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In Oregon, a Multnomah County jury has awarded the family of an Oregon family $560,000 for injuries sustained by a toddler who fell head first from the second-story duplex that her family was renting in Gresham. The girl, Isabella White, cracked her skull, suffered brain tissue loss, and experienced bleeding in her brain when her head struck the concrete pavement in April 2007. The Oregon premises liability defendants in the case were Keys Rental Management and Keys Rental Holding Co. Only the management company was found liable.

Isabella is now 4, but she was just 2 ½ when the fall accident happened. She fell through a window after her mother had opened it and the window screen gave way.

During the premises liability trial, the family’s Oregon personal injury lawyer argued that the apartment management company should have warned Isabella’s parents that the window in the duplex—just 23 inches off the ground—was a potential injury hazard for kids. Their lawyer also accused the defendant of failing to install safety devices, such as a child-safe screen, that could have prevented Isabella’s fall accident.

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A series of unrelated Oregon rollover accidents have left accident victims with injuries. In one auto crash, a Multnomah County judge sustained critical injuries after the car he was riding in rolled over when it was struck by a pickup truck. Three other people, including the judge’s two children, were also injured in the head-on collision. According to Oregon State Trooper Duane Larson, pickup truck driver Craig Gilbert lost control of his vehicle.

In another Oregon auto crash, a 5-year-old boy was killed on Saturday when he was thrown from the family’s 2000 Chevrolet Tahoe during a rollover accident on I-82 south of Umatilla. His mother reportedly lost control of the vehicle while breaking and the SUV rolled over three times.

In another deadly rollover crash, an Oregon woman died on January 17 when her car rolled over on Highway 26, close to Prairie City. According to Oregon State Police, Fredina Sue McKrola, 66, was found close to her Chevrolet Suburban. Investigators think that the auto collision happened because she lost control of her car. There were ice spots reported in the area where her accident happened.

Rollover Accidents
There are many reasons for why rollover accidents occur, including:

• Negligent driving
• Products liability
• Unsafe conditions on the road that should have been cleared out
• Multi-vehicle crashes
While some rollover accidents are the drivers’ fault, there are rollover crashes that do occur because another party was negligent. If you were a passenger injured in a rollover accident caused by a negligent driver, or if your loved one died in another kind of auto kind of accident caused by someone else’s carelessness or recklessness, you may have grounds to file an Oregon personal injury or wrongful death lawsuit to claim compensation.

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Police in Oregon say alcohol may have been a factor in a deadly Eugene auto accident that left 10-year-old Jakobi Mulgrave in serious condition and killed four other people on Wednesday. Injured in the Oregon auto wreck was the boy’s mother, 34-year-old Heather Yvonne Mulgrave, 10-year-old Jaziah Vermilyea, 34-year-old Connie Marie Vermilyea, and 11-year-old Nima Gibba. All of the victims were from Springfield, except for Nima, who is a Eugene resident.

The accident occurred at about 9:16pm at night when the Toyota Highlander carrying the victims and an Isuzu Rodeo collided. Both vehicles were totaled in the crash. The driver of the Isuzu, 24-year-old Eugene motorist Matthew N Ellmers, was listed in serious condition at a Springfield hospital as of yesterday.

The deadly auto crash happened at an intersection where there is a 4-way traffic signal. One teenager says the cement building she was in shook when the vehicles collided. The Highlander reportedly flipped into the air following the crash and drove into a utility pole.

According to The Register-Guard, multi-vehicle crashes don’t happen very often in Eugene. The last time local police investigated an auto accident death involving more than one victim was in 1978.

According to the state’s Fatality Analysis Reporting System, there were five Oregon multi-vehicle accidents involving at least four fatalities in 2007 and 2008.

Multi-Vehicle Collisions
Proving liability and obtaining personal injury or wrongful death recovery in a multi-vehicle crash can be complicated—unless you are working with an experienced Oregon car accident lawyer who knows how to properly investigate your case.

Accident reconstructionists, medical specialists, accident investigators, and other experts may have to be called in to investigate all of the evidence to determine fault and figure out how much compensation you should receive. If you or someone you love was injured in a multi-vehicle Oregon auto accident—do NOT try to negotiate an agreement with the other parties’ insurance companies or their legal representatives without seeking your own legal counsel.

Police need public’s help with investigation of crash that killed 4, KVAL, January 23, 2009
Accident Touched Lives of Many, The Register-Guard, January 23, 2009

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Beginning January 1, anyone younger than age 16 is only allowed to operate an all-terrain vehicle while under adult supervision. All ATV operators, regardless of age, must complete an Oregon-approved safety training course. Young ATV operators must also meet rider-fit guidelines, as well as minimum physical size requirements involving leg length, brake reach, handle bars, and grip reach.

The new rules come after an increase in the number of young ATV riders that are injured in accidents. According to the US Consumer Product Safety Commission’s National Electronic Injury Surveillance System-All Injury Program, from 2001 to 2003:

• 108,724 ATV riders younger than 15 required medical attention at a hospital for nonfatal injuries.
• Male ATV riders, 11 – 15, made up 52% of these visitors.
• Common nonfatal ATV injuries include facial injuries, foot injuries, leg injuries, and fractures.

