Articles Posted in Motor Vehicle Accidents

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

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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

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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

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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 catastrophic, and you may need all the help you can get so that you are able to cover medical costs, recovery expenses, and lost wages.

Bicyclist killed in crash with Portland driver in heavy fog, KGW.com, November 24, 2008
Bicyclists and Other Cyclists, 2007 Traffic Safety Fact Sheets, NHTSA (PDF)

Related Web Resources:

Bicycle and Pedestrian Programs, Oregon.gov
Oregon Bicycle Laws, BikePortland.org

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On Tuesday morning, a 40-year-old McMinnville man was pronounced dead at the scene of a multi-vehicle collision involving two large trucks and a modified motor home on Oregon Highway 18. The driver who died, Miguel Martinez-Perez, was operating his motor home close to Sheridan when the deadly Oregon truck accident happened.

Oregon State Police say the motor home driver was turning at Christensen Road when his vehicle was rear ended by a Mack truck driven by Portland truck driver Devin Lewis for Walsh Trucking, a Troutdale company. Lewis’s truck was pulling an empty chip trailer.

The impact of the crash reportedly pushed the motor home into the side of the empty Kenworth truck being driven by Astoria truck driver Michael Olson, who was driving for James Gedenberg Trucking of Astoria. While Lewis did not sustain any injuries in the multi-vehicle accident, Olson suffered minor injuries.

OSP and the Multi-Agency Traffic Team are investigating the multi-truck accident.

NHTSA Large Truck Crash Facts for 2007

• There were 4,808 people killed in truck accidents involving 4,584 large trucks.
• 802 of the people who died were large truck occupants.
• 4,006 of the people who died were riding in other vehicles or were pedestrians or pedalcyclists when the large truck crash happened.
• At least 100,000 victims were injured in truck collisions involving 76,000 large trucks.
• 23,000 large truck occupants were among the injury victims.
• 77,000 truck accident victims were riding in the other vehicles or were pedalcyclists or pedestrians.
• Almost 24% of large truckers involved in deadly crashes had at least one prior traffic conviction for speeding.

McMinnville man killed in three-vehicle crash on Oregon 18, The Oregonian, December 2, 2008
Astoria trucker hurt in accident in which another driver is killed, Daily Astorian, December 2, 2008
Related Web Resources:

Large Trucks Traffic Safety Fact Sheet, NHTSA
Oregon Truck Safety, Oregon.gov

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In Oregon, a 97-year-old pedestrian died on Saturday after she was struck by a car that was backing out of an apartment complex parking lot. Anne Hemming sustained head injuries and was pronounced dead shortly upon her arrival at Oregon Health and Science University Hospital.

The car’s driver, 79-year-old Milwaukie resident Stanley Keltz, has not been charged with any crime related to the Oregon pedestrian accident.

NHTSA Pedestrian Accidents
• There were 4,654 pedestrian deaths in 2007.
• 903 of these victims were elderly pedestrians, age 65 and older.
• 70,000 pedestrians suffered injuries in traffic accidents.
• 6,000 of the injury victims were seniors, age 65 and older.
• 60% of elderly pedestrian deaths took place at non-intersections.

Common Causes of Pedestrian Accidents
• Driver negligence
• Drunk driving
• Motor vehicle defect
• Pedestrian error
• Speeding
• Talking/texting on the cell phone while driving
• Failure to obey traffic signs
• Driver inattention
Elderly people may have a harder time than their younger adult counterparts recovering from a broken hip, a fractured bone, a traumatic brain injury, a spinal cord injury, or another serious injury. Not only may senior pedestrians need more time to heal from their injuries and infections, but chronic illnesses, such as diabetes or heart disease, may create further complications.

Personal Injury or Wrongful Death
Even if Oregon police decide not to pursue criminal charges against the driver or another party responsible for causing a motor vehicle accident, the injured person or the family of a person killed in an auto crash may still be able to hold the responsible party liable in civil court.

