Personal Injury Law Update

New York Boy Struck by Car While Chasing Ice Cream Truck

It was recently reported that a 7-year old New York boy remained hospitalized in critical condition in an induced coma after being hit by a car while chasing an ice cream truck. The boy's stepfather said his wife had warned the boy not to chase the ice cream truck, but before she could stop him, the boy "opened the door and he was running."

This sad story highlights the need to watch young children carefully when they are playing outside or walking in the street. Young children just don't have the judgment necessary to identify dangerous situations and act with appropriate caution.

However, even with the best of precautions, accidents happen. What is wrong is when the likelihood of an accident is increased by the negligence of others, including the municipality responsible for maintaining the safety of neighborhood streets. In the above story, neighbors of the child described the street where the boy was hit "as an accident waiting to happen." Apparently, the street is a narrow, mile-long stretch of two-lane pavement that connects two major thoroughfares on which motorists regularly exceeded the posted speed limit of 30 mph. Many in the neighborhood feared a child would be injured at some point due to these conditions. It is unclear whether the municipality was informed of this unsafe situation and what precautions it might have taken to address residents' concerns.

For example, one April 2004 study entitled A Matched Case–Control Study Evaluating the Effectiveness of Speed Humps in Reducing Child Pedestrian Injuries and published in the American Journal of Public Health concluded that speed bumps increase the safety of neighborhood streets for children.

Transportation Secretary Announces New Five Star Rating System for Child Car Seats

Earlier this year, U.S. Transportation Secretary Mary E. Peters announced that a new five star government rating system will grade child safety seats according to various criteria in order to help guide parents and caregivers in choosing the right car seat to keep their children safe. Star ratings for 78 child safety seats currently on the market were released at the same time. Each seat was awarded an overall star rating, as well as individual star ratings in four categories: securing the child, vehicle installation features, labeling, and instructions. Five stars represent the highest rating and one star signifies the lowest rating.

To view a short video explaining the ratings, go here.

To view a short FAQ about the new ratings, go here.

To view overall ratings for a comprehensive list of child car seats currently on the market, go here.

Young Woman’s MySpace Page Subpoenaed in Car Accident Lawsuit

-Arlington, Washington- A young woman’s life changed forever in a split second, when she was involved in a horrific car accident.

She was on her way to work when another driver in an oncoming vehicle crossed the center-line striking her.  She is now in a nursing home because she cannot talk or take care of herself.

Her family has now filed a lawsuit not only against the other driver, but Chrysler, the maker of their daughter’s Dodge Spirit.  They are claiming that her injuries were partially due to a design flaw.

However, Chrysler denied the claim and have now turned their attention to the young woman.  The lawyers representing the Chrysler Company have issued a subpoena to obtain a court order to get full access to her MySpace page, which include her private blogs and personal thoughts.

The young woman’s MySpace page does have admissions to having smoke marijuana and being drunk in the past.  But despite that, the family’s attorney states there is no evidence that she had anything to drink the night of the car accident.

A Chrysler spokesperson agrees that the car accident is tragic, however believes that information on her MySpace could lead to relevant evidence.   

The family’s attorney says that she may ask the court for a protective order to keep Chrysler out of the young woman’s Mspace account, and feels, that Chrysler is now just trying to dig up some dirt on a young woman that is incapable of defending herself.

However, it is unlikely that the woman will be able to prevent the dirt from coming out in the lawsuit.  The above is a good lesson for all.  If you are going to create a MySpace page, you should assume that the information that you put in your MySpace page will become public if you ever get involved in litigation, decide to run for public office, and many other contexts.  You should not include anything that you would not want your mother to see.

Washington Drivers Skirting Law Against Texting While Driving

In early January, we published a post about the new Washington law against texting while driving.

Recently saw this video on Yahoo of a broadcast from a Washington TV station about how many motorists are willing to break the law to continue texting while driving. Part of the problem is that since texting while driving is only a secondary violation, police can't pull over a driver for doing it unless they are also doing something else wrong. This has frustrated many police who say they see drivers texting while driving on the road every day.

Design Flaw Caused Minnesota Bridge to Collapse

The media reported on Tuesday that investigators from the National Transportation Safety Board ("NTSB") have concluded that a design flaw caused last summer's collapse of a bridge in Minnesota, and that such flaw would not have been discovered during routine state inspections. The nature of the flaw related to steel structures known as gusset plates that connect the girders that supported the Minneapolis bridge. Investigators said the gusset plates used when the bridge was constructed in the 1960's were too thin to support the added weight caused by increased traffic and construction equipment and materials being used to perform renovations on the bridge at the time of the collapse.

