Articles Posted in Wrongful Death

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A commercial truck can weigh anywhere from 17.5-40 tons (35,000-80,000 pounds.) When you compare that to passenger vehicles, which weigh only about 1-3 tons (2,000-6,000 pounds,) it is easy to see how an accident involving a big rig can do massive — and often fatal — damage. If you’re hurt — or a loved one killed — in a commercial truck accident, there may be multiple parties with potential liability, ranging from truck drivers to trucking companies to a host of insurance companies. Complex civil cases like these often are ones where a skilled Oregon truck accident lawyer can be especially helpful.

A Willamette Valley crash was one of the most recent examples of just how devastating the results can be when a trucker operates his vehicle unsafely. Due to the complexities and amount (and severity) of the injuries involved, this case will likely take years to conclude and for families to get closure.

The trucker was traveling on Interstate 5 between Albany and Salem and, according to prosecutors, “had been weaving on and off the road” as he headed northbound. As he approached the Santiam River Rest Area, he allegedly veered onto the east shoulder of the highway and slammed into a Ford Econoline passenger van, crushing it between the trucker’s rig and a parked semi. The Oregonian reported that seven van passengers died. In addition, four more van passengers were transported to a hospital via ambulance.

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A motorcycle ride offers many benefits, including the release of endorphins (a/k/a “happy” hormones.) Unfortunately, riding a motorcycle carries some drawbacks, including a substantially higher risk of severe injury or death if you’re involved in a crash. That means that the harm your crash inflicts may permanently alter the trajectory of your life and/or those of your loved ones. If you have been seriously hurt (or a loved one killed) while aboard a motorcycle, you need the services of a knowledgeable Oregon motorcycle accident lawyer to ensure you receive restorative justice.

Less than a week into 2023, a motorcyclist in neighboring Clark County, Washington, lost their life. According to a KOIN report, investigators believed that the driver of a sedan in Vancouver “was turning southbound… from a parking lot when it collided with the motorcycle.”

A few weeks later, another motorcyclist died near Portland. This time, the site was Washington County. The crash involved a motorcycle and one other vehicle on an overpass to Highway 26 in Beaverton.

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As the number of pedestrians killed on Portland’s streets continues to mount, we’re reminded that fatal pedestrian accidents can occur for many reasons. Sometimes a pedestrian makes an unwise and unsafe decision to cross a street. A lot of times, though, these tragedies are the result of negligence on the part of others. If you’ve lost a loved one because of unsafe road conditions or a vehicle driver’s unsafe driving, then your family needs the aid of a Portland pedestrian accident lawyer who can help to hold those responsible accountable for their actions (or inaction) and get you the recovery you need.

In just a two-day span last week, Southeast Portland saw a pair of fatal accidents involving pedestrians. The more recent one occurred around 10:15 pm on January 24 when a 2007 Mitsubishi SUV collided with a 59-year-old man. The accident took place on Southeast Powell Boulevard at Foster Road.

Powell Boulevard is notoriously dangerous for pedestrians and bicyclists, with multiple fatal accidents occurring along the road, as this blog has covered on numerous occasions.

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Each January, Americans pause to reflect upon the legacy of Dr. Martin Luther King, Jr. On multiple occasions, Dr. King counseled new college graduates and other audiences that “the time is always right to do what is right.” At Kaplan Law LLC we strive to do exactly that as we pursue justice on behalf of our clients.

And, as of this month, we’ve been doing it for 20 years.

During those two decades, we have represented a lot of victims and their families in catastrophic injury (and death) cases, including high-profile ones like Jed Hawk Myers. Myers died in the Yamhill County Jail after his pleas for medical attention — 19 times across five hours, to be exact — were ignored.

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When you pursue a wrongful death lawsuit, you’re seeking to hold accountable those responsible for your loved one’s premature demise. The other side seeks to avoid or minimize liability to the greatest extent possible. That defense position often entails making the litigation process as burdensome on you as possible within the confines of the law. These harsh realities serve as reminders of the importance of a skillful Oregon wrongful death lawyer, both in shouldering that burden and applying the brakes when the other side has stepped outside the confines of what the law allows.

One area where this can be particularly true is the pretrial discovery process. Defense attorneys might demand a wide array of things, including many personal medical records. Is it frustrating? Yes. Is it intrusive? Yes. Is it legal? As one recent wrongful death case that originated here in Portland demonstrates, not necessarily.

The lawsuit originated after the passing of H.D., a boy born prematurely who died of cardiac arrest at the age of five months. The boy’s mother, acting in her capacity as the personal representative of the estate, sued for wrongful death, alleging medical negligence.

