Fernandez charges that the tree had been marked by the Forest Service for removal and that the logging company failed to cut it down within the timeframe agreed in the company’s contract with the government. He is alleging negligence on the part of the logger for failing to cut down the tree, and on the part of the Forest Service for failing to hold the loggers to their contract.

While unusual in some respects (people more commonly get sued for cutting down a tree improperly rather than for failing to cut it down in the first place), at its core this is a familiar sort of Oregon personal injury case: one that seeks to recover damages caused by alleged negligence on the part of the government and a private company.

Anyone involved in a Medford injury accident is well-advised to consult an Oregon personal injury attorney as soon as possible. An experienced Portland accident lawyer can advise you on the best course of action after considering your particular circumstances, including whether you may be entitled to damages to compensate for medical bills, pain and suffering, damage to your property or lost wages or salary.

The Oregonian: Here’s a twist: southern Oregon man sues Forest Service for not cutting a tree

AP from the Sacramento Bee: Oregon Man Sues Over Tree that Fell and Hurt Him

This is an issue I have written about before (see this post from last November), and one which has caused the NFL a certain amount of public relations trouble in recent months. On CBS, Goodell rejected any suggestion that the NFL has been, as host Bob Schieffer put it, “late to recognize” the seriousness of concussions and brain injuries as a problem at the professional level. The commissioner said the league has been on top of the issue “since the mid-90s”; adding: “Medical science is still trying to determine what are the long-term effects of concussions. How do you treat these?”

This is a position with which some might take issue. As I noted in November, the league is working to counter accusations it ignored or downplayed the seriousness of concussions in football for years. When Schieffer pointed out that the NFL’s own studies show that football players are five times more likely than members of the general population to suffer brain injuries or memory loss and that among 30-49 year olds that figure rises to 19 times the average, Goodell was quick to dismiss the very NFL studies he had been touting as examples of League responsibility a few minutes earlier. “This wasn’t a medical survey,” he said.

Oregon’s leadership on the issue of brain injuries has recently been praised by outside activists. Our new laws, however, are not likely to eliminate Oregon brain injuries entirely. If a tragedy like this befalls a member of your family, or if you believe a sports injury sustained years ago is now manifesting itself in the form of memory loss, it is important that you contact an Oregon traumatic brain injury lawyer at the earliest feasible time. The process of safeguarding your rights begins with an understanding of where you stand in legal terms. Every situation is different, but a Portland sports injury lawyer can help in sorting through the difficulties of your particular circumstances.

Face the Nation web page (includes video of the full interview with Goodell)

According to local media reports the Oregon fatal accident took place at the intersection of Highway 99 and Highway 34 just east of Corvallis. The truck reportedly hit the stroller as it was making a turn onto Highway 99 after stopping at a red light. Television station KPIC, quoting state police officials, reports that the toddler’s mother “may have received some minor injuries to her hands and arms” during the accident. Exactly how the stroller came to be in the intersection at the moment the commercial semi-trailer truck was turning is still under investigation.

This unusually tragic Oregon fatal truck accident raises a number of potential legal questions relating to Oregon child injuries, including a potential Corvallis wrongful death claim. Beyond any criminal issues that law enforcement officials may pursue, situations such as this can also give rise to civil claims. Anyone involved in an accident of this type should consult a Corvallis child injury and wrongful death attorney at the earliest possible time following the tragedy.

Establishing liability following a Corvallis traffic accident can be a complex and emotionally draining process. A skilled and compassionate Oregon personal injury lawyer can be an essential guide to our often difficult and confusing legal landscape during moments such as these.

The Oregonian: Child in stroller killed by commercial truck near Corvallis

KPIC.com: Police: Child in stroller hit, killed by truck near Corvallis

As the paper notes, “last year Washington and Oregon passed the first concussion-specific laws covering scholastic sports.” As I have previously noted (see this blog entry from November), traumatic brain injuries are increasingly being acknowledged as a problem, particularly in professional football. The Times notes that Florida Governor Charlie Crist is trying to use the fact that the Super Bowl is being played in his state this week to spur his own legislature on to passing brain injuries legislation. The Oregon brain injury laws, however, are among the first in the nation to acknowledge the extent to which this problem also exists in college, high school and even youth sports. The Times notes that traumatic brain injury laws focusing on student-athletes are currently being considered by legislatures in Massachusetts, New Jersey and New York, as well as Florida.

