Oregon Injury Lawyer Blog

An Oregon bicycle and car accident in which a Portland man allegedly intentionally hit a cyclist is being heard in the Clatsop County courts. Prosecutors say the 23 year old driver “just took off” after hitting a cyclist in Seaside, according to TV station KVAL. The station reports that the suspect was found hiding in the woods after abandoning his truck near the scene of the accident.

The Oregonian reports that the cyclist was seriously injured in the incident, and that the driver has been charged with attempted murder, first-degree assault and felony hit-and-run. Bail was set at $250,000.

The accident is a reminder of the importance of both cycling safety, and of the need for the strict enforcement of laws requiring motor vehicles to share the road with law-abiding Oregon bicycle riders. Drivers who intentionally run down cyclists are, mercifully, rare. Far more common, however, are careless motorists who simply do not pay as much attention as they should to Oregon bike riders. A Portland bicycle injury lawyer can advise cyclists who have been hit by cars – whether accidentally or intentionally – on their legal rights and whether they are entitled to damages to cover expenses incurred as a result of an Oregon cycling accident involving a car or truck. Such accidents can be especially dangerous, since Portland cyclists hit by a car stand a significant chance of suffering an Oregon traumatic brain injury.

Oregon’s high quality of life is based, in part, on our state’s bicycle-friendly reputation. Bikes are entitled to share the roads with cars, and the legal system offers remedies for bikers who find that motorists are not holding up their end of the law.

The Oregonian: Portland-area man accused of deliberately running down a bicyclist on U.S. 101 near Seaside

KVAL.com: Oregon man accused of intentionally hitting cyclist with car

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Bicycle Accidents , Motor Vehicle Accidents , Traumatic Brain Injuries

Bookmark:

A Vancouver WA man is under arrest after leading police on a high-speed chase that ended with an Oregon Car crash on Sauvie Island. According to TV station KPTV, the driver, identified as 35 year old Ashley Siclovan, led police on a chase at speeds in excess of 100 mph for 18 miles. A police car was disabled while attempting to stop him. The chase eventually ended in an Oregon car accident when Siclovan allegedly crashed his vehicle into the gate of a state fish and wildlife office on Sauvie Island.

According to The Oregonian, Siclovan was arrested and taken to the Columbia County jail. He has been charged with felony attempt to elude, reckless driving, criminal mischief and second degree kidnapping. The last charge relates to a female passenger who he let out of the vehicle after crossing onto Sauvie Island. The woman later told police that Siclovan had refused to let her out of the car as he attempted to escape from the police. She was not arrested.

It is fortunate that no one appears to have been harmed in the incident. The chase is a reminder, however, of the damage a reckless driver can potentially cause. If you or a loved one has been the victim of a Portland reckless or high speed driver consulting with an Oregon auto accident injury lawyer at the earliest possible opportunity is a prudent course of action. An experienced Portland personal injury lawyer can offer valuable assistance, and help you determine whether your situation merits a claim for injuries or other damages suffered in an Oregon auto accident.

KPTV.com: High speed chase ends in Sauvie Island crash

The Oregonian: Police arrest Vancouver man after tag-team chase to Sauvie Island

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Motor Vehicle Accidents

Bookmark:

Two of the drivers involved in a four car Canby auto accident last week were hospitalized with one of them receiving a citation from police for his role in the Oregon car accident, according to a recent report in the Canby Herald.

The newspaper reports that the Portland area traffic accident took place on Arndt Road, near the intersection with Airport Road around 7 am on Wednesday shutting down traffic on Arndt road in both directions during morning rush hour. One of the drivers, 49 year old Michael Lee, was treated at a Portland hospital and was cited for both reckless driving and driving while suspended. A second driver, Hector Estrada-Vargas, was treated at a hospital in Tualatin.

The Herald, quoting police officers, reports that the accident began when Lee, who was traveling eastbound on Arndt Road, illegally passed another vehicle on the right. In executing the pass he lost control of his pick-up truck, careened into the westbound lane and collided with three oncoming vehicles, including the one driven by Estrada-Vargas.

Incidents like these remind us why it is important that our justice system offers injured parties recourse beyond the criminal citations issued by police at the scene. Victims of Oregon reckless driving or a Portland area auto accident of any kind should consult with a Portland personal injury attorney as soon as possible after the incident. Compensation for injuries and damages you suffer in an Oregon car accident can be substantial, depending on the nature of the crash. Seeking advice from an Oregon car crash lawyer at the earliest opportunity is the best way to protect your rights.

Canby Herald: Two hurt in four car accident

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Motor Vehicle Accidents

Bookmark:

Monday marked the beginning of a two-week crackdown on dangerous driving, according to a recent report in the Eugene Register-Guard. Oregon auto accidents are the target of the statewide effort, known officially as the “Three Flags Safety Campaign.”

The name of the program to prevent Eugene fatal traffic accidents takes its name from what law enforcement officials cite as the three biggest factors in Oregon auto accidents: “driving impaired, driving too fast and failure to use seatbelts.”

Citing Eugene police department statistics, the paper reports that even though official estimates are that 96% of Oregonians use seatbelts, lack of a seatbelt remained “a major factor in half of Oregon’s traffic deaths in 2008.”

The fact that police feel the need to launch a coordinated, high-profile Oregon traffic safety campaign of this type is a reminder that there are still a remarkably large number of dangerous drivers on the road. If you or a loved one are unfortunate enough to be in an Oregon injury accident it is important that you consult with an experienced Portland or Eugene Personal Injury Attorney as soon as possible. Even if police officers at the scene opted not to cite anyone you may be entitled to civil damages arising from a car, truck or pedestrian accident.

The police are working to make out streets safer, but the justice system also plays a role in making seeing that Oregon reckless drivers pay for the damage they cause.

Eugene Register-Guard: Police to target driving dangers

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Motor Vehicle Accidents

Bookmark:

A 50-year old man “with a history of driving under the influence” is being held by Medford police on suspicion of drunk driving. In a Southern Oregon drunk driving accident last Saturday the man allegedly injured three people, all of whom had to be hospitalized.

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

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Motor Vehicle Accidents

Bookmark:

Few things can be as mysterious to the outsider as the methods insurance companies use to value damage to a vehicle, especially when the car or truck has been totaled. A new Oregon law attempts to make that process a bit clearer – and fairer – for consumers.

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

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Motor Vehicle Accidents

Bookmark:

A three vehicle Oregon car crash on Route 20 between Corvallis and Albany injured nine people Christmas Eve, according to an article in The Oregonian. Quoting State Police, the newspaper reports that a pick-up truck driven by a 19 year old Salem man drifted out of the westbound lane and over the center line at about 6:30pm striking two oncoming vehicles.

The pick-up’s driver was taken to an Albany hospital with what were described as minor injuries. His three passengers, among then a baby and a toddler, also sustained minor injuries. The driver of one of the other vehicles and two of his passengers were transported to a hospital in Corvallis, all with serious injuries. Two other passengers from that car sustained minor injuries. The four people in the other vehicle were uninjured.

This tragic Christmas Eve accident is a tragic reminder of the need for special caution when driving in the dark in the wintertime.

If you have been involved in a similar accident it is important to seek the advice of a Corvallis car crash attorney as soon as possible. Even if you and your passengers have been lucky enough to escape injury, you may be entitled to compensation for damage to your vehicle, or for pain and suffering arising from the traumatic experience of the accident. In the unfortunate event of injury, an Oregon personal injury lawyer can help you obtain just compensation to cover medical bills, necessary therapy and lost wages or salary arising from an Oregon car accident.

The Oregonian: Nine injured in three-vehicle accident on Oregon 20 near Albany

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Car Accidents , Motor Vehicle Accidents

Bookmark:

In a tragic, yet timely, reminder of the need for safe driving this Holiday Season, KATU television reports that a teenager is in critical condition after an Oregon injury car accident near Salem earlier this week. The car was reportedly carrying five people when it crashed into a power pole and flipped over. Three other people inside the vehicle were also reportedly injured in the Salem auto accident. One person escaped injury.

KATU quotes police deputies saying alcohol was involved in the Oregon one car crash. All five people in the vehicle were in their late teens or early 20s, and the station reports that they became loud and abusive when firefighters arrived on the scene to rescue them.

The roadways are always more deadly around major holidays. Increased numbers of people are traveling whenever a holiday comes around, and anecdotal evidence suggests alcohol may also be more likely to be involved in a crash at this time of year.

If you have been the victim of an Oregon holiday traffic accident it is worth remembering that DUI and DWI laws are not suspended merely because it is the holiday season. Consulting with an Oregon car crash attorney as soon as possible is a prudent move, regardless of whether police at the scene issued citations or not. You may be entitled to compensation to cover medical bills and pain and suffering or to replace wages or income lost as a result of an Oregon car accident.

Making the holidays safe requires extra vigilance on the part of everyone on the road at this time of year.

KATU: Police: Crash victims ‘tried to fight with the deputies’

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Car Accidents , Motor Vehicle Accidents

Bookmark:

Police in Gresham, just east of Portland, have arrested a suspect in a hit-and-run Portland auto accident that injured four people, three of them from the same family. According to a report in The Oregonian, a 26-year-old Gresham man has been charged with two counts of felony hit-and-run, one count of reckless driving, four counts of reckless endangering, three counts of criminal mischief and with driving without a license. The paper quotes Gresham police saying the man has confessed to the crime.

The Portland injury crash took place at the corner of SE Stark and 181st St last Friday. According to the Salem News, the suspect rear-ended a vehicle carrying a family of three that was stopped at a traffic light, forcing that car into the one in front of it. All three people in the first car as well as the driver of car it was shoved into had to be transported to area hospitals for treatment. The driver of the pick-up fled, but police arrested him later that evening.

After an accident like this prompt consultation with a Portland traffic accident lawyer should be a top priority. The criminal charges filed against the alleged driver of the pick-up truck are separate from, and do not address, civil liability. Put another way: in a situation like this the criminal charges may take a reckless driver off the road, but they will not pay the victims’ hospital bills or compensate them for lost wages or pain and suffering.

All of these are elements of Oregon hit-and-run cases that an experienced Oregon hit-and-run accident attorney can help you sort through and address. Prompt action following an accident can be a key step in protecting your rights and obtaining the compensation to which you may be entitled.

The Oregonian: Suspect arrested in Gresham hit-and-run crash

Salem News: Hit-and-run crash sends family of three and another motorist to hospital

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Car Accidents , Motor Vehicle Accidents , Personal Injury

Bookmark:

This may not come as a huge surprise, but a new survey indicates that teens are still texting while driving, despite a rising number of state bans across the country, including a newly enacted one here in Oregon.

The new survey data, compiled by Pew Research, was released this week, according to the tech news website CNET. In July Oregon became the 16th state to ban texting while driving, a practice that is pretty much universally acknowledged to be extremely dangerous. Oregon car accidents leading to serious injuries or death are far more likely to occur when a driver is talking on a cellphone or texting. This includes single and multi-car Oregon auto accidents as well as Oregon pedestrian accidents.

The Pew survey indicated that one-third of 16 and 17 year old drivers admitted to texting while driving (one was quoted as saying he wears sunglasses while texting “so the cops don’t see” him looking down). A full 48 percent of passengers age 12 to 17 said they had been a car while the driver was texting. Portland car accidents involving a texting driver can be especially serious, and may expose the driver to liability even from passengers in his or her own vehicle. A Portland personal injury lawyer specializing in Oregon cellphone-related car accidents can advise on the best way to approach a car accident lawsuit.

CNET: Survey: Third of teens text while driving

Resource:
Governors Highway Safety Association

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Motor Vehicle Accidents , Personal Injury

Bookmark:

A 29-year old woman was involved in a Hillsboro pedestrian accident recently while making her way through the parking lot at Sunset Esplanade. The Hillsboro auto accident took place in the late afternoon moments after the victim had exited a bus and as she was heading across the parking lot on the shopping complex’s north side, according to a report in the Hillsboro Argus.

The car struck the woman as she moved through the parking lot at what a police spokesman later described as “a jogging pace”. The woman was thrown onto the hood of the car, hitting its windshield. The police spokesman told the Argus that the victim of the Oregon car and pedestrian collision was taken to an area hospital with a broken back, but that she was not paralyzed as a result of the accident.

Parking lots, with their restricted sight lines and drivers who are not always proceeding as cautiously as they should, can be especially dangerous for pedestrians. Portland traffic accidents in parking lots can lead to serious injuries, or death. If you have been struck by a car in a parking lot consulting with a Portland personal injury lawyer should be a top priority.

Even if police opt not to issue a citation to the car’s driver that does not mean the person who hit you is exempt from civil liability. Recovery of medical bills, compensation for pain and suffering and even punitive damages may be in order, depending on your personal situation. Consultation with a Portland traffic accident attorney is the first step toward assuring that your rights are protected.