During the construction project, sources said that state officials and contractors did not recalculate how the extra weight of the equipment and materials used might affect the gusset plates.

The collapse killed 13 people and injured over 100. 

A final NTSB report on the collapse is expected by the end of the year.

See media stories here (L.A. Times) and here (Washington Post)

Under the Influence of Texting

As of January 1, 2008, a new law against texting while driving went into effect in the state of Washington.

Texting while driving is considered to be a secondary violation.  Accordingly, police cannot stop drivers if they see drivers in direct violation of this law.

When other driving concerns are noticed or laws are broken, such as weaving or unsafe lane changes, drivers may end up with two citations instead of one.

It would be a good idea as well to start looking into hands-free devices.  Beginning July 1, 2008, the law requiring hands-free devices will go into effect. 

Below is the Washington Statute regarding text messaging while driving.

RCW 46.61.668
Sending, reading, or writing a text message while driving. (Effective January 1, 2008.)
(1) Except as provided in subsection (2) of this section, a person operating a moving motor vehicle who, by means of an electronic wireless communications device, other than a voice-activated global positioning or navigation system that is permanently affixed to the vehicle, sends, reads, or writes a text message, is guilty of a traffic infraction. A person does not send, read, or write a text message when he or she reads, selects, or enters a phone number or name in a wireless communications device for the purpose of making a phone call.

     (2) Subsection (1) of this section does not apply to a person operating:

     (a) An authorized emergency vehicle; or

     (b) A moving motor vehicle while using an electronic wireless communications device to:

     (i) Report illegal activity;

     (ii) Summon medical or other emergency help;

     (iii) Prevent injury to a person or property; or

     (iv) Relay information between a transit or for-hire operator and that operator's dispatcher, in which the device is permanently affixed to the vehicle.

     (3) Enforcement of this section by law enforcement officers may be accomplished only as a secondary action when a driver of a motor vehicle has been detained for a suspected violation of this title or an equivalent local ordinance or some other offense.

     (4) Infractions under this section shall not become part of the driver's record under RCW 46.52.101 and 46.52.120. Additionally, a finding that a person has committed a traffic infraction under this section shall not be made available to insurance companies or employers.

New Oregon Law Bars Young Drivers From Using Wireless Communication Devices While Driving

Starting today, House Bill 2872 outlaws anyone younger than 18 with a permit or a provisional driver’s license (which places limitations on the first year and a half teens have their licenses), from using a cell phone or other wireless communication devices while driving. The ban includes hands-free technology.

The only exceptions to this law are for teens who are calling for emergency response or who are operating farm equipment.

If a teen is cited for operating a wireless communication device, it is considered a Class D traffic violation and comes with a $97 fine. They may also receive a conviction on their record that counts toward the driver improvement program. With the driver improvement program, drivers can lose their licenses if they have too many accidents or tickets.

Below is the Oregon Statute for this law.

SECTION 1.

Section 2 of this 2007 Act is added to and made a part of the Oregon Vehicle Code.

SECTION 2.

(1) A person under 18 years of age commits the offense of operating a motor vehicle while using a mobile communication device if the person, while operating a motor vehicle on a highway, uses a mobile communication device and the person holds: (a) A provisional driver license issued under ORS 807.065; (b) A special student driver permit issued under ORS 807.230; or (c) An instruction driver permit issued under ORS 807.280.

(2) For purposes of this section, “mobile communication device” means a text messaging device or a wireless, two-way communication device designed to receive and transmit voice or text communication.

(3) This section does not apply: (a) To a person who is summoning medical or other emergency help if no other person in the vehicle is capable of summoning help; or (b) To a person using a mobile communication device for the purpose of farming or agricultural operations.

(4) Notwithstanding ORS 810.410, a police officer may enforce this provision only as a secondary action when a driver of a motor vehicle has been detained for a suspected traffic violation or some other offense.

(5) The offense described in this section, operating a motor vehicle while using a mobile communication device, is a Class D traffic violation.

Woman Injured in Oregon Auto Accident Due to Distraction by Child Passenger

It was recently reported that an Oregon woman was injured in a car accident involving a rollover of her Nissan Pathfinder. An investigation of the accident revealed that the driver became distracted by a child passenger, and that by the time she looked back toward the road, the Pathfinder was on the westbound shoulder where it struck the embankment and rolled at least once coming to a stop on its left side.

