of Oregon distracted driving crashes.

Gresham Outlook: Legislature wisely hangs up on the cell phone loophole

Los Angeles Times: New laws crack down on distracted driving

The death of a patient who was also reportedly a close friend and employee of the accused doctor has left “a Northeast Portland physician (facing) administrative charges” and the possible loss of her medical license, according to a recent article published by The Oregonian.

The newspaper reports that the doctor has been charged with “gross or repeated negligence” connected to a December 2010 procedure in which her misadministration of a local anesthetic caused the patient to suffer a seizure and lose consciousness. The patient died four days later. The doctor, who now stands accused of Oregon medical malpractice, told the investigating board that “the surgery was to remove a lesion, (but) she told her patient’s son it was an attempted ‘tummy tuck’ to remove unwanted fat.”

The report by the medical board cited a number of significant issues, including inadequate evaluation by the doctor prior to surgery, the presence of insufficient back-up resources in case something went wrong and failure “to recognize symptoms of the drug overdose” once they became apparent.

Stories like this remind us of the important role that medical boards, courts and Portland medical malpractice attorneys play at the confluence of our medical and legal systems, acting to help families ensure that justice is served in the wake of preventable tragedy. No one wants to believe that tragedy will strike them – particularly when seeing a trusted physician for what ought to be a relatively routine procedure. But when doctors act negligently, accountability is essential.

The Oregonian: Oregon Medical Board sheds light on cosmetic surgery by Northeast Portland doctor that led to woman’s death

The Consumer Product Safety Commission has issued a voluntary recall of “Little Tricky” kids bike helmets. See the link below for the original CPSC news release, including pictures of the helmets themselves. Parents should immediately double-check their kids’ helmets to ensure that the children are not using the affected products.

The agency news release says that the helmets “do not comply with CPSC safety standards for impact resistance.” That means that in the event of an Oregon bicycle accident the helmets might fail to offer the required protection. “Customers could suffer impact head injuries in a fall,” the CPSC warns.

According to the CPSC the helmets have been on sale since 2006. The company’s “Triple Eight” and “Sector 9” size “S/M” (for “small/medium”) models are affected by the recall. The government is urging parents to ensure that their children stop using the helmets immediately, and to return the helmets to the manufacturer for a full refund.

The risk of serious traumatic brain injuries cannot be overstated in a case like this. Helmets are especially important when cycling because of the risk of being thrown head-first over the handlebars in the event of a crash. While it is equally true that no helmet can prevent every conceivable accident, it is important for Oregon parents to take pro-active action whenever news of a faulty product, such as this, comes to light.

CPSC: Bicycle Helmets Recalled by Triple Eight Distribution Due to Risk of Head Injury

The mother of a man who died after receiving a mysterious injection while in police custody has filed a civil rights lawsuit in response to what she believes was her son’s wrongful death, according to a recent article in The Oregonian (citing the Salem Statesman-Journal).

The newspaper reports that the Lane County woman blames her son’s death on “deliberate indifference” on the part of prison officials. The 22-year-old died in May 2010 less than two weeks before his prison term was to end. He died, however, only a few hours after receiving a shot of what the suit describes as an “undetermined drug or toxin.”

According to the newspaper, the Oregon wrongful death suit alleges that in addition to administering the mysterious shot, officials ignored instructions concerning the victim’s medications and the fact that he had been diagnosed with a form of autism. The suit alleges that officers guarding the victim did not make the required regular checks of his cell, even after he attempted suicide roughly a month prior to his death. They also allegedly failed to administer necessary medications at the proper times, despite a memo from the “federal Bureau of Prisons” informing officials that the victim “had mental concerns.”

Prison officials have an obligation to provide humane treatment and necessary medical care to the inmates in their charge. Oregon wrongful death charges need to be considered, and examined thoroughly by our courts, when there is reason to believe they have failed to do so.

A significant problem for families struggling with grief in the wake of a loved-one’s death can often be gaining an understanding of the relevant laws. A Portland wrongful death attorney can help survivors take the first step, and act as a trusted advisor and guide as they navigate the unfamiliar world of the legal bureaucracy. Everyone deserves a day in court, but getting there can be a slow and intimidating process – one made easier with an Oregon wrongful death lawyer’s advice and assistance.

The Oregonian: Northwest News: Mom sues Oregon over prison death of disabled son

With the holidays now behind us this is a good moment to pause to examine the Oregon drunk driving and Washington drunk driving statistics reported over the Christmas and New Year’s weekends. DUII/DUI crash and arrest numbers are always a sad reminder of the importance of not overindulging when one goes out to celebrate, and of the crucial role our courts play in ensuring personal accountability.

According to radio station KBND, the Oregon State Police reported “one death and 28 DUII arrests on Oregon’s roads and highways.” The comparable figures for the New Year’s period on Oregon roads were 53 arrests and two crashes resulting in three fatalities, according to a report published in The Oregonian. To our north, in Washington, troopers “arrested 161 drivers suspected of being impaired by drugs or alcohol during the Christmas holiday weekend,” according to the Tri-City Herald.

In both states the Christmas figures represent notable decreases compared with the comparable period a year earlier. The Oregon New Year’s figures, however, were up by approximately 25% over the previous year and show a 55% increase compared to two years ago.

The connection between drunk driving and holiday weekends (especially New Year’s Eve) is as unfortunate as it is predictable and seems to endure despite decades of public service campaigns designed to raise awareness and stigmatize the practice.