The Hillsboro Argus: Pedestrian crossing parking lot injured by car at Sunset Esplanade

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Motor Vehicle Accidents , Pedestrian Accidents

Bookmark:

A history of Oregon highway accidents along several roads linking the Willamette Valley to the North Coast is raising concerns among residents and activists who believe the number of North Coast car wrecks has become excessive.

A recent report in the Daily Astorian focused on US-30 car crashes, US-26 car crashes and US-101 car crashes, noting that one particular section of 101 has been nicknamed “slaughter alley” by local residents. The situation along these roadways obviously merits extreme caution. If an accident does occur the skill and local knowledge of a Portland personal injury attorney with experience in North Coast car crashes can be invaluable.

Police and Oregon Department of Transportation officials say many of the problems stem from drivers who are not sufficiently alert or who are traveling too fast. Local activists, however, say passing lanes should be more carefully located along all of these roads. An August Clatskanie car crash that killed four teenagers on US-30 led to calls for a passing zone to be changed to a no-passing zone. ODOT officials, however, say statistical data shows the area to be safe for passing, and note that their job requires prioritizing safety upgrades throughout the state.

In the event of a Willamette Valley car accident, whether fatal or not, an experienced Oregon car crash lawyer can help victims wade through complex and confusing official reports to see who should be held liable for North Coast traffic injuries or deaths. The history of a particular stretch of road can be a factor in determining who is at fault for an Oregon car accident, and what the proper compensation after an Oregon injury accident should be.

Daily Astorian: Frequent Accidents Plague Motorists

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Motor Vehicle Accidents

Bookmark:

A Springfield pedestrian death is drawing new attention to an especially dangerous stretch of road. The Springfield Oregon auto accident took place last week when 49 year old Harold Leroy Singleton was hit by a car while crossing Main Street according to the Associated Press and other media outlets.

The accident occurred last Saturday evening. The AP quoted police saying their initial investigations indicate Singleton was not paying attention when he stepped out into the street, initiating the Springfield fatal accident. Singleton was taken to Sacred Heart Medical Center in River Bend, where he died a short time later.

No charges have been filed against the 78-year old driver of the car that hit Singleton. The incident, however, highlights the especially dangerous reputation of Springfield’s Main Street. The AP reports that over the last 12 years at least eight pedestrians have been killed and 40 injured on Main Street in Springfield.

Oregon fatal accidents such as this one can often involve liability claims, making it essential to consult with a Springfield personal injury attorney if you have been involved in an Oregon traffic accident, whether fatal or not. An Oregon car accident lawyer can help determine whether you have a legitimate claim against the other party or parties in involved, and can be essential in defending you if you, in turn, are sued.

Eugene Register-Guard: Pedestrian killed in Springfield

KVAL: Pedestrian killed in Springfield accident

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Car Accidents , Motor Vehicle Accidents , Pedestrian Accidents

Bookmark:

A Eugene car crash involving eight vehicles sent two women to the hospital Thursday and snarled traffic on Interstate-5 according to police and media reports. The women’s injuries were not life-threatening.

According to Oregon State Police spokesman Lt. Gregg Hastings, the incident began early Thursday afternoon when a car stuck in traffic on the Willamette River Bridge was rear-ended by a van. The van’s impact pushed the car into the vehicle in front of it, setting off a chain reaction that eventually left a total of eight vehicles damaged, including two commercial trucks. State troopers on the scene blamed the crash on congested traffic on the bridge.

The Oregon injury crash closed northbound traffic on the bridge for about 20 minutes and slowed it for another hour when a single lane was initially re-opened. Rubbernecking by drivers also slowed traffic in the southbound lane to a crawl for a time.

Eugene traffic accidents like this one can lead to costly litigation, requiring the services of an experienced Lane County personal injury lawyer. Even when no lawsuit emerges as a result of an Oregon traffic accident, those involved may have reporting responsibilities under Oregon law, making a consultation with Oregon injury attorney a prudent precaution.

Eugene Register-Guard: Crash on Interstate-5 sends two to hospital

The Oregonian: Two women injured in eight vehicle crash on I-5 near Eugene

Resources:
Oregon DOT: Your responsibilities in an accident

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Motor Vehicle Accidents

Bookmark:

Two Nevada men died in an Oregon truck accident Friday. According to police, the Oregon motorcycle deaths occurred north of Chiloquin on Highway 97 when an SUV hit the riders as it tried to overtake a truck.

Police identified the victims as John Lyman Howell, 65, and James Scott, 49, both of Reno, Nevada. Both men were pronounced dead at the scene of the accident. Redmond resident Gary Couch, 63, was driving the SUV and sustained minor injuries. He was taken to a hospital in Klamath Falls by ambulance. His wife Susan, 68, who was riding in the SUV’s passenger seat was more seriously injured and had to be airlifted to the hospital.

According to investigators at the scene of the Oregon motorcycle accident, the Couch SUV was traveling north on Highway 97 early Friday afternoon. It struck Howell and Scott, who were traveling in the southbound lane, while trying to overtake a commercial semi-trailer truck. The driver of the truck, identified as 53-year old Alan Galloway of Idaho, was uninjured. The highway was reportedly closed for more than three hours while police cleared the debris and conducted investigations at the Oregon accident scene.

Police say they believe Howell and Scott were on their way back to Nevada after visiting friends in Washington. They have asked for the public’s assistance in locating Howell’s next-of-kin.

Like all Oregon motor vehicle accidents, incidents such as this create a series of responsibilities and possible legal implications for everyone involved. Particularly when the worst happens and someone is killed, it is important to retain the services of an experienced Oregon motor vehicle attorney as soon as possible.

KATU: Next of kin sought in motorcycle death

KATU: Police: Two motorcyclists die as SUV tries to pass

The Oregonian: Police identify couple in car involved in fatal motorcycle accident

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Motor Vehicle Accidents

Bookmark:

A 17-year old died in a one-car Salem car accident Saturday, according to local sheriff’s deputies. Authorities have not released the name of the victim, but say the wreck involved a jeep that crossed into the northbound lane of Lancaster drive before going off the road and striking a tree. Officials are still investigating the accident, but say there were no signs of braking at the scene. They do not believe alcohol was involved.

According to the Oregon DMV the state has more almost 412,000 licensed drivers between the ages of 15 and 24. Nationally, people in this age group represent only 14% of the US population, but account for nearly one-third of the total costs of motor vehicle injuries.

If you have been involved in a Portland motor vehicle accident, or an accident elsewhere in the state, you have certain responsibilities, and should seek the immediate assistance of an Oregon car accident lawyer.

Oregon law requires that any accident involving injury or death, as well as any accident involving more than $1500 in damage to a vehicle or to property, be reported to the DMV within 72 hours. In such instances it is also crucial to contact an experienced Oregon motor vehicle accident attorney to ensure that you and your loved ones are properly represented when dealing with authorities, insurance companies and any other persons involved in or affected by the accident.

Teen killed in wreck on Saturday, The Oregonian, September 28, 2009

Related Web Resources:

Oregon DMV

Centers for Disease Control - Teen Drivers Fact Sheet

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Motor Vehicle Accidents

Bookmark:

This week, the US Department of Transportation is hosting the Distracted Driving Summit. During the two-day meeting, attended by senior transportation officials, safety advocates, government officials, academics, and law enforcement representatives, attendees are expected to discuss the dangers that can arise when a motorist is texting while driving or engaged in another distracted driving habit.

Our Portland, Oregon car accident lawyers welcome the good news that lawmakers and safety officials are taking a closer look at distracted driving. About 8,000 auto accidents occur each year due to distracted driving. Distracted driving is any activity that compels a motorist to take his or her eyes off the road, the hands off the wheel, and/or focuses the mind on anything other than driving. Talking on the phone, reading, painting one’s nails, putting on makeup, text messaging, surfing the Web, and Twittering are just some examples.

Each of these harmless activities become dangerous when done while driving. The injuries that result during an Oregon motor vehicle accident can be fatal. Meantime, surviving loved ones are left to cope with the inconsolable loss of a loved one who died because someone was distracted while driving.

To get motorists to stop engaging in distracted driving, AAA and AAA Foundation for Traffic Safety are calling on drivers to put away any distractions for just one week. Heads Up Driving Week will take place from October 5 – 11. The recommendation is “Try it for a week – do it for life."

More Facts about Distracted Driving:
• Driver inattention is a factor in over 1 million North American auto accidents each year.
• Most drivers spend more than half of their driving time engaging in a secondary task.
• Using a cell phone while driving increases a driver’s crash risk by up to 4 times.
• Even though the AAA Foundation’s 2009 Traffic Safety Culture Index found that 95% of motorists now know that texting while driving is not acceptable, 18% still text or email while driving.

Throughout the state, Portland, Oregon injury attorney Matt Kaplan represents clients who were injured in car accidents, truck crashes, bicycle collisions, pedestrian accidents, and motorcycle crashes involving negligent drivers.

U.S. Transportation Secretary Ray LaHood Announces Agenda for Distracted Driving Summit, Department of Transportation, September 16, 2009

The Facts about Distracted Driving – Know the Dangers/Avoid the Risks, AAA Foundation.org

Related Web Resources:
Hands Free, Text Messaging, and Cell Phone Driving Laws

National Highway Traffic Safety Administration

Continue reading "How Not to Cause an Oregon Car Accident: Distracted Driving Summit and "Heads Up Driving Week" Highlight Dangers of Multitasking While Operating a Vehicle" »

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: 15-Passenger Van Accidents , Bus Accidents , Car Accidents , Motor Vehicle Accidents , Truck Accidents

Bookmark:

A three-vehicle crash on Highway 30 injured three people on Monday. The Oregon car accident took place around 5pm when Clatskanie resident Jeffrey Lidgett swerved his van to avoid hitting a deer. In an attempt to avoid Lidgett’s vehicle, Castle Rock driver Justin Aldrich drove onto the road’s eastbound shoulder. Another vehicle, a BMW, also tried to get onto the shoulder, but was struck by Lidgett’s van.

The driver of the BMW, Portland Police Bureau's Traffic Division Captain Eric Hendricks, and his wife Nadine, sustained serious injuries from the Oregon auto accident. Hendricks had to be flown to Legacy Emanuel Hospital. His wife was also transported by air to Oregon Health Sciences University. Lidgett, who sustained non-life threatening injuries, was taken to the hospital.

Oregon State Police have been investigating the accident. The Oregon Department of Transportation reports that 2% of Oregon car accidents involve wild animals.

Motorists are expected to drive carefully at all times—even when avoiding wild animals and pets on the road. The Oregon State Police recommends that if faced with the choice of striking the animal or swerving into another vehicle, it is safer to hit the animal if stopping in time is not an option.

If you have been injured in an Oregon car accident, it is important that you are represented by a Portland, Oregon injury attorney who has the resources, manpower, and knowledge to successfully pursue your case. Not only will you need someone who knows how to examine the crash site and any accident evidence, but your car accident lawyer can deal with the insurers and push for the maximum recovery possible during settlement negotiations or in court.

Clatskanie man cited for Monday's accident in which senior Portland policeman and wife were hurt, The Daily Astorian, September 23, 2009

Portland traffic captain, wife remain in critical condition after 3 car crash, Oregon Live, September 22, 2009

Related Web Resources:
Oregon Department of Transportation

What to do after a car accident, MSN

Continue reading "Portland Traffic Captain and His Wife Among Those Injured in Oregon Three-Vehicle Crash on Highway 30" »

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Car Accidents , Motor Vehicle Accidents

Bookmark:

Traffic was backed up for miles on Interstate 5 on Friday following an Oregon traffic accident involving several motorcycles. The riders belong to the Brother Speed outlaw motorcycle club.

The Oregon motorcycle accident happened as approximately 26 riders, traveling in the left lane and following a car, were forced to slow down because traffic ahead had slowed down. Unfortunately, several of the motorcycles collided with one another, causing a pileup on the road. A vehicle in one of the lanes also hit one of the motorcycles.

Two riders sustained critical injuries. They were flown to Portland hospitals. Seven other traffic crash victims were driven to hospitals for hip injuries, shoulder injuries, and broken bones.

With so many vehicles involved, it can be difficult to determine who was liable for causing the Oregon motorcycle collision without the help of an experienced Oregon personal injury lawyer.

Getting thrown off a motorcycle can lead to serious injuries and the rider’s helmet and protective gear are often not enough to prevent serious injury or death. Hospital expenses and rehabilitation costs for motorcycle injuries can start to add up, and a Portland, Oregon motorcycle accident lawyer can make sure that you receive your financial recovery.

Motorcycle accidents can result in broken bones, burn injuries, paralysis, other spinal cord injuries, traumatic brain injuries, and wrongful death.