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A locally renowned chef lost her life recently in a gruesome bicycle accident in a notoriously dangerous intersection southeast of downtown Portland. The chef’s death has sparked protests and a call from one city commissioner to transfer control of the area from the state to the City of Portland, according to Oregonlive.com. As Oregon accident lawyers representing bicyclists and others harmed or killed in dangerous intersection crashes, we heartily endorse options that will that create or expedite the changes necessary to make Portland’s roads safer for all users.

The fatal collision, which occurred at the intersection of Southeast Powell Boulevard and Southeast 26th Avenue saw a semi-truck hit a bicycle. The bicyclist, 50-year-old Sarah Pliner, died at the scene. According to BikePortland, the collision occurred as the driver of the 53-foot semi-truck attempted a right-hand turn from northbound 26th Avenue to eastbound Powell Boulevard.

The accident that claimed the chef’s life was far from the first for this dangerous intersection. A 2014 Powell Boulevard safety audit that the Oregon Department of Transportation commissioned listed “heavy north/south bike traffic” as one of the primary safety issues at the intersection of Powell and 26th.

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In 2018, CNBC reported that “more than 250,000 people in the United States die every year because of medical mistakes, making it the third leading cause of death after heart disease and cancer,” according to research conducted by Johns Hopkins. The Journal of Patient Safety concluded that the number of deaths attributable to medical errors actually was more than 400,000. Inevitably, thousands of those annual deaths occur right here in Oregon. Families impacted by medical negligence only have a limited period of time to pursue legal action, which is why contacting a knowledgeable Oregon medical malpractice lawyer as soon as possible is crucial.

Late last month, the Oregon Court of Appeals issued a ruling that revived a widow’s medical malpractice case against the hospital and doctors who treated her husband.

This case is a reminder of several important things, but we’ll focus on two. The first is the prevalence of fatal mistakes by medical providers. As noted above, reputable sources have placed the number of deaths in the hundreds of thousands every year. These mistakes include everything from prescribing (or administering) the wrong drug (or the wrong dosage) to leaving surgical instruments inside patients after operations to making incorrect diagnoses as a result of reviewing the wrong test results.

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When parents with young children purchase a new vehicle, they may pore over data regarding the vehicle’s safety ratings, including its safety in side-impact collisions. Unlike that new car, van, or SUV, the car seat carrying those same parents’ young child may not have undergone similarly rigorous side-impact crash testing. When a car seat fails to perform as it should in a crash and a child is injured, the law allows those families to seek compensation, and they should contact a knowledgeable Oregon child injury lawyer right away.

Late last month, the National Highway Traffic Safety Administration announced a new rule that modified the existing “Federal Motor Vehicle Safety Standard No. 213,” which is the rule covering child car seats. For decades, federal regulations required manufacturers to put their car seats through crash simulation testing that replicated a “30-mph frontal impact.” The new amendment “establishes a side impact test that replicates a 30-mph side collision, commonly known as a T-bone crash. ”

This amendment to the rule is a welcome addition, but it was a long time in coming. Congress initially called for the addition of side-impact standards to the rule more than 20 years ago, in 2000.

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The wrongful and unexpected death of a loved one can be overwhelming. It often involves grieving and caring for other affected family members. It may include having to plan final arrangements while also fielding phone calls from insurers and others seeking to obtain a quick (and cheap) settlement of your legal claims. As you deal with your family matters, rely on an experienced Oregon wrongful death lawyer to provide the assistance you need in addressing the legal matters.

This skillful representation matters because your case may involve a large amount of damages and will probably encounter a vigorous (and well-funded) opposition. A knowledgeable legal advocate can make sure everything is done properly… and on time.

Timing is a crucial element, as a recent federal wrongful death case shows. The case involved a Washington man who worked in shipyards for much of his 20s, often working with and/or near materials that contained asbestos.

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As we mentioned earlier this month, losing a loved one due to the negligence of someone with whom you entrusted them is an indescribably painful thing. As you and your family cope with the massive personal loss, there are still the legal ramifications and the financial loss your family has suffered as well. As you and your family work to heal, look to an experienced Oregon wrongful death lawyer to handle all of your litigation needs.

A skillful injury attorney is vitally important for many reasons. One of the biggest is advice and counsel about the many crucial decisions you’ll have to make throughout the process. For example… should you settle or continue litigating? Should you pursue your case in state court or federal court?

Once you’ve made a state-versus-federal court choice, an experienced attorney can fight to keep your wrongful death case in that court.

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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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