Motor Vehicle Accidents

December 22, 2009

Oregon Truck Accident is a Sad, Timely Winter Reminder

The Oregon truck death of a driver who had stopped to put on chains is a timely, if tragic, reminder of the need to use extra caution in the coming months as winter settles in throughout the Northwest.

According to local media reports, truck driver Milton Melton of Colville, Washington was killed and a fellow driver injured last week when they were hit by another truck as they worked to ‘chain up’ on I-84 near Ontario, on the Oregon-Idaho border. The Idaho Press-Tribune quotes local law enforcement officials saying they believe a semi-trailer struck both men. Melton’s colleague was taken to hospital with what were described as “non-life threatening injuries”.

As anyone who has had to do it can tell you, chaining up along the roadside can be a nerve-wracking experience, even in daylight hours. The Ontario, Oregon fatal truck accident reportedly took place around 8am at a time when heavy snowfall had significantly reduced visibility. The Press-Tribune reports that the driver of the truck that caused the Oregon truck collision left the scene, but was later taken into custody at a nearby truck stop.

December 12, 2009

Is Oregon Distracted Driving Everyone Else’s Problem?

by Matthew D. Kaplan

On January 1 Oregon joins the ranks of states banning texting while driving as well as the use of a hand-held cellphone. A recent blog and accompanying discussion on the New York Times website, however, asks an intriguing question for Oregon distracted drivers: are you willing to acknowledge that your own behavior behind the wheel is a problem?

The Times cites a recent survey conducted by the AAA Foundation. As the paper paraphrases the results: “essentially, many people believe, ‘I can do it safely, but you’re a menace.’” This attitude, of course, is hardly confined to the question of telephone use. How many people do you know who are actually willing to say ‘I’m a bad driver’?

Examining this attitude is especially timely. Though the new Oregon distracted driving law allows for primary enforcement (i.e. the police can pull you over just for talking on a cellphone – they will not need to look for some other initial violation, such as speeding or driving recklessly) the fine for violating the law will be relatively low ($90). Moreover, in most states that already have these laws few people, in practice, get ticketed just for using a phone.

December 6, 2009

Oregon truck crash leaves one man hospitalized

by Matthew D. Kaplan

One driver is hospitalized in Portland with serious injuries after an Oregon truck crash involving two fully-loaded log trucks, according to local media reports.

The accident took place late Wednesday morning on Highway 226 between Lyons and Scio, southeast of Salem. An eastbound log truck tipped over as it tried to make a right-hand turn, according to The Oregonian. As it turned over, the eastbound truck crashed into another log truck heading west on the same road. The driver of the eastbound truck was flown by helicopter to a Portland hospital, where he is listed in serious condition.

The accident reportedly closed the highway for several hours while police investigated.

December 4, 2009

Portland hit-and-run injures 4

by Matthew D. Kaplan

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.

November 30, 2009

Gladstone fatal accident highlights pedestrian injury issues

by Matthew D. Kaplan

An Oregon traffic accident near Gladstone took the life of a 60-year-old pedestrian over Thanksgiving weekend. Police issued no citations at the site of the accident on McLoughlin Boulevard, but are still investigating.

The Portland fatal pedestrian accident took place Friday evening. According to local media reports, Maria Isabel Cervantes-Gutierrez of Milwaukie, Oregon was attempting to cross State Route 99E Friday evening when she was struck by a van in the southbound lane. The driver remained on the scene and has reportedly been cooperating with police. Cervantes-Gutierrez was taken to a hospital in Portland where she later died of her injuries. Police closed the southbound portion of McLoughlin for about two hours as they worked to reconstruct the Portland pedestrian accident scene.

If you or a loved one have been involved in an Oregon pedestrian accident of this type it is important to contact a Portland pedestrian accident attorney as soon as possible. Oregon pedestrian accidents can create civil as well as criminal liability. Consultation with a Portland traffic accident lawyer can help you sort out the issues involved.

November 27, 2009

Highlighting Oregon Distracted Driving Dangers

by Matthew D. Kaplan

A timely reminder for this holiday weekend comes from USA Today travel columnist Bill McGee. His headline says it all: “Distracted While Driving? Pull Over!” The law, as he notes, is only part of the issue. Oregon is among the growing number of states that have banned texting and use of hand-held cellphones while driving. But it is worth remembering that aside from endangering yourself, your passengers and everyone else on the road distracted driving can leave you open to a significant Oregon personal injury judgment if a court finds you liable for an Oregon personal injury accident. As I’ve noted elsewhere on this blog, such a finding can take place even if the police do not issue a citation at the scene of the accident.

McGee cites some sobering statistics from the National Highway Traffic Safety Administration, such as the fact that “distraction was a factor in 12% of all fatal crashes in 2004, but rose to 16% in 2008.”

The good news is that recognition of the problem is widespread. An Insurance Information Institute survey last summer found that 80% of respondents supported a ban on texting while driving. For handheld cellphone use the figure was 67%. Even allowing for the fact that an insurance industry survey might be tilted toward a ban (texting leads to more crashes; more crashes lead to more claims), the logic behind the data is hard to argue with.

November 18, 2009

Teen Drivers Still Texting, Despite Bans in Oregon and Other States

by Matthew D. Kaplan

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.

November 11, 2009

Salem bicycle accident shows how crucial helmets are

by Matthew D. Kaplan

An Oregon bicycle accident last week is the best reminder in a long, long while of why a helmet ought to be essential biking gear. The Salem bicycle injury accident took place when an 18 year old swerved to avoid an SUV pulling out of a fast-food restaurant. The Salem bike rider was thrown over her handlebars as she tried to avoid the SUV, which then ran over her head with its rear tire, according to a detailed report in The Oregonian, quoting Marion County law enforcement officials.

The newspaper reports that the cyclist was taken to a hospital but released a short time later without serious injuries. Her helmet, however, “was pretty much crushed” according to a Marion County sheriff’s office spokesman. Oregon law requires helmets for riders 16 and under. In this case it is clear that wearing a helmet saved the 18 year old bike rider, sparing her serious personal injury or death as a result of her Salem bicycle accident.

Even when cyclists take every necessary precaution, however, Portland personal injury accidents involving bicycles and cars can be especially serious. While this story had a happy ending, it also highlights the importance of wearing a bike helmet at all times. When injuries do occur as the result of an Oregon bicycle accident involving a car or SUV, consulting a Portland bicycle injury attorney should be near the top of your post-accident priority list. Collisions, especially those involving negligence, may entitle the victim to compensation for medical bills, long-term care, damage to property, lost wages and pain and suffering.

November 6, 2009

Hillsboro Pedestrian Accident Spotlights Parking Lot Dangers

by Matthew D. Kaplan

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.

November 4, 2009

Portland pedestrian accident kills woman

by Matthew D. Kaplan

A Portland traffic accident left one woman dead and another in critical condition over the weekend, according to a report from local TV station KGW. The Portland fatal accident took place at the corner of SE 80th Street and Foster Boulevard early Sunday evening, according to police.

The TV station, quoting police sources, reported that the two women were hit while crossing the street at a poorly-lit intersection that has a dangerous reputation among area residents. Police say the two women were in a clearly marked crosswalk, but that the driver probably had trouble seeing them in the dark. The driver is reported to be cooperating with police.

An accident like this can give rise both to Oregon wrongful death claims and to Oregon personal injury claims for surviving victim. Consulting with a Portland wrongful death lawyer who is also experienced in Portland personal injury law is essential at the earliest feasible moment after an accident.