Protective steps motorcyclists can take to avoid getting involved in traffic accidents with other motorcycles or vehicles:

• Watch out for possible hazards.
• Make sure you are visible to other drivers and riders.
• Make sure that you can see the other vehicles and pedestrians around you.
• Make sure that there is enough stopping distance between you and other vehicles. This will vary depending on how fast you are going.
• Always pay attention to the vehicles in front of and around you.
• Pass other vehicles carefully.

26 Brother Speed motorcycles crash on I-5; traffic back, Oregon Live, September 18, 2009

Multiple motorcycle accident closes I-5, Newberg Graphic, September 18, 2009

Related Web Resources:
The Hurt Report

Motorcycle Safety Foundation

Continue reading "Motorcycles Involved in Oregon Traffic Accident on I-5" »

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Motor Vehicle Accidents , Motorcycle Accidents

Bookmark:

As part of Child Passenger Safety Week, which runs from September 12 – September 18, 2009, parents and caregivers can go to one of many free safety seat inspection stations located throughout Oregon (see link below) to get their child safety seats checked. The inspection allows trained passenger safety technicians to make sure that you are using the correct seat for your child’s size and that the seat is correctly installed in your vehicle.

While the National Highway Traffic Safety Administration reports that the child safety seat use is at its highest rate ever, 75% of the safety restraint devices are not being used correctly. This can be very dangerous for the child, who can get seriously hurt or die in a Portland, Oregon car accident without a properly fitting, or fitted, child car safety seat.

Of course, there are also the child injuries and deaths that can occur during motor vehicle crashes because a child car safety seat was defectively designed or product flaws occurred during the manufacture process. Over the last several years, the Consumer Product Safety Commission has had to recall child safety seats when these flaws have proved too dangerous that lives are at risk.

Some examples of child car safety seat defects that may lead to products liability lawsuits involving injuries to minors:

• Defective plastic shells
• Harness defects
• Design flaws involving the buckle or latch
• Failure to warn of possible hazards
• Inadequate instructions

It is devastating for a parent to have his or her child suffer serious injuries in any kind of Oregon auto accident. It can be even more upsetting to know that those injuries could have prevented if only your son or daughter had been properly protected by a child car safety seat, a booster seat, a seat belt, or another safety restraint system.

U.S. Transportation Secretary Ray LaHood Launches Child Passenger Safety Week, NHTSA, September 10, 2009

Related Web Resources:
National Child Passenger Safety Week

Child Safety Inspection Stations in Oregon offering free inspections this week

Car Safety Seats: A Guide for Families 2009, American Academy of Pediatrics

Continue reading "Child Car Safety Seats, When Defect-Free and Used Properly, Can Save Children's Lives During Oregon Car Crashes " »

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Car Accidents , Injuries to Minors , Motor Vehicle Accidents , Products Liability

Bookmark:

In Multnomah County Circuit Court, Jack Alvord pleaded guilty to reckless driving, drunk driving, and third-degree assault in the Portland, Oregon pedestrian crash that seriously injured 51-year-old Norman Larkin, who is blind. Alvord, 61, pleaded no contest to hit-and-run driving. Yesterday, a judge sentenced Alvord to 22 months in prison.

Larkin broke his pelvis and legs during the Oregon traffic accident that took place on February 7. Alvord’s car drove onto the sidewalk, struck Larkin, and pinned him against a utility pole. 14 people saw the catastrophic pedestrian crash.

Some of the witnesses followed Alvord and boxed him in so he couldn’t get away. His blood-alcohol level was more than four times the drunk driving limit at .3%.

Following the Portland, Oregon pedestrian accident, Alvord went into rehab and persuaded his insurer to settle with Larkin, who just recently started to walk again. The remorseful drunk driver accepts full responsibility for causing Larkin’s personal injuries.

Unfortunately, not all negligent motorists are as quick as Larkin to take responsibility for their actions. This can make it hard for a Portland, Oregon motor vehicle accident victim to obtain the financial recovery that he or she needs (and is owed) that can pay for surgeries, rehabilitation services, therapy, medication, crutches, wheelchairs, and medical devices.

In many instances, an injured pedestrian will require the help of an experienced Portland, Oregon car accident lawyer to investigate the crash evidence, work with accident reconstruction experts, interview witnesses, and consult with medical professionals who know how to evaluate the extent of the injuries and the amount needed to recover.

It is important that you contact an experienced Portland, Oregon injury lawyer right away so that you can explore your legal options and get the process going. Although the statute of limitations for filing a pedestrian accident lawsuit in Oregon is two years from the date of the incident, there a lot that must be done to get the process going and determine whether an Oregon injury settlement is the best option for your case.

Oregon crash defendant tries to make amends, Associated Press/Google, September 11, 2009

Blind pedestrian struck by vehicle, Columbian.com, February 10, 2009

Related Web Resources:
Car Accidents with Pedestrians, Nolo

Pedestrian Safety Program, Oregon.gov

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Motor Vehicle Accidents , Pedestrian Accidents

Bookmark:

A dump truck accident on Oregon 18 has claimed the life of a 16-year-old Yamhill girl, while seriously injuring her father. Now, Heather Ann Snyder’s family is left to deal with her loss, as well as with the challenges of helping her father, Frank D. Snyder, recover from his injuries while facing a life without his daughter.

On August 25, the two of them were crossing the Intersection of Lafayette Highway and Highway 18 in their Toyota Camry—the teenager was driving—when the vehicle was struck by a dump truck that was pulling a dump trailer carrying a full load.

The driver of the dump truck was 65-year-old Sheridan resident Roger Dean Wise. Wise reportedly tried to prevent the Oregon truck accident from happening by braking hard and steering left. Unfortunately, his large truck struck the driver side of the Camry.

Heather Ann was pronounced dead at the crash site. Her 47-year-old father had to be flown to Oregon Health Sciences University. Wise was not injured in the Yamhill, Oregon truck collision.

2008 Oregon Truck Facts (Oregon.gov)
• 1,261 truck accidents
• The truck was at-fault in 688 of these collisions
• 633 truck crashes can be attributed to the truck driver
• 35 truck crashes were caused by mechanical challenges
• 498 Oregon truck accident deaths

The sooner you report your Oregon truck accident, the faster your Portland, Oregon truck crash lawyer can send someone to examine the collision evidence as soon as possible. Truck logs will need to be obtained, and your injuries will have to be evaluated to determine the likely cost of recovery.

Most trucking firms are equipped to combat personal injury and wrongful death lawsuits brought by Oregon truck accident plaintiffs. This is why you need someone working for you who will protect your right to financial recovery.

Teen dies in Yamhill County accident, KGW, August 26, 2009

Truck-at-fault crashes decline in 2008, Oregon.gov

Continue reading "Yamhill County Truck Accident on Oregon 18 Claims Live of Teenager and Seriously Injures Her Father " »

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Motor Vehicle Accidents , Truck Accidents

Bookmark:

With the new school year beginning to get under way, it is important that motorists remember to watch out for child bicyclists as well as young pedestrians. Injuries sustained by a person during any motor vehicle crash can be serious. They can be especially detrimental to a young boy or girl who is completely unprotected, except for his or her protective gear, from the impact of colliding with a car, a truck, a van, an SUV, or a bus. Unfortunately, Portland, Oregon bicycle accidents resulting in injuries children do happen—especially during the school year.

Per a study by researchers at the Center for Injury Research and Policy at Nationwide Children's Hospital, bicycle-related injuries involving children and adolescents in the United States are greater public health concern than previously thought:

Per the study’s findings:

• Over 50% of the 85 million US bicycle riders are minors.
• Some $200 million in hospital inpatient charges a year are a result of bicycle injuries involving people younger than age 20.
• Bicycle riding is also the child recreational sport that results in the largest number of emergency room visits.
• Some 10,700 kids are hospitalized each year for an average of three days because of their bicycle-related injuries.
• Motor vehicles are a factor in about 30% of bicycle-related hospital stays.
• 1/3 of kids with a bicycle injury serious enough to require hospitalization had sustained a traumatic brain injury.

The study was published in Injury Prevention’s October 2007 issue.

If your child is going to ride a bicycle, it is important that you teach him or her the proper safety precautions to avoid getting involved in an Oregon bicycle accident. Safety measures include:

• Using a helmet.
• Wearing clothing that is close fitting and allows for easy visibility.
• Knowing the traffic laws.
• Staying on the right side of the road even as you flow with traffic.
• Watching the vehicles around you.
• Paying attention.
• Signaling when making turns.
• Making sure that the bike is properly maintained.

In many cases, a bicyclist will get involved in a collision with a motor vehicle because a motorist or another party was negligent. This can cause catastrophic injuries to the minor or adult bicyclist.

Continue reading "Prevent Portland, Oregon Bicycle Accidents This School Year By Watching Out for Child Bicyclists" »

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Bicycle Accidents , Injuries to Minors , Motor Vehicle Accidents

Bookmark:

Jury selection is scheduled to begin today in the Portland, Oregon truck accident lawsuit against C.R. England and truck driver Jesus Nieves Olivares. The trucker was transporting a trailer loaded with bananas in late 2005 when he ran a red light and struck the Ford Escort Station wagon driven by Marjorie Dunn.

The 85-year-old woman sustained serious injuries from the accident and Dunn would go on to sue Nieves Olivares and the trucking company for Portland, Oregon personal injury. Following Dunn's death from cancer, her daughter, Andrea Lister, pursued the truck accident case against the defendants. The complaint accuses the defendants of gross negligence.

C.R. England Inc. considers itself the biggest refrigerated trucking company in the US. Lister says C.R. England ignored Nieves Olivares's inexperience as a truck driver, his criminal record (for murder), and his history of drug use. She also contends after determining that Nieves Olivare met the minimum hiring requirements, the trucking company hired him, provided him with just a few weeks training, and then put him to work.

Nieves Olivares, who is from Puerto Rico, was having a hard time understanding the traffic signs that he encountered. He also did not fully understand what was conveyed to him during the 3-week training that he underwent before he started driving professionally.

During the first 27 days on the job as a truck driver, Olivares received multiple tickets for traffic violations and considered quitting. On November 7, 2005, he reportedly sent text messages to dispatchers telling them that he wanted to quit. 15 hours later, he sent another message to handlers to let them know that he didn’t know how to install snow chains onto his truck. He was told to ask someone to help him. The following day, a handler sent Nieves Olivares a message apologizing but also noting that the trailer that the trucker was hauling needed to get to its destination.

It was later that day that Nieves Olivares hit Dunn’s vehicle. Following the Portland, Oregon trucking collision, Dunn, who sustained serious injuries, including a fractured cervical spine, was in pain and suffered from depression until her death 19 months later.

In the last two years, CR England truckers have been involved in 13 deadly truck crashes. Yet government regulators rate the company as satisfactory.

Trucking Companies must be held liable whenever their negligence or carelessness results in Oregon personal injury or wrongful death. 18-wheeler trucks, tractor-trailers, big rigs, and other large trucks are a force to be reckoned with on Oregon roads, and it is important that trucking companies and truckers exercise all the safety precautions necessary so that others don't get hurt.

Civil suit starts against C.R. England, The Trucker.com, August 24, 2009

Oregon lawsuit puts big trucking into spotlight, Oregon Live, August 24, 2009

Related Web Resources:
Federal Motor Carrier Safety Administration

C.R. England

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Motor Vehicle Accidents , Truck Accidents

Bookmark:

The US Transportation Department is reporting an increase in the number of women arrested for drunk driving. Although there are still more males arrested for drunk driving than women—626,371 men were arrested for DUI in 2007 and only 162,493 women—from 1998 to 2007, there was a 28.8% jump in the number of female drunk driver arrests and a 7.5% drop in the number of men arrested for DUI.

US Transportation Secretary Ray LaHood says he is surprised at the rise in DUIs involving women. Mothers Against Drunk Driving (MADD) President Laura Dean Moody says that although the reason is unclear why more women are being arrested for drunk driving now than 10 years ago, she believes that it may be because females are facing greater pressures these days, such as having to be the breadwinner while their husbands are unemployed. Moody also noted that there are television programs that portray stay-at-home moms who drink as cool.

The NHTSA also is providing a breakdown of how many women and men were arrested for DUI over the last two years while they were involved in deadly Oregon traffic accidents.

• In 2007, 25 of the 144 women arrested for their involvement in a fatal Oregon motor vehicle crash had d BAC’s over .08.
• 22 of the 141 women arrested in 2008 had BAC’s that were above the legal drinking and driving limit.

• Of of the 434 men arrested for their alleged in involvement in a 2007 Oregon auto accident, 108 of them had BAC’s over .08.
• 94 of the 372 men arrested in 2008 had BAC’s above the legal drinking and driving limit.

Across the nation, the number of impaired female drivers who were involved in fatal auto accidents went up in 10 US states. About 2,000 traffic deaths each year involve women who were driving drunk.