After the holidays are over it is an equally unfortunate fact of life that our courts often must become involved, as reckless drivers are held to account for their actions and victims seek to obtain justice, often with the assistance of a Washington or Oregon drunk driving victims’ attorney. In addition to the personal responsibility drivers must take for their actions it is also important to consider Oregon’s dram shop laws, under which those who sell alcohol to people who clearly ought not to be drinking can also be held accountable for the consequences of their actions. It would be better if none of us ever had to consider situations like these, but granted that we all must, it is reassuring to know that attorneys and our courts are here to see that justice is served.

Tri-City Herald: Washington State Patrol arrests 161 across state for DUI during holiday

KBND.com: 1 death on Oregon roads over holiday

The Oregonian: Oregon State Police report 47 intoxicated driving arrests over New Year’s holiday

A few days ago I wrote about the importance of access to our courts and the myth that Oregon personal injury lawsuits are frivolous actions designed to clog up the legal system and undercut the business community. A case settled earlier this month in the southern part of our state illustrates my point perfectly. Through a settlement announced just before Christmas a severely injured motorist has used the legal system to achieve accountability from those responsible for his suffering and, in the process, to see justice done.

According to an account by the Associated Press, the victim of a horrific Oregon car-truck accident a year ago in Central Point will receive a $1.4 million payment to account for the injuries and trauma he suffered when “a trailer detached from the rig that was pulling it and slammed into his Chevy Silverado, flattening it and trapping him inside.”

Trapped in the wreckage for an hour-and-a-half the pick-up’s driver was badly injured. Upon finally reaching a hospital “he was treated for a broken neck, spinal fluid leakage… and (multiple) fractures… as well as nerve damage in his right arm and wrist,” the news agency reports. His suit against the truck driver and the driver’s employer alleged that the truck was operating recklessly at the time of the Oregon truck crash and that the vehicle had not been properly maintained.

The sum of the settlement may look large on paper, but much of it is earmarked for paying existing medical bills and covering future medical treatment the victim will require. This, too, flies in the face of the popular perception of Oregon car and truck accident lawsuits: this action was, first and foremost, about ensuring that the victim was made whole to the extent that doing so is possible.

We can all applaud the fact that justice was eventually done in this case, even as we acknowledge that this degree of accountability should not have taken a year to achieve. This case serves as a reminder of the important role that Portland car and truck crash attorneys and other Oregon personal injury lawyers play in our legal system: helping average citizens to have their day in court and earn the justice to which they are entitled. It is also a pointed reminder that access to the courts cannot be taken for granted, and that skilled legal representation is often the essential first step victims need to take to ensure that their rights are protected.

AP via Salem Statesman-Journal: Southern Oregon motorist settles lawsuit against trucking company

A few weeks ago I alerted readers to the new movie Hot Coffee and the vital message it has for all of us as Americans. It is important that we educate ourselves concerning attempts by powerful corporations to curtail access to our courts. Now, the American Association for Justice has done us all a service by taking on one of the most powerful organs of corporate America, the United States Chamber of Commerce.

As a recent article on AAJ’s website lays out, though the C of C complains loudly and often about excessive lawsuits which are supposedly clogging our courts, “the U.S. Chamber is actually one of the most aggressive litigators in Washington D.C., entering lawsuits at a rate of twice weekly.” At the same time, however, the Chamber, through its Institute for Legal Reform, lobbies heavily “for legislation that would close the courthouse doors on anyone who would attempt to hold negligent corporations accountable.”

As every Portland personal injury attorney can attest, the barriers corporate America puts in the way of ordinary citizens seeking to confront powerful companies whom they believe have wronged them are formidable. Contrary to popular belief, getting to court is not easy. Winning in court is even harder, especially when one is faced with powerful and deep-pocketed corporate adversaries. As the article notes, the Chamber’s ILR branch “has the sole mission of making it more difficult for individuals harmed by negligent corporations to access the civil justice system.” The article contains a link to two detailed AAJ reports documenting the Chamber and ILR’s activities.

Fighting back against corporate attempts to stack the legal system against ordinary people is one of the most important jobs that every Portland personal injury attorney takes on. The vast majority of lawsuits are far from frivolous. Rather, they are attempts by ordinary Americans to protect their rights, and to see that justice is done. That is not something we ought to have to fight for in 21st century America but, unfortunately, it is.

American Association for Justice: The U.S. Chamber’s Hypocrisy Problem

A fatal accident earlier this month at an Eastern Oregon railroad crossing where collisions involving trains and vehicles have occurred in the past raises serious questions about corporate responsibility and road/rail safety.

According to Oregon Public Broadcasting (citing an article that originally appeared in the East Oregonian), a 63-year-old county worker died earlier this month “when a train struck a road grader on Canal Road south of Hermiston” in the Eastern part of the state. The worker was using the grader to spread gravel along one side of the tracks at the time of the accident. According to OPB “the train dragged the grader about 100 feet before it stopped.” The grader operator died at the scene of the Oregon train and car accident.

What makes this tragedy especially noteworthy are facts indicating it was ultimately preventable. As the article explains, at the crossing in question “motorists cannot see trains coming from the west until they emerge around a nearby curve. The crossing is uncontrolled, meaning it does not have traffic control arms.”

When one adds in the fact that there have been accidents involving vehicles at this particular crossing in the past it is difficult to avoid asking why the railroad company has not seen fit to install crossing arms in such an obviously dangerous location.

Private companies have a special responsibility to ensure that their products and services pose no threat to the public in situations where the public has no choice but to interact with the company – such as when a road crosses railroad tracks. From the perspective of an Oregon vehicle accident attorney it is especially important that ordinary citizens know that they have rights, and that they should not be intimidated by the rich or the powerful when it comes to claiming them. We all deserve to know we are safe when taking appropriate care as we cross train tracks. Doing so requires that the railways, too, take appropriate precautions concerning motorists’ safety.

OPB News: County Equipment Operator Killed in Canal Road Train Collision