The Winter Olympics, due to begin February 12 in Vancouver, Canada, may also bring some of these issues into focus. As a recent Los Angeles Times article recounts, several top American snowboarders have recently been seriously injured, including Kevin Pearce, widely considered a possible gold medalist in half-pipe but hospitalized in Utah since December with a severe brain injury sustained during training.

If you or a loved one have been the victim of an Oregon traumatic brain injury it is important to consult with a Portland personal injury lawyer as soon as possible after the incident. Treating Oregon traumatic brain injuries can cost thousands of dollars. If someone else – by either through their actions or through negligence – is responsible for a brain injury the injured party may be entitled to compensation.

New York Times: States taking lead in addressing concussions

Los Angeles Times: Snowboarder Shaun White’s new Olympic reality: It’s no cakewalk

15 year old Jeanette Maples was killed December 9, according to an Associated Press report republished by TV station KMTR. Her parents have been charged with aggravated murder (they have pleaded not guilty). In the wake of the incident state officials began investigating whether their agencies failed to act in a timely manner that might have prevented the teen’s death. This week’s report by the Oregon Department of Human Services is critical of the state agency’s conduct. AP reports the document says Maples’ case “was not adequately investigated or referred for assessment despite four separate calls alleging abuse and neglect over four years.”

Though Maples’ parents are already facing criminal charges in connection with her death, the report raises the possible of additional legal sanctions against the state or its officials if they are found negligent in connection with an Oregon wrongful death.

Assigning blame in an Oregon wrongful death case can be a difficult and emotional process. In such situations, a Eugene wrongful death attorney can help loved ones determine whether their particular circumstances support an Oregon wrongful death claim and, if so, against whom. Cases like that of Jeanette Maples are tragic, but our court system does provide both civil and criminal remedies in the wake pf preventable tragedies.

AP, reprinted at KMTR.com: Report: State failed to help abused Eugene teen

TV station KDRV reported that 50-year old Wayne Scott Rolfe was arraigned on felony DUI charges. He has also been charged with felony driving with a suspended license. He reportedly has three previous DUI’s, and is currently being held in the Jackson County jail pending $250,000 bond.

The good news is that the three Southern Oregon drunk driving victims have been released from the hospital.

Beyond criminal charges imposed by the state it is also important that drunk drivers be held to account for the injuries they inflict on innocent victims. If you have been injured by an Oregon drunk or impaired driver, consulting with an Oregon auto accident lawyer can be a crucial step in protecting your rights. Persons injured by an Oregon drunk driver may be entitled to compensation for their injuries, to offset hospital bills, to replace lost wages and salary and to mitigate the pain and suffering to which they have been subjected. Victims may also be able to claim damages from the bar or tavern that served alcohol to the Oregon drunk driver if the establishment continued to do so despite the driver's being visibly drunk (this type of action is known as a 'dram shop claim').

Consulting with an Oregon personal injury attorney is a key first step toward achieving closure in the wake of a Medford drunk driving injury accident.

KDRV.com: S. Oregon man faces felony charges in suspected drunk driving incident

The New York Times reports that the ban is effective immediately and that violators will “face civil or criminal fines of up to $2,750.” Here in Oregon distracted driving, including texting and the use of hand-held cellphones behind the wheel, has been illegal since the first of the year. Similar bans exist in about a dozen other states as well as the District of Columbia. The federal government is able to go beyond these state laws because of the authority it possesses to regulate the trucking industry at the national level.

In addition to cellphones the new rules also cover the dashboard computers long-haul drivers use to communicate with their dispatchers. The move comes partly in response to an increasing body of statistical evidence of the dangers posed by distracted driving. Transportation Secretary Ray LaHood has been an increasingly vocal opponent of distracted driving since taking office last year.

The new regulations should also benefit drivers who have been involved in a Portland traffic accident involving an Oregon distracted driver. As laws aimed at distracted driving tighten up throughout the nation, it may become increasingly difficult for reckless drivers to justify their conduct in court. Pedestrians, motorists and cyclists injured by an Portland distracted driver should promptly consult a Portland personal injury lawyer. Beyond the criminal sanctions an Oregon distracted driver may be subject to, victims in such accidents may also be entitled to compensation for their injuries, damage to vehicles, lost income and pain and suffering.