In an effort to stop people from driving while impaired, police throughout the US will increase their efforts to arrest anyone caught driving drunk beginning Friday until the end of Labor Day . Last year, 40% of deadly US traffic accidents that occurred over this long weekend involved drunk drivers. Nationally in 2008, almost 12,000 people were killed in DUI crashes last year.

According to statistics, some two million drivers who already have multiple DUI convictions are expected to drive over the Labor Day weekend. These numbers don’t even take into account other motorists who may not have prior DUI convictions but may drink too much at a party or while spending time with family and friends and decide to get behind the wheel of a car while drunk. Portland, Oregon, Injury Attorney Matt Kaplan would like to discuss your car accident case with you.

Transportation Secretary Ray LaHood Kicks Off Nationwide Enforcement Crackdown on Impaired Driving, NHTSA, August 19, 2009

2009 Impaired Driving National Enforcement Crackdown August 21 - September 7, 2009, NHTSA

Related Web Resources:
Alcohol-Impaired Drivers Involved in Fatal Crashes by, by Gender and State, 2007 - 2008 (PDF)

MADD

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: 15-Passenger Van Accidents , 15-Passenger Van Accidents , Car Accidents , Car Accidents , Motor Vehicle Accidents , Personal Injury , Personal Injury

Bookmark:

The Oregon Department of Transportation says that there were more bicycle deaths that occurred in the city of Bend last year than in any other city in the state. Of the 7 Oregon bicycle fatalities that happened, 2 of them occurred in this Deschutes County city. Bend, however, did not hold the record as the city with the most number of bicycle accident-related injuries for the year. The city was number five with its rate of crashes per capita, while Corvallis, Eugene, and Portland, Oregon were ranked number one, two, and three.

Between 2006 and 2008, there were reportedly 65 Bend, Oregon bicycle accidents resulting injuries. 40 of these bicycle accidents involved drivers or bicyclists who did not yield the right of way. Approximately half a dozen bicycle accidents involved one party failing to stop when there was a flashing red light or a stop sign. Speeding, distracted driving, and following closely were among the other common causes of Bend, Oregon bicycle accidents.

The number of Bend injury crashes went up from 16 auto crashes in 2007 to 23 motor vehicle accidents last year. In 2009, there have already been more than a dozen Bend bicycle accidents. Just last month, James Gardner died when his gas powered bicycle was involved in an Oregon traffic crash with a motorcycle. The 54-year-old bicyclist was not wearing a helmet.

With so many people riding bicycles in Oregon, it is important for drivers and bicyclists to make sure they remember that they share the roads with one another. Injuries sustained during an Oregon bicycle accident can be extremely serious. Obtaining personal injury recovery from a negligent party can be one way to compensate you for your pain and suffering, while provide you with the financial resources to cover your medical expenses and associated losses.

Bicycle fatalities: Bend leads Ore. cities, KATU, August 12, 2009

Bicycle Accident in Bend Claims A Life, KOHD, July 14, 2009

Related Web Resources:
Oregon Department of Transportation

Bend, Oregon

Continue reading "Oregon Department of Transportation Says Bend is City with the Most Bicycle Accident Deaths" »

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Bicycle Accidents , Motor Vehicle Accidents

Bookmark:

The Virginia Tech Transportation Institute has issued new findings reporting that truckers who text message while driving their trucks increase their chances of getting involved in a truck crash or a near-truck accident by 23 times. The study also notes that while car drivers place themselves most at risk when dialing cellular phones while driving, a cell phone dialing truck driver is 5.9 times as likely to get into a truck crash—compared to a car driver, who is 2.8 times more likely to get involved in a car accident while dialing a phone.

Even just reaching for an electronic device increases the traffic accident risks for both truck drivers and car drivers. The trucker’s chances of crashing becomes 6.7 times greater, compared to a car driver, whose chances increase by 1.4 times.

The study used research conducted between 2004 to 2007. According to Rich Hanowski, the transportation institute’s Center for Truck and Bus Safety director, the greatest risk that text messaging poses for truckers and other drivers is that the motorists are looking at their phones or electronic devices and not the roads.

Hanowski says that studies show that drivers have been known to spend nearly five seconds with their eyes off the road when checking their phones or electronic devices—and while this amount of time may not sound very long, it is enough time for a catastrophic accident to happen. Just think, in 4.6 seconds a vehicle traveling at 55mph while have traveled an entire football field’s length—imagine how many vehicles the driver may fail to see while checking a text message.

Some 200 truck drivers from seven trucking fleets took part in two studies. One study was conducted in 2004. The second one was concluded in 2007. Most of the texting data came from the second study. 21 crashes and 197 near accidents occurred. Software was used to identify these incidents. Software identified 37 near collisions that occurred while the truck drivers were texting.

Truck drivers cannot afford to text message or talk on a cell phone while driving. If you were injured in an Oregon truck crash because the trucker was distracted, you need to speak with a Portland, Oregon personal injury lawyer as soon as possible.

How the Driving Tests Were Conducted, New York Times, July 27, 2009

More Details About the Findings (PDF)

Related Web Resources:
Virginia Tech Transportation Institute

Center for Truck and Bus Safety

Continue reading "Truckers Who Text Message Have a 23 Times Greater Chance of Being Involved in a Portland, Oregon Truck Accident " »

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Car Accidents , Motor Vehicle Accidents , Truck Accidents

Bookmark:

The hope that using hands-free cell phones while driving is safer than talking on a hand-held phone while operating a motor vehicle went out the window after news surfaced that the National Highway Traffic Safety Administration withheld research as far back as 2003 showing that use of any kind of cell phone when driving is dangerous. Researchers even went so far as to draft a letter expressing concern that laws banning hand-held cell phones would not be enough to eliminate the safety risk.

Just talking on the phone is a form of distracted driving—it doesn’t matter whether you are holding the phone or using a headset. Talking on a cell phone slows a motorist’s reaction time and takes his or her attention off the road and away from driving and can cause a motor vehicle crash.

Apparently, NHTSA researchers knew as far back as 2002 that cell phone use while driving caused 240,000 traffic accidents and almost 1,000 motor vehicle deaths that year. Yet a former NHTSA head says he was encouraged to hold back the information so as not to anger Congress. The agency was warned to focus on gathering facts, rather than lobbying states to come up with tougher driving laws regarding wireless devices.

If only this information was made available to the public back then, talking on the phone and text messaging while driving may not have become unsafe driving habits that have grown to such epidemic proportion that some states have passed laws restricting cell phone use while driving. Now, even though motorists finally know how dangerous talking on a cell phone and texting while driving can be, many of them are finding it hard to stop.

How many lives could have been saved if this information had come to the surface six years ago? The traffic accident toll from cell phone use—currently about 2,600 fatalities, 636,000 traffic accidents, and 330,000 a year—has almost doubled in less than a decade. Even now, not all US states have laws banning hand-held cell phones. In Oregon, HB2377 was recently passed by legislators seeking to ban hand-held phones while driving. Hands-free cell phones, however, would still be allowed.

Each day, in many US states, hundreds of thousands of drivers continue to talk on hands-free cell phones while driving because they think that they are actually practicing safe driving habits. Meantime, one study from University of Utah psychologists equates cell phone use while driving to drunk driving.

Talking on any kind of cell phone while driving is considered a form of distracted driving that can cause Portland, Oregon car crashes, truck accidents, bus collisions, and pedestrian injuries.

Withheld research confirms driving danger of cell phone use, DelawareOnline.com, July 24, 2009

NY Times: Federal agency withheld warnings about distracted driving risks, Bikeportland.org, July 21, 2009

Related Web Resources:
US Wireless Communication Devices While Driving, NY Times, July 2003

Drivers on Cell Phones are as Bad as Drunks, University of Utah

Continue reading "NHTSA Held Back Information for Years that Using Any Kind of Cell Phone While Driving Can Cause Oregon Car Accidents" »

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: 15-Passenger Van Accidents , Bus Accidents , Car Accidents , Motor Vehicle Accidents , Pedestrian Accidents , Truck Accidents

Bookmark:

The National Highway Traffic Safety Administration is reporting that there were 416 Oregon traffic deaths. This fatality figure is slightly lower than the 455 Oregon traffic deaths that occurred in 2007.

More 2008 Oregon Traffic Facts:
• 290 passenger vehicle occupant deaths
• 91 of the victims were unrestrained
• Alcohol was a factor in 136 traffic deaths
• 128 speeding-related deaths
• 48 Oregon motorcycle deaths
• 51 Oregon pedestrian deaths

Nationally, there was also a decline in US traffic fatalities, with 37,261 deaths last year compared to 41,259 traffic deaths that occurred in 2007.

More 2008 US Traffic Accident Facts:
• 11,733 drunk driver-related deaths
• 716 pedalcyclist deaths
• 4,378 pedestrian fatalities
• 5,290 motorcycle deaths
• 677 large truck fatalities
• 25,351 passenger vehicle deaths
• 2,346 traffic injuries
• 2,072,000 people injured in passenger vehicles
• 23,000 large truck deaths
• 96,000 motorcycle injuries
• 69,000 pedestrian injuries
• 52,000 pedalcyclist injuries (compared to 43,000 injuries the year before)

While there was a decline most kinds of traffic fatalities between 2008 and 2007, there was an increase in motorcycle fatalities—from 5,174 deaths in 2007—and pedalcyclist fatalities—from 701 deaths.

Common causes of 2008 Oregon motor vehicle crashes included:
• Drunk driving
• Drowsy driving
• Speeding
• Cell phone use
• Text messaging
• Driver inexperience
• Poor road conditions
• Defective autos

While the overall declines in Oregon and US traffic deaths are positive, there is always more that can be done to decrease the number of injuries and deaths that occur in the state and throughout the United States. One way to decrease the number of Oregon car crashes is for drivers and truckers and motorcyclists to drive responsibly and refrain from negligent conduct. Motorist negligence can be grounds for a Portland, Oregon personal injury claim.

U.S. Transportation Secretary Ray LaHood: Overall Traffic Fatalities Reach Record Low, NHTSA, July 2, 2009

2008 Traffic Safety Annual Assessment - Highlights, June 2009 (PDF)

Related Web Resources:
State Traffic Safety Information for Year 2008

Early Estimate of Motor Vehicle Traffic Fatalities for the First Quarter of 2009, June 2009 (PDF)

Continue reading "416 Oregon Traffic Deaths in 2008, Says NHTSA" »

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Bicycle Accidents , Car Accidents , Motor Vehicle Accidents , Motorcycle Accidents , Pedestrian Accidents , Products Liability , Truck Accidents

Bookmark:

A Portland bicyclist and the insurance company of the driver that struck him have reached a $100,000 Oregon bicycle accident settlement for injuries and costs. Bicyclist Ben Ramsdell was injured almost two years ago when he was hit by motorist Johnny Eschweiler, 49, after the two of them engaged in a verbal exchange of words.

Witnesses say they saw the motorist deliberately hit Ramsdell and Timothy Mastne, another bicyclist, in August 2007. Ramsdell had to get 30 stitches on his face. He also broke his finger and his nose. Mastne sustained bruises and cuts.

In April, Multnomah County Circuit Court Judge Michael McShane ruled that Eschweiler was guilty of assault but insane. When he was 19, he used a fork to stab a coworker in the face. Surgeons had to take out part of his brain when he was 23.

Eschweiler was not ordered to serve jail time for causing the Portland, Oregon bicycle accident, but he was committed to house arrest for 15 years and state psychiatrists are closely monitoring him. The state of Oregon has permanently taken away his driver’s license.

Because the Oregon bicycle accident was considered “intentional” and not “accidental,” Farmer’s was initially absolved of making a payout. However, the insanity ruling raised the question of whether the motorist even knew that hitting bicyclists was his car was intentional or accidental.

The $100,000 is the maximum that the insurance company's motorist policy allows.

Bicycle Accident Injuries
It is rare for a motor vehicle driver to intentionally run down an Oregon bicyclist. Most bicycle accidents that are caused by motorists are accidental. The driver never meant to seriously injure or kill the victim.

Regardless of whether or not a motorist meant to intentionally hurt or kill a bicyclist, however, any negligence on the driver’s part can be grounds for an Oregon bicycle accident claim or lawsuit.

Bicyclists are at a disadvantage anytime they are injured in a collision with a car, a truck, a motorcycle, an SUV, a van, a bus, or a train. The impact of the bicycle-vehicle crash alone can prove fatal.

Bicyclist hit by insane driver reaches settlement, KGW, June 17, 2009

Rage victim says he’s taking it “day by day," BikePortland, August 18, 2007

Related Web Resources:
Bicycle and Pedestrian Program

Bicycle Safe

Continue reading "Portland, Oregon Bicyclist and Insurer of Driver Settle Bicycle Accident Case for $100,000" »

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Bicycle Accidents , Motor Vehicle Accidents

Bookmark:

Near Corvallis Highway 34, rescuers had to use the Jaws of Life on Monday to extricate the victims of an Oregon car accident. Two people were transported to the hospital for treatment of their injuries.