Woman, 97, Dies After Being Hit By Car, KPTV.com, November 16, 2008
97-year-old Milwaukie woman hit, killed by car in parking lot, Oregon City News, November 16, 2008
Pedestrians Traffic Safety Fact Sheet, NHTSA
Related Web Resources:
Older Population Traffic Safety Fact Sheet, NHTSA
Focusing on the Senior Pedestrian, Federal Highway Administration

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A young Oregon couple died on Tuesday when the Jeep Wrangler they were riding in was involved in a head-on crash with a 2003 Kenworth truck. Klamath Falls residents Dotsie J. Irion, 21, and Clay J. Newcomer, 23, were pronounced dead at the crash scene on US 97.

According to Oregon State Police, the large truck, driven by Ajmer Singh, sideswiped a Dodge pickup that was pulling a horse trailer driver. The pickup was able to stop safely. However, the Kenworth, which had entered the southbound lane struck the Jeep in a head-on crash, killing the young couple.

Trucker Singh sustained minor injuries in the crash. The pickup truck driver, Merrill resident Samatha Gallagher, and her horses did not sustain any injuries in the traffic collision.

Oregon State Police are continuing to investigate the case of the deadly truck crash. The roads were reportedly covered in snow and ice when the crash happened.

Frontal-Impact Crashes
Frontal-impact crashes can lead to serious injuries for victims. In addition to head-on crashes, other examples of frontal-impact accidents include:

• The front of a vehicle crashing into the back of another vehicle.
• A vehicle crashing into a nonmoving object.
• The front of a vehicle colliding into the side of another vehicle.

Common causes of head-on crashes:

• Crossing over the centerline.
• Driving too quickly into a curve.
• Losing control of the vehicle.
• Turning directly into the oncoming path of a car, truck, bus, or motorcycle.
• Not paying attention to lane markings.
• Making wide right turns.
• Drunk driving.

Head-on collision kills young couple from Klamath Falls, OregonLive.com, November 5, 2008
Klamath Falls Couple Dies Tuesday in Highway 97 Wreck, KTVL.com, November 5, 2008
Related Web Resources:

Head-On Collisions

Oregon State Police

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In Oregon, a Portland motorcyclist lost his leg in a motor vehicle crash with an alleged drunken driver. The accident occurred on Monday morning when Robert Schlick, a barber, was riding his Harley motorcycle to work.

According to Portland police, a 1996 Jeep Grand Cherokee was driving erratically on Scholls Ferry Road when he turned a corner and moved into the oncoming lane. Schlick laid his motorcycle on the road to try and avoid being struck by the Jeep, but the impact of the motor vehicle crash left him with a shattered leg. Doctors say that Schlick may be able to use a prosthetic. Police are waiting for toxicology test results to determine whether the driver of the Jeep, 22-year-old Portland resident Paul Conklin, was driving under the influence of alcohol.

This would not be Conklin’s first arrest for drunk driving. In 2007, he pleaded no contest to DUI and underwent alcohol treatment.

Motorcycle Accidents
Motorcyclists are prone to serious injuries any time they are involved in a motor vehicle crash. Motorcycle riders only have their safety gear to protect them from the impact of colliding with a car, a truck, a bus, or a fixed object, such as a wall, a tree, or a concrete barrier.

Serious injuries in a motorcycle crash can include severed limbs, crushed bones, internal injuries, spinal cord injuries, and traumatic brain injuries.

2007 NHTSA Motorcycle Accident Statistics

• 103,000 motorcyclists were injured in the United States.
• There were 5,154 motorcycle deaths.
• 47 of the deaths occurred in Oregon.

Medical bills for treating an Oregon motorcyclist’s injuries can be very costly, and you may need multiple surgeries and rehabilitation therapy in order to recover. Taking time off from work to heal could lead to lost wages.

Portland barber loses leg in suspected DUI crash, KGW.com, October 30, 2008
Morning Beaverton Crash Under Investigation, AM 1360, October 28, 2008
Related Web Resources:

Motorcycle Traffic Safety Fact Sheet, NHTSA
Motorcycle Crashes, Insurance Information Institute

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Police in Oregon are investigating a school bus accident in which Austin Takacs, 11, died while trying to catch the bus in Oregon City. The sixth grader was running next to the school bus, which had left the bus stop, when he tripped on his bag and fell into the road. Takacs, who was struck by the bus’s rear tires, was pronounced dead less than one hour later at St. Charles Mercy Hospital.