New York Times: Government bans texting by truck and bus drivers

Reuters in Insurance Journal: U.S. bans texting by drivers of large trucks, buses

The Portland cycling accident took place early Saturday evening, when a biker was struck by a moving vehicle at the intersection of Willamette Boulevard and Bryant Street. The alleged Oregon hit-and-run driver was arrested about two hours later. The cyclist was taken to an area hospital and treated for injuries “that police said are not life threatening,” KATU reported.

Portland has long had a reputation as one of the most bike-friendly cities in the nation, but, as this accident reminds us, that does not mean bikers should ever let down their guard when riding the city’s streets. Portland bicycle accidents can be a serious problem, leading to traumatic injuries and even death. If you have been involved in a Portland bicycle accident, particularly one involving a car, truck or other vehicle, it is important to seek the advice of an Oregon personal injury attorney as soon as possible.

Cyclists may be entitled to compensation for their injuries and for damage to the bike. If an accident forces you to miss work, restitution for lost wages or salary may also be in order. A Portland bike accident attorney can help you navigate our complex legal and court system, even in the wake of great stress or personal trauma.

KATU.com: Arrest made in N. Portland bicyclist hit-and-run

An Oregon pedestrian accident on December 20 left three young people, including a 14 year old boy, injured after they were struck by a car while crossing the road at the intersection in the dark. According to a recent report on KATU.com, the accident has prompted the Oregon Transportation Commission to revise its plan to install a pedestrian-activated crossing signal at the location. Installation of the light will now take place next year, rather than in 2012.

Any traffic accident is tragic, but accidents leading to Oregon injuries to children are especially emotional. In the Tualatin incident the 14 year old boy sustained a broken arm, two broken teeth and will require facial reconstruction surgery. He remains in intensive care, according to KATU.

If you, or your child, have been injured in a Portland-area pedestrian accident taking early action to protect your rights is imperative. Consulting with a Portland pedestrian accident attorney is an important first step. Children injured in Oregon child injury accidents may be entitled to substantial compensation to cover necessary medical treatments and ease their recovery. An Oregon traffic accident lawyer can also advise you on whether responsibility for the accident may extend beyond the driver involved to include elements of state or local government because of safety issues involving roads or traffic signals.

KATU.com: Victim of Tualatin Valley crosswalk collision recovers, ODOT plans signal

Overall, Advocates judged states by the number and strength of 15 different legal areas associated with highway safety. Oregon was one of ten states (plus the District of Columbia) to earn the ‘Green Light’ designation.

Rising awareness of Oregon distracted driving and other highway safety issues was a key feature of the state’s politics last year. As the new law takes effect it raises separate questions about how it will be enforced by the state’s courts and what that may mean for drivers or pedestrians injured by an Oregon distracted driver.

If you have been involved in an accident involving a Portland, Salem or Corvallis distracted driver it is important to make contact with an Oregon personal injury lawyer as soon as possible. A Portland auto accident lawyer can help you obtain the compensation you deserve for injuries caused by a driver who was not paying enough attention to the road.

Tucson Citizen: Report card on highway safety shows more states fail, fall under more pointed scrutiny; Safety advocates call for urgent state action in 2010

The CPSC issued a recall of the Amby Baby Motion following the death of the Gresham man’s son, urging “parents to stop using Amby hammocks immediately,” according to the article. The Journal reports that, according to the CPSC, about 24,000 units of the product had been sold in the United States prior to the recall.

Defective products are a worry in all aspects of our lives, but when they injure or kill children their impact is particularly severe. These situations are tragic, and they are times when the advice and assistance of an Oregon child injury lawyer familiar with product liability issues can be invaluable. An experienced Portland or Gresham product liability attorney can help you obtain the compensation to which you are entitled to offset medical bills or funeral expenses, lost wages or salary you may have incurred in caring for an injured child and pain and suffering stemming from the accident.

The loss of any child is tragic. Thankfully, our legal system offers a way to ensure that companies manufacturing harmful products are held responsible for their actions.