At least 107 young riders died in ATV accidents in 2007. Last year, the Consumer Product Safety Administration introduced the Consumer Product Safety Improvement Act of 2008, which requires ATV manufacturers to comply with ATV standards and develop an ATV Action Plan regarding training, safety, ATV manuals, hang tags, labels, and other requirements.

While there are steps that consumers can take to protect young riders from getting hurt when riding ATV’s, manufacturers must also take steps to prevent injury accidents by making sure that their products are free from defects or flaws that can lead to injury accidents. They must also make sure that they warn users of the potential hazards that coming with riding an ATV. The Oregon Trauma Registry says some 1,200 young ATV riders have been injured in the last five years.

Oregon Imposes New ATV Rules, NewsInferno, January 6, 2009
ATV Injuries and Deaths Continue to Rise, ConsumerAffairs.com, October 28, 2008
Related Web Resource:
Consumer Product Safety Act of 2008

ATVs, Oregon.gov

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This week, the National Safety Council (NSC) issued a call for a US-wide ban that would prohibit motorists from using cell phones while driving. The consumer safety organization says it will lobby all 50 US states and Washington DC to implement laws that ban the use of both hand-held and hand-free cell phones and text messaging whenever a driver is behind the wheel of a motor vehicle.

The NSC says that there is now clear scientific evidence to show that use of a cellular phone while driving increases the risks of the driver becoming involved in a motor vehicle crash. According to the Harvard Center of Risk Analysis:

• 6% of traffic accidents (636,000 motor vehicle collisions) that occur each year happen because someone was using a cell phone.
• 330,000 people were injured in these accidents.
• 12,000 of the injuries were serious.
• 2,600 people died in auto collisions that involved cell phone use.

According to researchers at the University of Utah, over 100 million people talk or text message on cell phones when driving. Dr. Gavin Melmed of Baylor University Medical Center in Waco, Texas agrees that legislation, more education, and enforcement are needed to get people to see how cell phone use, like driving without a seatbelt and drunk driving, is unacceptable behavior while operating a vehicle.

While certain US states have a ban on handheld cell phones, no state has completely banned the use of all cell phones while driving. Oregon law bans drivers younger than 18 from talking or text messaging on a cell phone while driving. However, in order to be cited for violating this law, the use of the cell phone must be a secondary offense. This means the young or novice driver had to have violated another law by, for example, speeding or drunk driving. Oregon police officers say that enforcing this law has proven challenging. As of January 8, there were no records of citations in Portland, Eugene, Pendleton, and Bend.

The Insurance Institute for Highway Safety says drivers who use cell phones when operating their vehicles quadruple their chances of becoming involved in a motor vehicle crash. Cell phone use while driving is a form of driver inattention.

National Safety Council Calls for Nationwide Ban on Cell Phone Use While Driving, NSC.org, January 12, 2009
Ore. teen drivers not cited, year after cell-phone ban, KTVZ, January 8, 2009
Related Web Resources:
Cellphones and Driving, Insurance Information Institute
Cell Phone Driving Laws, Governors Highway Safety Association

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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 Virginia Graeme Baker Pool and Spa Safety Act has finally gone into effect. The new law mandates that all public pools and spas be fitted with a federally approved anti-entrapment drain or grate cover to prevent people from getting caught by the suction and drowning. Children are especially at high risk of suffering a fatal injury when getting caught in a swimming pool, wading pool, or hot tub drain.

The law is named after the granddaughter of former US Secretary of State James Baker. Virginia, 7, drowned in 2002 after she sat on the floor drain of a hot tub. Her mother, Nancy Baker, tried to pull her daughter from the drain but to no avail.

Last March, 6-year-old Abigail Taylor died nearly nine months after the suction from a wading pool drain pulled out part of her intestinal tract. She had to undergo liver, small bowel, and pancreas transplants and suffered complications before her death.

The design of the approved dome shaped drain covers should keep the human body from being suctioned by a pool or hot tub drain. Schools, recreational centers, hotels, health clubs, and apartments are among those affected by the new law. Some pool owners and managers, however, are complaining that drain manufacturers have not been able to keep up with the demand for these federally approved designs, which is making it harder for compliance to occur. Hopefully, these drains should be in place in spas and pools throughout Oregon when the hot weather returns.

Pool Entrapment Accidents
According to Safe Kids USA, about 100 children in the United States sustained serious injuries and at least 33 children younger than 14 died because of entrapment by a pool or spa drain between 1985 and 2004. Serious personal injuries can include body entrapment, massive internal injuries, traumatic brain injuries, drowning, and wrongful death.

If you or your child was seriously injured in a pool entrapment accident, you may have grounds to file an Oregon premises liability claim or products liability lawsuit against the liable party.

New Federal Pool Safety Law to Take Effect, KOHD, December 11, 2008
Pool drain safety covers required today, but supply is backlogged, Sacramento Bee, December 20, 2008
Federal drain law forces pool closings, Boston Herald, January 5, 2008
Related Web Resource:
The Virginia Graeme Baker Pool and Spa Safety Act (PDF)

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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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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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