According to Oregon State Police, a 1999 Toyota Corolla was headed eastbound on Highway 34 when the vehicle crossed the center turn lane, sideswiped a guardrail, and drove head-on into a 1990 Ford Bronco II. The driver of the Toyota, Portland resident Matthew Alexander, and the driver of the Ford, Lebanon resident Janet Smallman, were taken to Corvallis Hospital.

While Alexander, 25, was treated for minor injuries and later released, Smallman was seriously injured. Alexander received citations for reckless endangerment, reckless driving, third-degree assault, driving while suspended, and second-degree criminal mischief. Police think Alexander was fatigued at the time of the Oregon motor vehicle collision.

The Dangers of Drowsy Driving
According to the National Highway Traffic Safety Administration, some 100,000 police-reported auto accidents a year are caused by driver fatigue. Drowsy driving accidents cause about 71,000 injuries and 1,500 fatalities each year. Many experts, however, believe that these figures do not convey the full scope of this problem.

A drowsy driver is not as alert as a driver that is wide awake, and his or her senses, reflexes, and ability to react to emergencies in a timely manner may be impaired. Certain studies indicate that people that haven’t slept for 24 hours have cognitive-psychomotor abilities that are as impaired as that of someone with a blood alcohol content of 0.10%. The legal driving limit in the US is a BAC of .08%.

A driver that is tired or sleepy may even fall asleep at the wheel, which could cause his or her vehicle to become involved in a head-on crash with another car, a wall, or a tree. This can be especially catastrophic if the driver falls asleep while operating a car or large truck at full speed.

Police: Sleepy driver causes head-on crash, KVAL.com, June 22, 2009

Two Injured in Head-On Crash Near Corvallis, Salem-News, June 22, 2009

Drowsy Driving, AAA

Related Web Resources:
NHTSA

National Safety Council

Continue reading "Oregon State Police Say Drowsy Driver May Have Caused Head-On Oregon Car Crash on Highway 34 that Injured Two People " »

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Car Accidents , Motor Vehicle Accidents

Bookmark:

We all know that it’s dangerous to drive drunk. But do you know that it can also be dangerous to drive the day after when you’re suffering from a hangover?

The National Safety Commission recently published an alert discussing the effects that a hangover can have on a person’s driving ability. The findings come from a study by Brunel University in England. When test subjects that were sober and those with hangovers were monitored while using driving simulators to drive a five-mile course:

• Drivers that were hungover drove an average of 10mph faster than sober drivers.
• Sober drivers tended to drive about 32.6 mph, while hungover drivers drove at a speed of about 41.7 mph.
• While sober drivers had a tendency to drive above the speed limit just 6.3% of the time, hungover drivers did so about 26% of the time.
• Hungover drivers drove outside their lanes four times more than sober drivers did.
• Hungover drivers had two times as many traffic violations, including those involving red light running.

Once a person’s BAC drops to zero, a hangover can go last anywhere from 8 to 24 hours. Hangovers can cause headaches, lethargy, lightheadedness, a decrease in attention and concentration, fatigue, sleep deprivation, stomach irritation, and sensitivity to light.

With these side effects, it is obvious that hungover drivers are often not the most attentive drivers, which could make them more prone to getting involved in or causing a deadly Oregon car accident.

While “Don’t drink and drive” is advice that we’ve heard often, motorists that are hungover may want to think twice before getting behind the steering wheel of a car the morning after a night spent drinking too much. In addition to possibly getting involved in or causing a Portland, Oregon car crash, the hungover driver risks hurting pedestrians and other motorists.

The Hazards of Driving with a Hangover, The National Safety Commission, June 5, 2009

A Few Too Many?, The New Yorker, May 26, 2009

Related Web Resources:
Drowsy & Distracted Driving, NHTSA

Distracted Driving, NSC.org

Continue reading "Portland, Oregon Car Accidents: Why Driving with a Hangover Can Be Dangerous" »

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Car Accidents , Motor Vehicle Accidents

Bookmark:

An Oregon landscaper is suing University of Oregon President Dave Frohnmayer for personal injury. Loretta Jane Brubaker says she sustained serious injuries when she was planting flowers on Frohnmayer’s property and was hit by a motor vehicle rolling down the driveway. There was no one in the BMW convertible that struck her at the time of the accident. Mira Frohnmayer and Marcia Baldin are the owners of the car.

Brubaker says that the Oregon car accident caused her to sustain a concussion, blunt head trauma, a cervical sprain, and other injuries that have affected her ability to work and take part in daily activities. She is seeking $61,000 for medical costs, lost wages, and non-economic damages.

Her Oregon personal injury lawsuit, filed in Lane County Circuit Court, accuses the car owners of negligence because they neglected to turn the front wheels of the car so that the tires were facing the curb and did not activate the parking brake on the sloping driveway. Brubaker accuses Dave Frohnmayer of negligence for failing to warn the other defendants that they needed to make sure that the parking brake in their car was engaged.

Oregon Personal Injury
If you were hurt because of another party’s negligent actions, you may be able to file an Oregon personal injury claim. Oregon follows a system of modified comparative negligence. This means that you are found to be at least 51% responsible for causing your injury accident, you won’t be able to recover from the liable parties. This is why it is so important that you don’t try to pursue recovery from the liable parties without the help of an experienced Oregon personal injury lawyer that can fight for your right to receive compensation. With the state's statute of limitations, you have two years from the date of injury to file your Portland, Oregon personal injury lawsuit.

Frohnmayer sued over injury incident in driveway, The Register Guard, June 4, 2009

Related Web Resources:
Car Accidents Overview, Justia

Proving Fault in Accidents on Dangerous or Defective Property, Nolo

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Car Accidents , Motor Vehicle Accidents , Pedestrian Accidents , Premises Liability

Bookmark:

While the number of 15-passenger van deaths has gone down since 2001, the number of 15-passenger van occupant deaths did increase by almost 205 between 2006 and 2007. 45 of the 2007 15-passenger van fatalities occurred in rollover accidents—73% more than from the year before.

According to statistics, 31% of deadly 15-passenger van rollover accidents occur during the summer travel season, with June – August considered the deadliest period for 15-passsenger van riders.

More NHTSA 15-Passenger Van Accident Facts:

• A van that is fully loaded with passengers and luggage has a greater chance of becoming involved in a rollover accident.
• More than half of the 15-passenger van occupants that have died were not using seat belts.
• Other common causes of 15-passenger van accidents include driver inexperience and poor tire condition.

CBS reported in 2004 that there are approximately 500,000 15-passenger vans on US roads, with millions of people riding them to and from the airport, school and church activities, and on trips involving large groups.

One reason 15-passenger vans are a high-risk vehicle for becoming involved in a rollover crash is the way the vehicle is designed. Most 15-passenger van models have an extended back, which means that its backside tends to get very heavy when the vehicle is fully loaded. 15-passenger vans also are made with a high gravity center, which means the more weight riding in the car, the more top heavy the vehicle.

While there is nothing that 15-passenger van occupants can do about the way the vehicle is designed, there are steps that the van driver can take to prevent 15-passenger van accidents from happening:

• Don’t drive unless you have the experience to properly operate and control a 15-passenger van.
• Don’t text message or talk on the cell phone or engage in any other form of distracted driving while operating a 15-passenger van.
• Make sure that all of the van passengers are wearing safety belts.
• Make sure the tires are properly inflated and they show no signs of extreme wear or aging.

Consumer Advisory: Federal Government Restates Rollover Warning for 15-Passenger Vans Users, NHTSA, May 20, 2009

Nation’s Top Vehicle Safety Official Urges 15-Passenger Van Users to Drive with Caution this Summer, NHTSA, May 12, 2009

Related Web Resources:
Safercar.gov

Fatalities to Occupants of 15-Passenger Vans, 1997-2006, NHTSA, May 2008 (PDF)

Continue reading "Oregon Car Accidents: NHTSA Warns Against 15-Passenger Van Accidents " »

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Motor Vehicle Accidents

Bookmark:

The month of May is Motorcycle Safety Awareness month. Throughout the US, federal, state, and local law enforcement and safety officials are banning together to remind the drivers of cars, trucks, and buses that they share the road with motorcyclists so that they can take precautions to prevent motorcycle accidents from happening.

Staying aware that there are motorcycles on the road is especially important during this time of year. As spring turns to summer and the weather gets warmer, more riders will be donning their helmets as they get on roads and highways in Portland, the rest of Oregon, and elsewhere in the United States. 51 motorcycle riders died in Oregon in 2007, which is a definite increase from the 44 Oregon motorcycle deaths in 2006 and the state's 48 motorcycle fatalities in 2005.

There’s no getting around the fact that not having a vehicle around their bodies to protect them when they are on the road places motorcycle riders at high risk of sustaining catastrophic injuries any time they are in an Oregon traffic crash.

Late last month, a motorcycle rider’s leg was severed in an Oregon traffic accident with a motor vehicle that occurred near Fair Oaks. The driver of the Toyota involved in the auto crash was later arrested and charged with hit and run, driving while suspended, and reckless driving.

To mark Motorcycle Safety Awareness Month, the Oregon Department of Transportation and Governor Ted Kulongoski are offering motorists a number of suggestions for how they can help keep motorcyclists safe on Oregon roads, including:

• Check your mirrors and blind spots when leaving or entering a lane or an intersection to see whether there are motorcycles in the vicinity.

• Don’t try to share a lane while riding next to a motorcycle.

• Remember to signal any time you merge into traffic or switch lanes.

• Make sure that you allow 3 to 4 seconds more following distance when you are riding behind a motorcycle so that the rider has space to move or stop during an emergency.

• Never tailgate a motorcycle.

The National Highway Traffic Safety Administration, the Oregon Department of Transportation, and other federal, state, and local safety and transportation agencies want people to remember to share the road safely not just with motorcyclists but with the drivers of other motor vehicles as well as pedestrians.

Personal injuries and wrongful deaths can result when negligent driving leads to Portland, Oregon, motorcycle accidents.

Governor proclaims Motorcycle Safety Month, Oregon.gov, April 29, 2009

Hit-and-run crash severs man's leg, NRToday.com, April 27, 2009

Related Web Resources:
Motorcycle Safety Awareness, NHTSA

Motorcycle Safety Foundation

Continue reading "Promoting Portland, Oregon Motorcycle Accident Prevention During Safety Awareness Month" »

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Motor Vehicle Accidents , Motorcycle Accidents

Bookmark:

According to AAA, the drop in gas prices is expected to inspire about 32.4 million Americans to travel by motor vehicle over the Memorial Day weekend. That’s a 1.5% increase in travel over the holiday weekend. Compare that to the 9.6% drop in road travel over the 2007 Memorial Day weekend when gasoline prices rose had risen to almost $4/gallon. Retail gas prices are currently averaging about $2.25/gallon.

101 Deadly Days on the Road
In 2004, Drive for Life, a public purpose initiative, said that poll findings caused it to declare the 101 days between Memorial Day weekend and Labor Day weekend as the 101 days when Americans are most at risk of becoming involved in a US auto accident because so many adults and children—particularly with the summer holidays coming—tend to travel by motor vehicle.

Among Statistics Cited by Drive for Life:
• Americans have been known to travel over 1 trillion miles over the 101 days. (2001, Bureau of Transportation)

• This figure is 10.5 million more miles a month each of the other months that make up the rest of the year. (2001, Bureau of Transportation).

• More people are killed in US auto accidents during the summer months than the other times of the year. Children and teens that would normally be at school are especially susceptible to fatal injuries from a motor vehicle crash. (NHTSA)

Common Causes of US auto accidents during the 101 Deadly Days:
• Drunk driving
• Improper use of safety belts and child safety seats
• Driver fatigue
• Speeding
• Inadequate auto maintenance
• Distracted driving

AAA says 83% of Memorial Day travelers are expected to ride in motor vehicles on US highways, while another 10% are likely to travel by bus, train, or another mode of transportation. The remaining 7% of holiday travelers are expected to fly by plane.

As a Portland, Oregon car accident victim, there are steps you can take to make sure that you are fully compensated for any injuries you sustained that were caused by another driver’s negligent behavior.