Insurance Journal: Oregon Man Files Lawsuit Over Defective Baby Hammock

The reason for this, Dr. Santa writes, is that American medicine has developed a professional culture that is very reluctant to acknowledge error. Doctors and nurses fear professional consequences. Administrators, in turn, fear that publicizing mistakes will make medical professionals even more reluctant to report them. Ultimately, the real losers, he writes, are patients, who “deserve to know what happened and that the doctor or hospital is trying to rectify the situation.”

Dr. Santa also offers a series of helpful, common sense suggestions for patients, among them: “Enlist family members to keep track of your care” and “Know what medicine you’re taking and tell your doctor or nurse if you don’t recognize what you’re given.”

Though Dr. Santa does not mention it, it is also true that the legal system has emerged as a check on the sort of medical malfeasance about which he writes. Here in Oregon, a Portland medical malpractice lawyer can offer patients and their families advice on legal remedies they may have after something has gone wrong during a hospital stay. Medical malpractice suits are rarely pleasant, and often come in the wake of great personal pain and suffering on the part of patients and their families. An experienced and compassionate Oregon wrongful death and medical malpractice attorney can, however, be an important resource when other’s mistakes have thrown your family into despair.

The new law, which went took effect January 1, requires insurers to provide consumers with a written explanation of how the value of their totaled vehicle was determined. If there is a dispute over the amount of the insurance payment the law also requires the insurance company to pay the portion of the claim that is not in dispute while the two sides continue to argue over the remainder. Insurance companies must also reimburse “reasonable appraisal costs” to customers when an independent appraisal results in a higher valuation than what the insurer had offered as a final settlement (provided that the policy contains an appraisal provision in the first place).

As with any new law these measures are likely to be subject to some degree of interpretation by courts, especially in the coming months. They do, however, provide you and your Portland auto accident lawyer with powerful new tools to hold insurance companies to account. Getting an insurance company to pay what you are owed is often a difficult and contentious process. With the help of these new laws, however, an Oregon traffic accident lawyer with expertise in totaled vehicles can fight to get you the settlement you deserve.

State of Oregon Insurance Division: 2009 Legislative Summary

Among the most important is a new law raising the ceiling on income replacement benefits from $1250 to $3000 per month. These are benefits paid by your insurer if you are unable to return to work because of an injury. It goes without saying that for many people the old monthly rate of $1250 – essentially a minimum wage salary – fell far short of actually replacing lost income.

The same bill also increased the required level of motor vehicle liability insurance for damage to others from $10,000 to $20,000 (that increase, in turn, bumps up the minimum level of optional uninsured motorist coverage for property damage that companies must offer their customers. This level also goes from $10,000 to $20,000).

The income replacement benefit is especially important not only because it ought to help injured consumers in these tough economic times, but also because it may put pressure on insurers to offer more generous benefit levels. If you are locked in a dispute with an insurance company over income replacement benefits and their appropriate level this would be a very good time to consult with an Oregon personal injury attorney to get a better sense of the new law and how it may benefit you. Experienced Portland severe and catastrophic injury attorneys take the time to examine all legal and regulatory changes like these and give careful consideration to how they may effect your situation. Even at $3000 per month, income replacement will fall short for many people. A careful and compassionate Oregon injury lawyer can help you explore your options should this situation arise.

State of Oregon Insurance Division: 2009 Legislative Summary

Oregon’s new distracted driving law requires drivers to use a hands-free device, such as a Bluetooth headset, when making and receiving calls. Telephone use by drivers under the age of 18 is banned entirely. Also banned (for drivers of all ages) is texting while behind the wheel. More details about the new law can be found here.

While there have been a number of media reports during the last few weeks of brisk headset sales around Oregon, it will probably take some time before the real impact of the Oregon distracted driving law becomes clear. Anecdotal evidence from other states with distracted driving laws indicates that enforcement regimes vary widely (for example: New York, one of the first states to enact a distracted driving law, has a reputation for relatively relaxed enforcement while Washington DC is said to be unusually strict).

The fact that Oregon now restricts distracted driving may also make the issue the subject of more civil actions around the state. If you have been injured by someone who was inappropriately using a cellphone behind the wheel, consulting with a Portland distracted driving lawyer should be among your top priorities. Even if the police have not issued a criminal citation to an Oregon distracted driver you, as the victim, may be entitled to a substantial settlement.

Salem Statesman-Journal: ‘Hang up and drive’ starts Friday

New York Times Interactive: Timeline: The Selling of the Cellphone