Personal Injury Law Update

Music Star Toby Keith and Family Win Wrongful Death Lawsuit

Numerous media sources reported at the end of 2007 that country music star Toby Keith and his family had won $2.8 million in a wrongful death lawsuit arising out of a truck accident in which Keith's father, H.K. Covel, was killed (see, e.g., stories here and here). The jury awarded the damages against the company that owned the bus that collided with Covel's truck. Keith and his family had alleged that Covel would not have died in the accident had the bus had been equipped with properly working brakes.

The loss of a family member often has lasting financial and emotional consequences. The wrongful death lawyers at D’Amore & Associates have experience working with grieving families to provide compassionate representation even while working aggressively to obtain the best result.

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.   

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.

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.

Truck Accident Lawsuits: Driver Fatigue

According to the Truck Safey Coalition, there are over 5,000 fatalities a year due to truck accidents.

A frequent cause of truck accidents is driver fatigue. The U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) has issued regulations that specify maximum driving times and required resting periods for truck drivers. If a victim in a truck accident can prove that any such regulations were breached, a lawsuit can often be won in favor of the victim, or his/her survivors.

There had been concern about the impact of a pilot program under NAFTA that would have allowed Mexico-based truck drivers to cross the border and drive on U.S. highways. The fear was that since such drivers are not subject to the same hours-of-service regulations as U.S. truck drivers, their presence on American roads would increase the risk to U.S. citizens of truck accidents. However, on March 29, 2007, Congress passed the Safe American Roads Act of 2007, which sets strict limits on access to U.S. roads by trucks based in Mexico.

If you or a loved one has been seriously injured in a truck related accident, the trucking accident lawyers at D'Amore & Associates in Oregon and Washington will determine if the accident was caused by a failure to comply with applicable regulations, and if so, make sure the driver and his or her employer are held responsible for the damage caused by such failures.