More Americans expected to travel for Memorial Day, AAA says, Palm Beach post, May 12, 2009

The 101 Deadliest Days on the Road and How to Survive Them

Related Web Resources:
Tips for Memorial Day road tripping, ConsumerReports.org

Memorial Day Weekend, Summer Travelers Can Cut Gasoline Costs in Tough Economy with Drive $marter Challenge Interactive Website, Money-Saving Tips, Resources, Alliance to Save Energy/PR Newswire

Continue reading "Drive Carefully to Prevent Portland, Oregon Car Accidents This Memorial Day Weekend—About 32.4 Million Americans Expected on US Roads" »

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Car Accidents , Motor Vehicle Accidents

Bookmark:

The US Department of Transportation is developing a new consumer program that will involve car manufacturers recommending specific child safety seats for each of their cars. Not every child car seat is necessarily the right fit for a specific car—even if the seat is highly rated or reviewed as one of the best or most expensive products in the market. A variety of recommendations will be made to meet different parents’ budgets that can hopefully help them pick the safest seats for their kids.

The US DOT also is ordering the National Highway Traffic Safety Administration to develop a new child safety seat standard for side impact safety. 1/3rd of all highway fatalities involving children younger than age 13 occur during side impact auto collisions.

While the current standard requiring child seats to withstand forces stronger than 99.5% of real collisions is good, US Transportation Secretary Ray LaHood believes that more can be done to improve child safety during auto accidents. He also noted that in order for a properly working child safety seat to do its job, parents and other adults must make sure that kids use them. According to statistics, 50% of kids under 8 years of age that died in auto accidents were not using child safety seats.

That said, it is the job of child safety seat manufacturers to make sure that their seats are free from defects. Parents and guardians rely on child safety seats to keep their kids and babies safe during auto collisions. While a properly working child safety seat can save lives, a defective seat can prove catastrophic.

Examples of defects that can render a child safety seat ineffective:

• Improper padding on the seat
• Defective seat buckle that can unlock at the wrong time, failing to properly secure the child in the seat
• Defective child seat clip
• Improperly designed harness
• Insufficient or hard to understand installation instructions

There is nothing more devastating for a parent than for his or her child to get hurt. If your son or daughter sustained serious or fatal injuries in a Portland, Oregon car accident that were partially caused by a defective child car seat, you may be entitled to recover Oregon personal injury or wrongful death compensation.

U.S. DOT Announces New Consumer Program for Child Safety Seats, NHTSA, April 24, 2009

Related Web Resources:
Consumer Product Safety Commission

Child Passenger Safety, NHTSA

Car Safety Seats: A Guide for Families 2009, American Academy of Pediatrics

Continue reading "Portland, Oregon Child Injury Attorney: New Child Safety Seat Consumer Program is Designed to Help Parents Pick Product that Best Fits Their Cars" »

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Car Accidents , Injuries to Minors , Motor Vehicle Accidents

Bookmark:

A number of recent, unrelated Oregon motor vehicle accidents have resulted in catastrophic injuries and deaths. On Sunday, a 62-year-old Roseburg motorcyclist’s leg became severed below the knee when he became involved in a hit and run accident near Fair Oaks.

On Monday, police arrested Oakland resident Billy Whitehead for felony hit and run, driving while suspended, and reckless driving. Motorcyclist John R. Granholm sustained his catastrophic injuries when his motorcycle and Whitehead’s Toyota Corolla collided. Granholm flew off his bike, crashed into the car windshield, and landed on the pavement. As of yesterday morning, Granholm, who was admitted to Oregon Health & Science University Hospital in Portland, was listed in critical condition.

Near Sandy, an Eagle Creek mother and daughter were killed on Saturday in a motor vehicle collision on Highway 26. Oregon State Police say 42-year-old Pamela Benson and 11-year-old Clarice Marie Benson were pronounced dead at the Oregon crash site.

Preliminary evidence indicates that Benson’s Toyota Corolla was struck on the driver’s side by a 1987 Toyota R Runner. Boring and Sandy fire department workers had to extricate the SUV driver, 18-year-old Estacada resident Daniel Ingle, from his vehicle.

Last week, a 40-year-old Grants Pass man died on Monday after he was hit by at least one motor vehicle on Interstate 5 close to Merlin. Police are investigating the Oregon pedestrian death.

If you were involved in an Oregon traffic accident with an insured motorist, an injured driver, a drunk driver, a hit and run driver, a distracted driver who was talking on his cell phone or text messaging, or any other kind of negligent driver, you should contact an experienced Portland car accident attorney today. Having an Oregon personal injury law firm that is on your side can make a huge difference in terms of how much financially recovery you can obtain from all liable parties.

Hit-and-run deaths near Merlin spur OSP probe, Mail Tribune, April 28, 2009

Hit-and-run crash severs man's leg, NRToday.com, April 27, 2009

Identities released in Sandy double-fatal accident, Oregon Live, April 26, 2009

Related Web Resources:
Oregon Department of Transportation

National Highway Traffic Safety Administration

Continue reading "Recent Oregon Motor Vehicle Accidents Result in Serious Injuries and Deaths" »

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Car Accidents , Motor Vehicle Accidents , Motorcycle Accidents , Pedestrian Accidents

Bookmark:

The Oregon Bicycle and Pedestrian Advisory Committee (OBPAC) has written a letter to the Oregon Transportation Commission (OTC) calling on it to push for a ban on cell phone use while driving and increase its efforts to notify the public about the dangers of distracted driving. The OBPAC not only wants the OTC to support the National Safety Council's call that all cell phone while operating a motor vehicle be barred, but it wants details about the hazards of distracted driving to be added to Oregon’s DMV manual.

Oregon doesn’t have any laws regarding adults and cell phone use while operating a motor vehicle. The state, however, does currently ban drivers younger than 18 from text messaging or talking on a cell phone while driving.

Next week, the House Transportation Committee will hear House Bill 2377, which bans the use of “mobile communication devices” when people are driving their motor vehicles. The bill makes talking or texting on a cell phone illegal—albeit only a secondary offense, which means an Oregon police officer has to catch the offender committing another offense first. However, the law doesn’t apply to hands-free devices.

According to a 2006 University of Utah study, people who talk on cell phones while driving exhibit behavior similar to that of motorists who are drunk driving. Among the study’s findings:

• Hands-free and handheld held cell phones impair driving to an equal degree.
• Drivers who talk on cell phones tend to drive slower and step on the brakes slower than drivers who aren’t using cell phones.
• Motorists who talked on cell phones while driving exhibited 24% more variation in following distance and were 19% slower when it came to accelerating back to normal speed after braking than drivers who weren’t talking on cell phones.
• Drunk drivers tended to drive slowly but more aggressively than sober drivers. They were also slower to brake and did so with 23% more force.

If you were injured in an Oregon car accident because another motorist was driving drunk, talking or texting on a cell phone, fell asleep behind the wheel, or was impaired, distracted, or negligent in any other way, you may have grounds for filing an Oregon personal injury lawsuit.

Oregon bike/ped committee urges state to ban cell phones while driving, BikePortland.org, April 17, 2009

Drivers on Cell Phones are as bad as drunks, U News Center, June 29, 2006

Related Web Resources:
Oregon Bicycle & Pedestrian Advisory Committee, Oregon.gov

National Safety Council

Continue reading "Oregon Bicycle and Pedestrian Advisory Committee Wants Oregon Transportation Commission to Support Ban on Cell Phone Use While Driving" »

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Bicycle Accidents , Bus Accidents , Car Accidents , Motor Vehicle Accidents , Motorcycle Accidents , Pedestrian Accidents , Truck Accidents

Bookmark:

The parents of 15-year-old Austin Miller have reached an Oregon wrongful death settlement with TriMet over their son's bicycle accident death. Austin died on February 11, 2008 when he was struck by a bus while riding a bicycle. Under the terms of the agreement, TriMet will pay Michael and Stephanie Miller $200,000 with an additional $175,000 pending adjudication.

TriMet has argued that the Oregon Tort Claims Act caps its liability at $200,000 and that is the maximum they should owe for Austin’s death. Personal injury attorneys for the Millers, however, have pointed out that the state's current tort claims cap is now $400,000.

The Miller family’s Oregon wrongful death complaint accuses a TriMet bus driver of acting negligently when driving into the bike lane where Austin was riding his bicycle. Their wrongful death lawyer has said that the bus driver can be overheard in an audio recording telling TriMet’s dispatch that she thought she gave Austin enough space.

Some Steps Motorists Can Take to Help Prevent Oregon Bicycle Accidents:

• Check sidewalks for bicyclists, especially if you are entering or leaving a driveway or an alley where the road crosses over a sidewalk.

• Give bicyclists 3-5 feet of space when passing a bicyclist.

• Unless you have to, don’t honk too much at a bicyclist when you are approaching them from behind. You could startle the rider and cause him or her to swerve unexpectedly onto the road.

• Avoid driving in bicycle lanes.

• Before opening your car door, make sure that a bicyclist isn’t approaching.

TriMet to pay $200,000 in wrongful death case, Valley Times, April 9, 2009

Mother sues TriMet over teen son's fatal bicycle accident, Oregon Live, June 18, 2008

Related Web Resources:
Oregon Transportation Safety

TriMet: Public Transportation for the Portland, Oregon Metro Area

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Bicycle Accidents , Bus Accidents , Motor Vehicle Accidents , Wrongful Death

Bookmark:

According to the US Department of Transportation’s National Highway Traffic Safety Administration, about 37,313 people died in US traffic accidents last year. This annual estimated death toll is the lowest in 47 years when in 1961, 36,285 died. Last year’s fatality rate was also the lowest ever recorded at 1.28 deaths per 100 million vehicle miles traveled.

The decrease in overall traffic accidents last year was clearly reflected in the Oregon city of Portland, where its Bureau of Transportation is reporting that 20 people died in traffic accidents last year—15 motor vehicle occupants and 5 pedestrians—and there were no bicyclist deaths. In the past, there have only been three other years—in 2000, 2006, and 2007—when the number of Portland traffic crash deaths was below 30.

Total number of traffic deaths in Portland were particularly high in the 1930’s and 1940’s before neighborhood speed limits, traffic signals, and sidewalk extenders existed. Now, the city has over 1,000 speed bumps—boasting more than any US city. It also has red light cameras, photo radar vans, and over 350 miles of designated trails, bike lanes, and boulevards. The NHTSA lists Oregon (at 96.3%) as one of the 16 US states where seat belt use is 90% or more.

According to traffic safety specialist Greg Raisman, the fact that more people are biking and walking makes them more cautious when they do get behind the wheel of a motor vehicle. This is another reason why there were less Portland motor vehicle deaths last year.

Despite these improvements, there are still some areas that are considered dangerous corridors for potentially deadly Portland traffic accidents:

• Burnside Street (beginning from Southeast 20th Avenue to Northwest Cornwall Road)
• Southeast Foster Road (from 52nd to 92nd Avenues)
• 82nd Avenue (stretching from Northeast Columbia Blvd to Southeast Clatsop Street)
• North Lombard Street (from Williams Ave to the St. Johns Bridge)
• Southeast Division Street (from 82nd Avenue to 148th Street)

The decrease in Portland motor vehicle deaths, is of course, excellent, but Oregon car crashes and injuries and fatalities still happen and can be grounds for a personal injury or wrongful death claim if there are any injuries or fatalities.

Accident fatalities in 2008 lowest in Portland history, TheOutlookOnline.com, April 2, 2009

U.S. Transportation Secretary LaHood Announces Record Low Traffic Deaths, Improved State Seat Belt Use, NHTSA, April 6, 2009

Seat Belt Use in 2008—Use Rates in the States and Territories (PDF)

Related Web Resources:
City of Portland, Office of Transportation

US Department of Transportation

Continue reading "US Department of Transportation Says the Number of Motor Vehicle Deaths in 2008 is Record Low Since 1961, and Portland, Oregon Exhibits Lowest Traffic Fatality Figures Ever" »

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Car Accidents , Motor Vehicle Accidents , Pedestrian Accidents

Bookmark:

The Cambridge Health Alliance is recommending that truck drivers be tested for obstructive sleep apnea. The condition, which makes individuals prone to exhaustion and falling asleep during the daytime, can be deadly in the trucker line of work.

Drivers are already on the road for hours at a time and may be exhausted from working such long shifts or irregular hours. Compounding their fatigue with a greater chance of dozing off behind the wheel of a semi-truck, a tractor-trailer, or an 18-wheeler truck does not bode well for the truck driver or the motorists or pedestrians around him or her and can result in catastrophic truck collisions.

About 2.4 million to 3.9 million commercial truckers in the United States have OSA. Some experts, however, believe that this estimate may be rather low—especially as many truck drivers don’t even know that they are suffering from sleep apnea.

A trucker afflicted with sleep apnea has a seven fold greater chance of becoming involved in a traffic accident. According to the Divided Attention Driving Test, a person who has sleep apnea may exhibit driving behaviors similar to someone who is driving drunk—meaning that their ability to drive responsibly and safely can become severely impaired.

The Cambridge Health Alliance is also reporting a noticeable connection between obesity and obstructive sleep apnea. Findings of their study, which confirms that obesity-driven test strategies can help identify the truck drivers that are at risk of having OSA, can be found in the March 2009 issue of the Journal of Occupational and Environmental Medicine.