The story highlights the need for drivers to keep their eyes on the road at all times, especially when driving on highways.

We encourage readers to access this list of common automobile distractions inside and outside the car, and how to deal with them to avoid an accident.

The Oregon and Washington automobile accident lawyers at D'Amore & Associates understand what a significant effect an auto accident can have on your life. Contact us to discuss your accident claim and injuries. We will answer your questions and explain your options to put you at ease and get you the compensation that is rightfully yours.

Driving in Changing Weather Conditions

The days have become shorter, causing the majority of us to be driving to and from work in the dark.  Add some rain, fog and cold temperatures typical for this time of year in the Northwest, and it is a recipe for disaster or a serious motor vehicle accident.  However, changing weather doesn’t have to be.  Here are a few tips on keeping yourself and others safe when traveling.

• Tune in to your local news channels in the mornings.  Check out what the road conditions are.  You may need to leave a little earlier than usually. 

• Be sure you allow yourself enough time in the mornings to warm up your cars. Defrost your windows thoroughly.  Too often people rush out the door in the mornings, letting the windows defrost just enough to be able to peer through the bottom of their windshield.  This does not allow you to see what is around you, like the children that are walking to school or the bus stops or other motorists.

• Remember to always leave plenty of room between you and the vehicle in front of you.  This will allow you to be prepared if there was a sudden need to brake to avoid a collision especially in unfavorable conditions like wet or icy roads.

• Even though it may not be raining and the roads may not look wet.  A little moisture in the air and freezing temperatures can cause treacherous road conditions.

• During the cold seasons, be sure to have proper traction devices.  Whether it is studded snow tires or chains, you want to be prepared for snow advisories.  Traction devices may be required to travel on the roads.  Studded tires can be used in Oregon between November 1^st and April 1^st.  Other states may prohibit studded tires.

• Lastly, do not be in a hurry to get to where you are going.  When you are rushed, you are less likely to follow the speed limit and pay attention to what is going on around you.   

What Is Personal Injury Protection?

Personal Injury Protection or “PIP” as it is commonly referred to is insurance coverage that is mandatory for most automobile insurance policies in Oregon private passenger cars. It is a type of insurance designed to pay your medical bills and certain other expenses, including lost wages, in the event that you are injured in a car accident.

In Oregon, the minimum medical expense coverage is $15,000. Thus, injured drivers generally have $15,000 of medical coverage regardless of fault. This coverage is designed to pay your bills regardless of who is at fault in the accident. The main question in PIP coverage is whether your injuries are related to the auto accident.

Oftentimes, there is a dispute about fault in an auto accident. Injured parties seek the immediate medical attention that they need and incur medical bills. Meanwhile, it can take months, and even years to resolve who is at fault for an accident and to get the responsible party (or their insurance company) to pay the bills. During this time, the various medical providers have given service and rightfully deserve to be paid. Many people do not have enough savings on hand to cover costly medical bills. Depending on the medical provider, and the amount of time it takes to get the bills paid, an innocent motorist can have their credit rating severely damaged by the accumulation and non-payment of these medical bills. PIP was designed to pay the bills right away so that, regardless of fault, a motorist can avoid having their credit ruined and the hard working medical professionals can be timely paid.

One aspect of PIP that many people are unaware of is how very little additional premium they will pay to increase their PIP coverage. With most companies, for only a few extra dollars, the amount of PIP can be significantly increased. With the expense of medical testing such as MRIs and X-rays and the skyrocketing costs of staying in the hospital, having an additional $10,000 - $15,000 worth of PIP coverage can make a significant difference. It is always wise to speak with your insurance broker, or sales representative when buying or renewing your auto coverage. In addition, you should ask how much more you would have to pay to increase your PIP coverage.

From Washington to New Hampshire, Lawmakers Move to Ban Texting While Driving

In October, we blogged about the Oregon motorist who crashed into a train after using his cellphone to send a text message while driving.

Such accidents had spurred Washington lawmakers in April 2007 to become the first legislature in the nation to sign a bill into law prohibiting text messaging while driving a motor vehicle. Originally sponsored by Rep. Joyce McDonald, the bill passed the Washington State House 73-23 on March 13, 2007, passed the Senate 32-15 on April 13, 2007, and was signed into law by the governor on May 11, 2007. See the final text of the law here (PDF).

