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Matthew D. Kaplan

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Portland and the surrounding area welcomed the start of fall a few weeks ago, and the change of seasons brought temperatures in the 40s. Not long ago, though, Portland sweltered under triple-digit temperatures. As uncomfortable and challenging as extreme heat can be for most of us, it is vastly more dangerous for workers who work outside or in non-climate-controlled settings. These jobs can be not only dangerous but also fatal. Sometimes, a worker’s heat-related workplace injury or death may be the result of multiple people or entities failing to do their jobs — and that includes people or entities beyond just the worker’s employer. When that happens, an experienced Oregon industrial accident lawyer can help you take the appropriate legal steps.

When temperatures reached 100+ back in August, KGW8 took the opportunity to remind readers of the heat-related workplace protections that are now in place in Oregon.

Back in 2021, multiple workers died during a June heat wave where temperatures reached the mid 110’s. In the wake of those deaths, the Oregon Occupational Safety and Health Division (Oregon OSHA) created new administrative rules to protect workers from the heat. The rules apply to “any workplace where extreme heat caused by weather can expose workers to heat-related illnesses.”

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Thousands of motorcyclists die each year on American roads and highways. Many times, these crashes are the result of a car, truck, or SUV driver who failed to maintain a proper lookout and executed a left turn that directly led to the fatal crash. When that happens and you lose a loved one as a result, the law allows you to seek justice for your loss. Retaining an experienced Oregon motorcycle accident lawyer can provide your family crucial advantages as you undertake that legal process.

A recent fatal motorcycle accident in Lincoln County follows a factual pattern that tragically is all too familiar. A 27-year-old man from Toledo was traveling northbound on Highway 101 about 15 miles south of Newport.

According to the Oregon State Police’s preliminary investigation, as the motorcyclist passed through the intersection of Highway 101 and North Bayview Road, the driver of a Dodge Ram pickup truck turned left onto northbound 101 from Bayview Road. The motorcyclist was unable to avoid an impact and crashed into the truck. The motorcycle caught fire and the motorcyclist was pronounced dead at the scene.

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At a Portland City Hall rally earlier this month, a group of bicyclists sought not to accomplish a solely bicycle-oriented policy goal. Instead, the bicyclists focused on a larger objective: reducing the high number of traffic deaths in the city and making Portland’s roads safer for everyone, including drivers, passengers, pedestrians, motorcyclists, and bicyclists. The bicycle accident lawyers at Kaplan Law LLC understand the incalculable human toll that traffic fatalities represent, and support policies that will make our area’s streets and highways safer for all.

According to KGW8’s coverage, the rally included signs honoring the lives of each person killed in vehicle incidents in Portland this year. As of the date of the rally, Portland had already logged 46 fatalities, a pace that could allow the city to surpass last year’s total of 63 deaths.

The protest was organized by BikeLoud PDX. A member of that group told KGW8 that the changes they desired were reasonable and modest goals. Those objectives included enhanced enforcement of speed limits, an increase in the number of traffic cameras (particularly on “high-crash corridors,”) additional infrastructure investment, and campaigns against impaired driving targeted at “bars, restaurants, [and] liquor stores.”

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The last few months have brought a rash of deadly bicycle crashes here in Oregon, including at least two this month (one in Clackamas County and one in Polk County.) The tragic stream of fatalities is a reminder of the extreme dangers bicyclists face when they’re on the road — be it here in Portland or a rural area. Discovering the truth about the bicycle crash that took the life of your loved one can sometimes be a complex, challenging process. An experienced Oregon bicycle accident lawyer can help you both with amassing the factual evidence you need, and utilizing that proof in an appropriate legal action.

Sometimes, the facts regarding a crash can be fairly straightforward. In the recent Clackamas County accident, the mountain manager of the Mount Hood Skibowl died in a two-vehicle collision just east of Government Camp. According to the Oregon State Police, the 48-year-old bicyclist was headed southbound on Highway 173 when the 71-year-old driver of a Hyundai SUV, who sought to turn left from Highway 173 onto West Leg Road, failed to yield the right of way and turned into the bicyclist’s path.

The impact was so powerful that it launched the bicyclist from his bike and into the roadway. He was pronounced dead at the scene.

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Two different reports of two recent jail deaths (from two different publications) reveal a pair of incidents with some striking things in common. These deaths, and the timelines laid out in the accompanying news reports, show how often inmates receive questionable medical care. These reports are a stark reminder that substandard medical care remains a serious (and sometimes lethal) problem in Oregon’s correctional facilities. If you’ve lost a loved one in circumstances like this, the legal system allows you to pursue a constitutional claim. These cases are often complex and challenging, so getting advice and answers from an experienced Oregon jail medical neglect lawyer is well worth your while.

This kind of neglect can take many forms. Sometimes, it can include things as simple as a failure to do proper inmate wellness checks on a sufficiently frequent basis.

A jail death to our south recently received coverage from the Corvallis Gazette-Times, which laid out a detailed timeline of the inmate’s symptoms, and the actions (or lack thereof) undertaken by those responsible for her wellbeing.