Austin’s mother, Nancy, students on the bus, and a few neighbors witnessed the catastrophic accident. The school bus driver, 67-year-old Rita Grivanos, told Oregon police that she did not see Takacs.

A police report, however, indicates that a number of the students on the bus called out to Grivanos that the boy was running next to the vehicle, but she may not have heard them. The bus was moving at approximately 5mph when it struck Takacs.

No citations have been filed against Grivanos, who collapsed after the tragic accident and was treated at St. Charles hospital. A 2006 evaluation rated the 67-year-old driver as “outstanding” and she has regularly received high performance marks for doing her job.

Grivanos is expected to be back at work shortly. Oregon City Schools Superintendent Mike Zalar says the school district did not play a role in causing the crash.

School Bus Accidents
About 17,000 children are treated in US emergency rooms each year for injuries they sustained in bus crashes. Common causes of school bus accidents include driver negligence, inadequate safety measures, defective bus and bus parts, dangerous roads, poor weather conditions, and poorly maintained buses.

Injuries that can be sustained in school bus accidents include broken bones, traumatic brain injuries, spinal cord injuries, internal injuries, and death. School kids can also get hurt while riding a bus even if a traffic collision does not occur. Cuts and bruises can occur to kids roughhousing on the bus—especially when there is a lack of supervision—or from slip and fall accidents when getting on or off the bus.

If your son or daughter was injured in an Oregon school bus accident while riding the bus, getting on or off the bus, crossing the street as a pedestrian, or riding as a passenger in another vehicle, it is important that you explore your legal options as soon as possible.

Grief weighs heavily on boy’s family in fatal Oregon bus accident, Toledo Blade, October 23, 2008
Boy, 11, killed trying to catch bus in Oregon, Toledo Blade, October 16, 2008
Related Web Resources:

School bus injuries much higher than thought, MSNBC.com/AP, November 6, 2006
New Federal Rule to Make School Buses Safer, DOT.gov, October 15, 2008

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In Oregon City, a 26-year-old pregnant woman is dead and three others are injured following a high-speed auto collision on Saturday night. The deadly crash happened when a Toyota 4-Runner driven by Fernando Deanda Moreno, who was reportedly speeding, drove through a stop sign at the Davis and Linn Avenue intersection.

Deanda Moreno’s vehicle crashed into the Toyota Camry carrying Kay Blaser, who was two-months pregnant, and her fiancé, William Sargent. Sargent, who survived the crash with neck, collarbone, and back injuries was transported by air to Oregon Health and Science Center.

Deanda Moreno and one of the two passengers riding in his SUV were also injured in the crash. According to the Clackamas County Major Crime Teams, the 22-year-old motorist was driving drunk when the accident occurred. Following his release from the hospital, Deanda Moreno was arrested on charges of Assault and Manslaughter. Bail was set at $750,000.

Drunk Driving
Drunk driving is negligent driving that can cause serious injuries or deaths. Examples of the effects of alcohol on a driver:

• Reflexes are slowed down, which can slow a motorist’s reaction time
• Blurred or impaired vision
• Decrease in ability to concentrate
• Drowsiness
• Decrease in ability to assess distances between other vehicles and lanes
• Impaired coordination
• Decrease in ability to make decisions
Passengers injured by a drunk driver and the loved ones of victims killed in drunk driving accidents may be entitled to receive Oregon personal injury or wrongful death compensation.

Victim identified in fatal Oregon City accident, OregonLive.com, October 12, 2008
Man faces manslaughter, DUI in crash that killed pregnant woman, NWCN.com, October 13, 2008
Related Web Resources:

Driving and Alcohol, West Virginia University
2007 Alcohol-Impaired Driving Fatalities, NHTSA (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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