The good news is that legislation to ban texting while driving is gaining steam in more states as reported by fellow bloggers at the personal injury law firm of Labovick & Labovick. One example cited is New Hampshire lawmaker David Campbell who recently filed the paperwork for a bill to ban two-handed texting or typing on any electronic or telecommunications device while driving. According to Campbell, a police officer told him that aside from cell phone texting, some drivers are even typing on laptop computers while behind the wheel.

A truly scary statistic: according to a national survey of 1,000 16- and 17-year-old drivers released on July 10, 2007, by AAA, 46 percent send text messages with their cell phones while driving.

We hope more legislatures soon follow the example set by Washington.

Massive California Vehicle Accident Scene Involving More than 100 Cars and Trucks Blamed on Tule Fog

Those watching the news over the weekend may have read about the chain-reaction accident on Saturday in Fresno that involved more than 100 cars and trucks. Two people were killed and dozens more injured in the massive morning pileup that was blamed on a dangerous fog condition known as "Tule Fog." One officer described the scene as "something out of a movie, walking up and seeing all the cars mangled and crushed."

See further details with photos here and here.

See here for an article and video on the dangers of "Tule Fog" on the highway and how automobile and truck drivers should deal with it.

Oregon Car Accident Primer from the Oregon DMV

The website of the Driver and Motor Vehicle Services ("DMV") Division of the Oregon Department of Transportation offers a helpful summary of the responsibilities of drivers involved in automobile accident in Oregon. The information is presented in an animated slide show entitled "Accidents and Your Responsibilities" that walks viewers through required steps in the event of a traffic accident or collision such as rendering aid, exchanging information, and reporting accidents to the DMV.

Oregon Car Accident Lesson Learned: Motorist Hits Freight Train While Using Cellphone to Send Text Message

There are many ways to get distracted nowadays while driving. As a public service, we urge consumers to focus on their driving instead of their cellphones, MP3 players and other gadgets. An article today on the CBS News site proves the point: Eugene, Oregon police reported that Robert Gillespie crashed into a freight train after using his cell phone to send a text message while driving. Apparently, Gillespie tried to brake for the train, but it was too close by the time he looked up from his cell phone.

Gillespie was charged with drunken driving and careless driving. His injuries were described as not life threatening, and no members of the train crew were hurt. We assume Gillespie learned a lesson.

The automobile accident attorneys at D’Amore & Associates in Oregon and Washington understand what a significant effect an auto accident can have on your life. It can range from the inconvenience of being without a vehicle, to permanent catastrophic injury or the loss of a loved one. If you or a loved one have been involved in a serious car accident in Oregon or Washington, contact us for a free consultation at one of our offices in Portland, Bend, or Vancouver.

The Deadly Physical Forces at Play in a Motor Vehicle Accident

Was browsing YouTube and found the video below added by Georgia lawyer Matthew C. Flournoy. It walks viewers through the deadly physical forces at play in high speed car and truck accidents. Pretty scary stuff that should persuade drivers to be ALOT more careful on the road.

If you or a family member or friend has been involved in an auto accident or truck accident and require assistance evaluating a potential claim and rights to compensation for any injuries sustained, we invite you to contact the experienced motor vehicle accident lawyers at D'Amore & Associates in Oregon and Washington.

Study Recommends Children be Immediately Examined for Spinal Cord Injury After Car Accident

A study led by Dr. Harsh Grewal, a pediatric surgeon at Temple University School of Medicine and Hospital in Philadelphia, and recently published in the Journal of Spinal Cord Medicine, recommends that children involved in a car accident with any sign of external injury such as bruising should be immediately evaluated for vertebral, spinal cord and intra-abdominal injuries.

As Dr. Grewal explained, "unless physicians are diligent, spinal-cord injuries are hard to diagnose in children. In the event of a car accident, seat belt injuries such as bruising and tenderness should warrant a search for other injuries, including spinal-cord injury, vertebral fractures and intra-abdominal injuries. If spinal-cord injury is missed or not diagnosed early, the consequences can be devastating."

The attorneys at D'Amore & Associates in Oregon and Washington are experienced spinal cord injury lawyers who handle cases arising from car accidents.  If the injury has long-term consequences and was caused by the carelessness -- or negligence -- of another, you may have a claim. Aside from recovering the costs of your medical care, you may have the right to recover loss of wages, loss of consortium, pain and suffering -- and any other expenses that result from your injury.