Motor Vehicle Accidents

April 28, 2009

Recent Oregon Motor Vehicle Accidents Result in Serious Injuries and Deaths

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

April 17, 2009

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

by Matthew D. Kaplan

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

April 11, 2009

Oregon Wrongful Death Settlement Reached Over Teen Bicyclist’s TriMet Bus Accident Death

by Matthew D. Kaplan

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.

April 7, 2009

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

by Matthew D. Kaplan

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

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April 3, 2009

Some Oregon Truck Accidents May Be Prevented By Testing Truck Drivers for Obstructive Sleep Apnea

by Matthew D. Kaplan

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

March 25, 2009

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

by Matthew D. Kaplan

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

March 18, 2009

Family Files $2 Million Oregon Truck Accident Lawsuit Over Portland Bicyclist’s Wrongful Death

by Matthew D. Kaplan

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.

March 12, 2009

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

by Matthew D. Kaplan

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

March 2, 2009

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

by Matthew D. Kaplan

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

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February 17, 2009

Oregon Personal Injury Lawsuit Seeks $13 Million for Boy Who Sustained Serious Injuries in Eugene Car Accident that Killed His Mother

by Matthew D. Kaplan

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.