The study recommends making OSA screenings mandatory for commercially licensed truck drivers. Meantime, the Federal Motor Carrier Safety Administration is considering whether to require all obese truckers to undergo sleep apnea screenings.

In 2006, an article in the American Journal of Respiratory and Critical Care Medicine reported that many of the approximately 5,600 commercial truck crash-related deaths that occur in the US every year happen because a trucker fell asleep behind the wheel. Identifying the truck drivers that are more prone to drift off behind the wheel because they have OSA could save lives.

Obesity Linked To Dangerous Sleep Apnea In Truck Drivers, Science Daily, March 12, 2009

Many Commercial Drivers Have Impaired Performance Due To Lack Of Sleep, Science Daily, August 16, 2006

A Study of Prevalence of Sleep Apnea Among Commercial Truck Drivers, FMCSA

Related Web Resources:
Obstructive Sleep Apnea, Sleep Disorder Channel

Sleep Apnea, National Institute of Health

Continue reading "Some Oregon Truck Accidents May Be Prevented By Testing Truck Drivers for Obstructive Sleep Apnea " »

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Motor Vehicle Accidents , Truck Accidents

Bookmark:

In Albany, Oregon, five people were hurt in a Linn County multi-vehicle crash on Friday when a driver in a stolen Jeep Cherokee ran a red light while fleeing from police. The suspect, 22-year-old Portland resident Kyle Holder, ran a red light before colliding with an Eagle Summit, a Toyota pickup, and a Nissan Sentra. Holder then fled the scene on foot but was later apprehended by police.

Oregon car crash victims who were injured include John Dinnis, 63, and Candice Dinnis, 56, who are both from Monmouth, John Carreira, 46, Robert Foss 49, and Scott Foss, 19, who are all from Albany.

Holder faces five counts of third-degree assault charges in Linn County and he is wanted in Multnomah County for assault, robbery, attempted strangulation, harassment, theft, burglary, and interfering with the making of a police report.

Running a Red Light
According to the Insurance Institute for Highway Safety, about 260,000 motor vehicles accidents occur every year because a driver ran a red light. For example, 206,000 US traffic accidents occurred because of red light running in 2003—934 people died and 176,000 got hurt as a result.

A few common reasons why people run red lights:
• To avoid having to wait for the light to turn green again.
• To avoid law enforcement officers who might be pursuing them.
• Driver distraction causes them to not realize they are about to run a red light.

Running a red light can lead to serious auto injury accidents. The driver responsible for causing a traffic accident because he or she ran a red light can also be held liable for Oregon personal injury or wrongful death.

For motorists wishing to protect themselves against red light runners, the Allstate Web site recommends:
• Make sure that when the light at the intersection in front of you turns green that you check to make sure there are no vehicles on all sides of you that are about to run a red light.
• Drive carefully into an intersection in case a motorist decides to run a red light.
• Pay extra attention when turning at intersections.

Man caught in Albany chases faces more charges in Portland, OregonLive.com, March 24, 2009

5 injured in 4-car crash as driver flees police, KVAL.com, March 23, 2009

Running red lights, Allstate

Related Web Resources:
Oregon DMV

State Traffic and Speed Laws, MIT.edu

Continue reading "Five People Hurt in Oregon Multi-Car Crash After Portland Driver in Stolen Car Runs a Red Light" »

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Car Accidents , Motor Vehicle Accidents

Bookmark:

In Oregon, the family of Tracey Sparling is suing a cement truck driver and his employer for her wrongful death. Sparling, 19, sustained fatal crush injuries on October 11, 2007 after her bicycle was struck by the large truck. The deadly Portland truck accident occurred at the intersection of Burnside and Southwest 14th Avenue.

Both Sparling and truck driver Timothy Wiles were stopped at a red light. Sparling was stopped in a bike lane located on the right side of the road in an area that Wiles couldn’t see.

When the light turned green, the trucker turned right. Sparling was crushed under the truck’s back wheels. The cement truck, which weighed 40,000 pounds, belonged to Rinker Materials, which was purchased by Cemex Corp.

Now, the Portland bicyclist’s family is seeking $2 million for her wrongful death. Sparling was a student at Pacific Northwest College of Art when she died.

Large-sized trucks tend to have large blind spots, which makes it difficult for them to see everything and everyone around them. This can result in serious injuries, especially to bicyclists, motorcyclists, and pedestrians that the trucker may not be able to see in his or her mirror.

Catastrophic truck accidents have also been known to occur when the trucker is making a turn because he or she cannot see what is right next to the large truck. “Squeeze play” refers to a trucking accident involving a vehicle that got squeezed between a bus or a truck and the curb. A few other causes of truck accidents include failure to brake properly or in a timely manner, brake failure, and rear-end crashes because the trucker did not keep enough distance between the truck and the vehicle in front of it.

Family of cyclist files lawsuit in her death, OregonLive.com, March 18, 2009

Cyclist killed was top student, creative woman, The Oregonian.com, October 12, 2007

Related Web Resources:
Bicyclist Safety Program, Oregon.gov

Oregon Department of Transportation

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Bicycle Accidents , Motor Vehicle Accidents , Truck Accidents , Wrongful Death

Bookmark:

In Oregon, lawmakers are considering revising the current state drunk driving laws so that they include all substances that could impair someone’s ability to safely drive a motor vehicle. The current Oregon DUI laws cover alcohol and controlled drugs. A person apprehended or who causes an Oregon motor vehicle accident because he or she was abusing medication or overmedicated, however, cannot currently be prosecuted for drunk driving because state law regarding driving under the influence of intoxicants does not define these substances as intoxicants.

Those who oppose changing the law, however, say adding prescription drugs and over-the-counter drugs to the list of intoxicants under Oregon’s drunk driving laws would place motorists who actually need to take the medication for their health at a huge disadvantage.

Impaired Driving Caused by Medication
Catastrophic Oregon motor vehicle crashes have been known to occur because a motorist was under the influence of strong medication. For example, one teen driver drank two bottles of Robitussin cough medicine right before becoming involved in an Oregon rollover accident. Although Portland police charged him with Oregon DUI, the criminal charge was eventually dropped.

Medication and Driving
Medication, depending on the kind of drug and the dose taken, can lead to drowsiness, dizziness, difficulties focusing, nausea, vision difficulties, delayed reflexes, and unconsciousness. These are not the kind of side effects you want to have when operating a motor vehicle anywhere in the United States.

While many medications are prescribed by doctors to maintain a patient’s health, especially someone who is suffering from depression, heart problems, diabetes, Parkinson’s disease, high blood pressure, schizophrenia, and other conditions, it is the responsibility of the person taking the drugs to make sure that he or she doesn’t drive while under the influence of such medicines.

Any kind of impaired driving is dangerous driving. Too many lives are lost every day in drunk driving accidents because someone was driving under the influence of alcohol, drugs, or medication.

Oregon ponders new drunken driving law, SeattlePINews.com, March 9, 2009

Related Web Resources:
Impaired Driving, CDC

Driving Under the Influence of Intoxicants, Oregon State Legslature

Continue reading "Oregon Lawmakers Consider Expanding Current Drunk Driving Laws to Include Any Substance that Could Impair a Motorist’s Ability to Drive Safely" »

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Bus Accidents , Car Accidents , Motor Vehicle Accidents , Motorcycle Accidents , Pedestrian Accidents , Truck Accidents

Bookmark:

In Portland, a 16-year-old boy is in critical condition after he was struck by two cars on Interstate 5 on Sunday. The teen pedestrian had just left the Rose Garden where he had been watching the Portland Trail Blazers play against the San Antonio Spurs.

The boy is being treated at Legacy Emanuel Hospital. Portland police are investigating the cause of the fatal Oregon pedestrian accident. They think he may have been trying to cross the freeway. One vehicle reportedly hit the boy before he was hit by another car.

Both motorists stopped at the Portland, Oregon traffic accident scene and spoke to local authorities. One woman who had also been watching the basketball game says the boy is not the only one that had been trying to cross Interstate 5.

Oregon Pedestrian Accidents
It is important that pedestrians, bicyclists, and motorists take steps to prevent pedestrian accidents from happening. Whenever there is a traffic accident involving a pedestrian, he or she is the one most prone to serious injuries.

The Web site PedestrianSafety.com talks about a list of scenarios on the road that can lead to Portland traffic accidents and resulting pedestrian injuries and deaths:

• A motor vehicle turns into a pedestrian’s path.
• A pedestrian runs onto the street.
• A pedestrian crosses the street in the middle of the road.
• A bus may be obstructing another motorist’s view, making it difficult to see that there is a pedestrian behind a large vehicle unless the driver or motorcyclist is paying close attention.

To prevent pedestrian accidents, a Safety and Consumer Protection Web site advises:
• Yield the right of way to pedestrians whether or not there is a walk signal or pedestrian lane if they have already started crossing the street.
• Do not overtake or try to pass a vehicle that is stopped at an intersection.

Teen Struck By Car After Leaving Rose Garden, Fox 12 Oregon, March 1, 2009

Rules and pointers for pedestrians and drivers, Safety & Consumer Protection

Pedestrian Safety

Related Web Resources:
Bicycle & Pedestrian Program, Oregon.gov

National Highway Traffic Safety Administration

Continue reading "Portland Traffic Accident Injures Oregon Teen Pedestrian After He is Struck by Two Cars on Interstate 5" »

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Injuries to Minors , Motor Vehicle Accidents , Pedestrian Accidents

Bookmark:

The family of Jakobi Mulgrave, the 10-year-old boy who survived a Eugene drunk driving accident that killed his mother and three other people last month, is suing several plaintiffs on his behalf for personal injury. According to the Oregon car accident lawsuit, which is seeking approximately $13 million, Jakobi sustained a brain injury, a fractured skull, a fractured pelvis, as well as damage to his kidney, spleen, and liver. Mulgrave is being treated at a Portland hospital.

The catastrophic motor vehicle accident took place on the night of January 21 when an Isuzu Rodeo, driven by Matthew Ellmers and the Toyota Highlander carrying Jakobi, his mother Yvonne, Connie Marie Vermilyea, 34, Jaziah Vermilyea, 10, and Nima Gibba, 11, collided, causing the Highlander to turn in the air and hit a utility pole. Ellmers, who is the only other person to survive the crash, also sustained serious injuries. Police say the 24-year-old Eugene driver was driving drunk.

The Mulgrave family’s Oregon personal injury lawsuit involving injuries to minors contends that Jakobi should receive $10 million for noneconomic damages, $2.8 million for lost wages throughout his lifetime, medical expenses, and other costs.

The defendants in the case are Matthew Ellmers who is accused of negligence for causing the auto accident, Kimberly Snyder, who lent her Isuzu Rodeo to him (the lawsuit contends that she either knew or should have known that Ellmers had a history of drinking heavily and that this could result in a fatal Oregon drunk driving accident), and businesses Strike City and The Nile for serving alcohol to Ellmers, who the complaint claims was already noticeably intoxicated.

On February 3, an Oregon grand jury indicted Ellmers with four counts of assault, manslaughter, DUI, and other criminal charges. Ellmers has pleaded not guilty.

Lawsuit seeks $13 million for boy injured in crash, KVAL, February 3, 2009

$12.8 million suit filed in Eugene crash, Oregon Live, February 4, 2009

Related Web Resources:
Children, 2007 Traffic Safety Fact Sheet, National Highway Traffic Safety Administration

Deadly Oregon Motor Vehicle Accident Leaves Four People Dead and a Young Boy in Critical Condition, Matthew D Kaplan, Attorney at Law, January 23, 2009

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Car Accidents , Injuries to Minors , Motor Vehicle Accidents , Personal Injury

Bookmark:

A series of unrelated Oregon rollover accidents have left accident victims with injuries. In one auto crash, a Multnomah County judge sustained critical injuries after the car he was riding in rolled over when it was struck by a pickup truck. Three other people, including the judge's two children, were also injured in the head-on collision. According to Oregon State Trooper Duane Larson, pickup truck driver Craig Gilbert lost control of his vehicle.

In another Oregon auto crash, a 5-year-old boy was killed on Saturday when he was thrown from the family’s 2000 Chevrolet Tahoe during a rollover accident on I-82 south of Umatilla. His mother reportedly lost control of the vehicle while breaking and the SUV rolled over three times.

In another deadly rollover crash, an Oregon woman died on January 17 when her car rolled over on Highway 26, close to Prairie City. According to Oregon State Police, Fredina Sue McKrola, 66, was found close to her Chevrolet Suburban. Investigators think that the auto collision happened because she lost control of her car. There were ice spots reported in the area where her accident happened.

