Articles Posted in Motor Vehicle Accidents

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

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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%.

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

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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.

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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.

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.

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

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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

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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

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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)

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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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