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Pedestrian accidents are unique in certain ways. Unlike vehicle-versus-vehicle accidents, many vehicle-versus-pedestrian accidents leave little or no physical evidence at the scene. There may be a complete absence of skid marks or broken glass. In fact, the vehicle may endure no significant damage of any kind. That is one reason why retaining the right Oregon pedestrian accident lawyer to handle your case is so important. Once you’ve retained counsel, if that kind of proof isn’t available, your attorney can immediately get started pursuing other forms of evidence to make your case, like security camera footage, cell phone recordings, or other video/photographic evidence of the crash.

Recent news reports show that pedestrians are facing greater risks on Portland roads than ever before. City records revealed that 16 pedestrians died in 2019 and 18 in 2020. Last year, though, that number shot up to 28.

Shortly after midnight yesterday, another vehicle accident claimed the life of a pedestrian here in Portland. The incident represented the 44th traffic death in Portland this year. Of those 44, 14 have been pedestrians, according to OregonLive.com.

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As a parent, ensuring your small child is safe whenever you hit the road is often a primary concern. To accomplish that goal, it is important to make sure that the car seat you’re using is completely safe and appropriate for your child’s size. Sometimes, though, the safety hazard comes not from your car seat but from your vehicle itself. If your child has been seriously injured (or worse) in a vehicle crash, it’s possible that an improper restraint was part of the problem. If that’s the case, then your situation may entitle you to seek justice through legal action. An experienced Portland child injury lawyer can provide you with crucial answers to your questions and advise you about possible next steps.

Currently, the industry standard for attaching car seats to vehicles is the LATCH (a/k/a Lower, Anchors & Tethers for Children) system. The system involves connecting the car seat to a set of metal anchors (built into the vehicle’s seats and seat backs) using tethers and clips attached to the car seat.

LATCH has now been in existence for more than two decades (dating back to the latter half of 2002,) yet issues with LATCH car seats remain. In late May, a product recall targeted some of Baby Trend’s hybrid child seats. According to the recall, the LATCH “assembly webbing that secures the child restraint system to the lower anchorages may fray, which can reduce the strength of the webbing and fail to properly restrain a child in a crash.” Due to that lack of strength, the seats failed to meet the requirements of two Federal Motor Vehicle Safety Standards: “Child Restraint Systems” (number 213) and “Seat Belt Assemblies” (number 209).

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Incarcerated people ingesting contraband (such as drugs) or other dangerous items is a legitimate problem. Like every other problem that correction workers face, there’s a right way and a wrong way to address it. Sometimes, the use of a so-called “dry cell” represents the wrong way, and the misuse of this type of confinement can be damaging or even lethal. If a loved one has died while incarcerated in a “dry cell,” then you should contact an Oregon civil rights lawyer to learn more about your legal situation and options.

“Dry cells” are cells where the inmate lacks any plumbing facilities. There is no shower, no sink, and the toilet has no water. The idea is that the contraband or dangerous item will eventually pass through the inmate’s body and prison officials can recover it after it does so.

Properly used, these cells can potentially serve some benefit. Improperly used, these cells can cause lasting physical damage… including death. That is what, according to one deceased inmate’s family, may have happened recently at Two Rivers Correctional Institute.

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People whose sole (or primary) source of information about the civil justice system is courtroom drama TV shows likely presume that cases are 100% won or lost at trial. In reality, what leads to success in your major injury case often happens well before the trial even begins. That’s because developing the strongest possible case involves many facets, including proper pretrial procedural steps, and that’s why the odds of getting justice are enhanced by retaining a knowledgeable Oregon injury lawyer.

A recent injury case from the federal District Court in Eugene is a good example. The huge “win” the injured plaintiff received was not regarding some factual or legal issue, but rather the use of expert witnesses.

Expert witnesses can be a major element of a successful case. Say, for example, you suffered a catastrophic injury with permanent paralysis at work due to the negligence of a third party (i.e., not your employer.) Your injuries mean a lifetime of medical treatment, rehab, pain, anguish, mental distress, and never being able to work again.

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When workplaces lack appropriate worker safety protections, serious and sometimes life-changing (or even fatal) accidents are too often the result. Sometimes, you, as an injured worker, may be entitled to restorative relief through an industrial accident lawsuit. These cases can be highly complex, making representation from a knowledgeable Oregon industrial accident lawyer especially valuable.

One factor that can help workers to receive safer workplaces is the threat of OSHA fines from the state. The fines the State of Oregon hands out to employers operating unsafe workplaces have historically been among the lowest in the country, even when the safety violations were obvious and substantial. For example, one construction worker in West Linn died in an accident caused by a heavy-duty loader with no working brakes or horn. Despite finding that the safety violations carried a “high probability of death and that ‘with reasonable diligence, (the) employer could have known that the loader’s brakes and horn were not operating properly’,” Oregon OSHA fined the excavation company only $5,400.

Those fines will be increasing going forward. Earlier this month, the Oregon legislature passed a bill that forces Oregon OSHA to lift its minimum fine amounts to mirror the minimum fines federal OSHA requires. According to The Oregonian, that means raising minimum fines by more than 1,000% in some circumstances.

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50 SW Pine St 3rd Floor Portland, OR 97204 Telephone: (503) 226-3844 Fax: (503) 943-6670 Email: matthew@mdkaplanlaw.com
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