"I got into an accident and was nervous about finding a personal injury attorney after hearing so many awful stories, but from the start, I felt confident with my choice in Kaplan Law, LLC." Read More - Ben
"Matt and Gillian took great care of me during a stressful time of my life. Very caring and knowledgeable group. I would definitely recommend Kaplan Law!" Read More - Kayleigh
"Incredible service and results! Matthew Kaplan and his paralegal Gillian did an amazing job for me. Not only did they resolve my case beyond my satisfaction, they also were very caring and supportive thru my recovery. I couldn't ask for a better attorney." Read More - Jamal
Matthew D. Kaplan

by

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

Continue reading

by

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

Continue reading

by

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)

Continue reading

by

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

Continue reading

by

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

Continue reading

by

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

Continue reading

by

Ecology Center researchers tested over 1,500 popular toys for harmful chemicals, such as lead, arsenic, cadmium, and PVC, that could cause injuries to minors. Their findings indicate that out of every three toys, one toy usually contains at least one of these chemicals at “medium” or greater levels. The researchers hope their results will push lawmakers and manufacturers to begin phasing out these dangerous chemicals in toys.

Toys that were tested were purchased from Toys R Us, Target, Kmart, TJ Maxx, Babies R Us, Wal-Mart, and in dollar stores, drug stores, and online. The toys and children’s products selected for testing represent the products most often bought for children in the US. Tests were conducted using a handheld X-ray device for detecting chemicals.

Among the study’s findings:

• 20% of the toys tested contained lead.
• 3.5% of toys had levels of lead exceeding the federal government’s recall level for lead paint.
• Kids’ Jewelry has a greater chance of containing lead greater than 600 ppm.
• Arsenic at levels above 100 ppm was found in 22 products.
• 30 of the products tested had cadmium at levels higher than 100 ppm.

The Toy Industry Association criticized the group’s findings, calling them “misleading” to consumers. The association also maintained that the toy industry is highly regulated and continues to work hard to ensure that all toys for sale in the US exceed toy safety standards.

Toxic and Dangerous Toys
With the holiday shopping season already under way in Oregon and the rest of the United States, it is important that toy manufacturers and retailers make sure that any products they put out into the marketplace are safe for play and use. The Consumer Product Safety Commission has been very busy over the past two years issuing recalls for toys and kids’ products deemed defective or dangerous because they contain too much lead, are made with small magnetic pieces that can cause choking hazards, or have another kind of hazardous defect.

Toy manufacturers can be held liable for products liability, personal injury, or wrongful death if a toy causes a child to suffer an injury, get sick, or die.

One in 3 toys is toxic, group says, CNN Money, December 3, 2008
One in Three Children’s Toys Tested by Ecology Center’s www.HealthyToys.org has Significant Levels of Chemicals, Including Lead, Flame Retardants, and Arsenic, Ecology Center, December 3, 2008
Related Web Resources:

Toy Industry Association

Consumer Product Safety Commission

—–

Continue reading

by

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

Continue reading

by

A federal judge has decided that the Oregon wrongful death lawsuit against Clackamas County, the city of Sandy, and individual police officers over the death of Fouad Kaady can move forward. Kaady, a 27-year-old Portland resident, died after he was fatally shot by local police. He was unarmed at the time of the shooting incident.

Kaady’s family is seeking monetary damages for wrongful death, excessive force, and civil rights violations. The trial is expected to begin next April.

In 2005, Kaady was found bleeding, naked, and unarmed by police after he crashed his car on a rural Oregon road. Rather than calm him down, Deputy David Willard of the Clackamas County Sheriff’s Office and William Bergin of the Sandy Police Department made him lay on the hot ground and Tasered him on his back.

Continue reading

by

A Gladstone man and his 7-year-old daughter are recovering from their injuries after a 90-pound pit bull mix attacked them outside a friend’s home. Police later shot and killed the animal.

The Oregon dog attack occurred last Wednesday while 7-year-old Jayda Kempas was playing on a tire swing. Without provocation, Titan reportedly jumped up and clung to her left leg, pulling her off the swing and onto the ground.

Jayda’s father, Steven Hehr, heard screams and rushed to her rescue. The 31-year-old Oregon National Guard sergeant managed to get the pit bull to release his jaw from his daughter’s leg, but then the dog attacked him, biting his leg, hands, and chest in an attempt to grab his throat. Hehr also dislocated his shoulder during the incident.

Neighbors and friends came forward to help him, with two men hitting the dog about 40 times with an aluminum baseball bat. Two other people managed to tie straps around the dog’s hind quarters and get a noose around his neck. Clackamas County Sheriff deputies, who were called to the scene, eventually shot Titan.

Jayda sustained severe lacerations and puncture wounds on her legs. She underwent surgery for her injuries last Thursday. In addition to dislocating his shoulder, Hehr sustained bite wounds on different parts of his body.

At the time of the dog attack, Hehr’s friend Alan Clinansmith was in possession of Titan. He was trying to find a home for the animal. The pit bull belongs to Gresham resident Rick Harrison.

Oregon Dog Bite Incidents
If you or your child was attacked by a dog in Oregon, you may be able to fie a personal injury claim or lawsuit. Oregon’s “one bite rule” holds a dog bite owner strictly liable for personal injuries if he or she knew or should have known that the dog can be dangerous. Dog attacks and dog maulings can lead to serious injuries—even death.

Pit bull mix attacks 7-year-old, her dad in Happy Valley, OregonLive.com, November 20, 2008
Father Fights Pit Bull To Save Daughter, Fox 12 Oregon, November 20, 2008
Related Web Resources:

Dog Bite Liability, Insurance Information Institute, August 2008
National Dog Bite Prevention Week, CDC

Continue reading

50 SW Pine St 3rd Floor Portland, OR 97204 Telephone: (503) 226-3844 Fax: (503) 943-6670 Email: matthew@mdkaplanlaw.com
map image