Rollover Accidents
There are many reasons for why rollover accidents occur, including:

• Negligent driving
• Products liability
• Unsafe conditions on the road that should have been cleared out
• Multi-vehicle crashes

While some rollover accidents are the drivers' fault, there are rollover crashes that do occur because another party was negligent. If you were a passenger injured in a rollover accident caused by a negligent driver, or if your loved one died in another kind of auto kind of accident caused by someone else's carelessness or recklessness, you may have grounds to file an Oregon personal injury or wrongful death lawsuit to claim compensation.

Continue reading "Recent Oregon Rollover Accidents Result in Injuries" »

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Car Accidents , Motor Vehicle Accidents , Products Liability

Bookmark:

Police in Oregon say alcohol may have been a factor in a deadly Eugene auto accident that left 10-year-old Jakobi Mulgrave in serious condition and killed four other people on Wednesday. Injured in the Oregon auto wreck was the boy’s mother, 34-year-old Heather Yvonne Mulgrave, 10-year-old Jaziah Vermilyea, 34-year-old Connie Marie Vermilyea, and 11-year-old Nima Gibba. All of the victims were from Springfield, except for Nima, who is a Eugene resident.

The accident occurred at about 9:16pm at night when the Toyota Highlander carrying the victims and an Isuzu Rodeo collided. Both vehicles were totaled in the crash. The driver of the Isuzu, 24-year-old Eugene motorist Matthew N Ellmers, was listed in serious condition at a Springfield hospital as of yesterday.

The deadly auto crash happened at an intersection where there is a 4-way traffic signal. One teenager says the cement building she was in shook when the vehicles collided. The Highlander reportedly flipped into the air following the crash and drove into a utility pole.

According to The Register-Guard, multi-vehicle crashes don’t happen very often in Eugene. The last time local police investigated an auto accident death involving more than one victim was in 1978.

According to the state's Fatality Analysis Reporting System, there were five Oregon multi-vehicle accidents involving at least four fatalities in 2007 and 2008.

Multi-Vehicle Collisions
Proving liability and obtaining personal injury or wrongful death recovery in a multi-vehicle crash can be complicated—unless you are working with an experienced Oregon car accident lawyer who knows how to properly investigate your case.

Accident reconstructionists, medical specialists, accident investigators, and other experts may have to be called in to investigate all of the evidence to determine fault and figure out how much compensation you should receive. If you or someone you love was injured in a multi-vehicle Oregon auto accident—do NOT try to negotiate an agreement with the other parties’ insurance companies or their legal representatives without seeking your own legal counsel.

Police need public's help with investigation of crash that killed 4, KVAL, January 23, 2009

Accident Touched Lives of Many, The Register-Guard, January 23, 2009

Continue reading "Deadly Oregon Motor Vehicle Accident Leaves Four People Dead and a Young Boy in Critical Condition " »

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Car Accidents , Injuries to Minors , Motor Vehicle Accidents , Wrongful Death

Bookmark:

This week, the National Safety Council (NSC) issued a call for a US-wide ban that would prohibit motorists from using cell phones while driving. The consumer safety organization says it will lobby all 50 US states and Washington DC to implement laws that ban the use of both hand-held and hand-free cell phones and text messaging whenever a driver is behind the wheel of a motor vehicle.

The NSC says that there is now clear scientific evidence to show that use of a cellular phone while driving increases the risks of the driver becoming involved in a motor vehicle crash. According to the Harvard Center of Risk Analysis:

• 6% of traffic accidents (636,000 motor vehicle collisions) that occur each year happen because someone was using a cell phone.
• 330,000 people were injured in these accidents.
• 12,000 of the injuries were serious.
• 2,600 people died in auto collisions that involved cell phone use.

According to researchers at the University of Utah, over 100 million people talk or text message on cell phones when driving. Dr. Gavin Melmed of Baylor University Medical Center in Waco, Texas agrees that legislation, more education, and enforcement are needed to get people to see how cell phone use, like driving without a seatbelt and drunk driving, is unacceptable behavior while operating a vehicle.

While certain US states have a ban on handheld cell phones, no state has completely banned the use of all cell phones while driving. Oregon law bans drivers younger than 18 from talking or text messaging on a cell phone while driving. However, in order to be cited for violating this law, the use of the cell phone must be a secondary offense. This means the young or novice driver had to have violated another law by, for example, speeding or drunk driving. Oregon police officers say that enforcing this law has proven challenging. As of January 8, there were no records of citations in Portland, Eugene, Pendleton, and Bend.

The Insurance Institute for Highway Safety says drivers who use cell phones when operating their vehicles quadruple their chances of becoming involved in a motor vehicle crash. Cell phone use while driving is a form of driver inattention.

National Safety Council Calls for Nationwide Ban on Cell Phone Use While Driving, NSC.org, January 12, 2009

Ore. teen drivers not cited, year after cell-phone ban, KTVZ, January 8, 2009

Related Web Resources:
Cellphones and Driving, Insurance Information Institute

Cell Phone Driving Laws, Governors Highway Safety Association

Continue reading "Impose a US-wide ban on using cell phones will driving, says National Safety Council" »

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Bus Accidents , Car Accidents , Motor Vehicle Accidents , Motorcycle Accidents , Pedestrian Accidents , Truck Accidents

Bookmark:

Oregon Department of Transportation is reporting that seven people died in five motor vehicle accidents between 6pm and 11:59pm on December 31, 2008. These figures are an increase from the same period beginning December 31, 2007, when five people were killed in four motor vehicle accidents. There were four Oregon auto deaths on New Year’s Eve 2006.

Poor road conditions were a contributing factor in four of this New Year's Eve deadly accidents, while intoxicated driving was a factor in the fifth collision that took place in Bend, Oregon, on Highway 20. Five people who survived these crashes have since been released from local hospitals.

Holiday Drunk Driving
The Oregon State Police say they made 52 DUI arrests between December 31, 2008 and January 1, 2009 at 8am. Between 6pm on New Year’s Eve through 11:59pm on January 4, 2009, they made 85 DUI arrests—that’s 13 less than for the same time period last year. Police throughout the state had increased their efforts to stop drunk drivers and prevent them from causing Oregon motor vehicle accidents.

What to Do If You Are Involved in an Oregon Car Accident:
• Do not leave the scene of the Oregon motor vehicle crash without stopping to see if anyone was hurt and exchanging contact and insurance information with the other party.

• Document any injuries or property damage to your vehicle.

• If applicable, talk to police who arrive at the crash scene and make sure you tell them exactly what happened.

• Do NOT try to settle your claim with the other party’s insurance company without exploring your legal options.

• Talk to an experienced Portland personal injury lawyer about your case.

OSP holiday patrols net 85 DUI arrests, StatesmanJournal.com, January 6, 2009

OSP Troopers Report Over 50 DUII Arrests During New Year's Eve, January 1, 2009

Related Web Resources:

Oregon DMV

Oregon State Police

Continue reading "Oregon Department of Transportation Reports Seven Motor Vehicle Deaths on New Year’s Eve" »

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Car Accidents , Motor Vehicle Accidents , Wrongful Death

Bookmark:

The US Centers for Disease Control and Prevention says auto accidents and fall accidents are the leading causes of accidental teen and child injuries and deaths in this country.

Facts included in the CDC’s report:

• 9.2 million teenagers and children a year are treated in US emergency rooms for accidental injuries.
• 2.8 million teens and young kids are injured in fall accidents annually.
• Over 50% of the nonfatal injuries involving kids younger than 1 occurred during fall accidents.
• About 8,000 minors are killed each year in traffic accidents as pedestrians, vehicle occupants, and pedalcyclists.
• 12,175 people under age 20 die in the US every year because of accidental injuries.
• Approximately 20 kids die every day because of an injury that could have been prevented.
• Some 20 million kids and young adults sustain injuries each year that limit their activity and require medical care.

Leading causes of injury deaths, according to age group:

• Infants – suffocation
• Ages 1 to 4 – drowning
• Ages 5 to 19 – traffic crashes

In addition to fall accidents, other leading causes of nonfatal injuries to kids include:

• Animal bites
• Insect bites
• Getting hit by or falling against an object

Children in the 1 – 4 age group were most likely to suffer nonfatal injuries in fall accidents or due to accidental poisoning. According to CDC Division of Unintentional Injury Prevention Director Grant Baldwin, many of these injuries can be predicted and are preventable.

Many times, these injuries occur while a child or teen is engaged in everyday activities, such as riding in a car, walking to school, or swimming in the neigborhood pool. Such injuries are often caused by reckless motor vehicle drivers, careless property owners, negligent product manufacturers, careless dog owners, or other responsible parties.

Car Crashes, Falls Top List of Accidental Injuries for Kids, US News, December 10, 2008

Childhood Injury Report, CDC

Related Web Resources:

Children Traffic Safety Fact Sheet, NHTSA (PDF)

World Health Organization

Continue reading "Car Crashes and Fall Accidents are Leading Causes of Accidental Deaths and Injuries to Minors in the US, Says CDC" »

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Bicycle Accidents , Bus Accidents , Car Accidents , Dog Attacks , Injuries to Minors , Motor Vehicle Accidents , Pedestrian Accidents , Premises Liability , Products Liability , Truck Accidents , Wrongful Death

Bookmark:

As part of its push to keep motorists and pedestrians safe over the holiday season, the Oregon State Police is increasing its DUI enforcement efforts. Their actions are part of a 20-day national crackdown on drunk drivers and runs from December 13 though the New Year. State and local police will also be on high alert for Oregon DUI drivers beginning 6pm on Christmas Eve through Sunday at midnight.

Oregon Governor Kulongoski, who declared December “Drunk and Drugged Driving Awareness” month, has reminded drivers that driving with a buzz is driving while impaired—a leading cause of motor vehicle fatalities in the state. Last year, 18 people died in Oregon drunk driving accidents over the holiday season.

Meantime, a recent national study confirms that the number of fatalities due to drunk drivers increases around Christmas and New Year. The National Highway Traffic Safety Administration says that from 2002 – 2006, alcohol was a factor in 4 out of 10 motor vehicle deaths that occurred during the last two weeks of December. Also, drivers 21 – 24 years of age are more likely to be involved in a deadly alcohol-related motor vehicle accident than other motorists.

The Oregon Department of Transportation Safety Division’s Impaired Driving Program Manager Gretchen McKenzie has a number of suggestions for how drivers can keep themselves and others safe this holiday season:

• Don’t drive if you’ve had anything to drink.
• Make sure that there is a designated driver.
• Don’t let anyone who has been drinking get behind the wheel of the car.
• Consider taxis, public transportation, or a car service as alternative modes of transportation.
• Make sure you and your passengers are wearing seat belts.
• Call 911 if you see a drunk driver on the road.

Of course, it is important that motorists drive sober throughout the year. Last year, the NHTSA says 12,998 people died in alcohol-impaired auto crashes in the US.

Anyone who drives under the influence of alcohol or drugs is breaking the law and may be charged for Oregon DUI crimes. Victims injured by a DUI driver may also have grounds to file an Oregon personal injury claim for damages.

Governor proclaims December “Drunk and Drugged Driving Awareness” month, Oregon.gov, December 1, 2008

State police beef up drunk-driver patrols, The Register-Guard, December 23, 2008

Related Web Resources:

Alcohol Impaired Driving 2007 Traffic Safety Facts, NHTSA (PDF)

DUI Laws in Oregon, United States DUI Laws, DUI Driving Laws

Continue reading "To Prevent Oregon DUI Accidents, OSP Steps Up Drunk Driver Patrols Over the Holiday Season" »

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Bicycle Accidents , Bus Accidents , Car Accidents , Motor Vehicle Accidents , Motorcycle Accidents , Pedestrian Accidents , Truck Accidents , Wrongful Death

Bookmark:

A 53-year-old Oregon bicyclist is dead, after he was struck by a car on Highway 199, close to the intersection of Rockydale Road. Cave Junction resident William Bailey died at the crash site. The driver of the vehicle that struck Bailey, Portland motorist Joseph Erickson, says he did not see the bicyclist.

The National Highway Traffic Safety Administration Reports:
• There were 15 pedalcyclist deaths in Oregon last year.
• Nationally, 798 pedalcyclists died in 2007.
• 43,000 pedalcyclists suffered injuries sustained in traffic crashes.
• The average age of pedalcyclists killed last year in traffic accidents was 40.
• Over 80% of pedalcyclists that died or were injured in 2007 were male.

Common Causes of Bicycle Accidents:
• Driver negligence
• Driver inattention
• Drunk driving
• A driver or bicyclist making an unsafe turn
• Speeding
• Poor weather conditions
• Defective auto or auto parts
• Bicyclist error
• Failure to use the proper bicycle safety clothing or equipment

Bicyclists are prone to serious injuries. They are not well protected from the impact of colliding with an 18-wheeler truck, a large school bus, a motorcycle moving at high speeds, or any other motor vehicle.

Bicycle accident injuries can be