PIP Covers All Drivers Who Drive With Car Owner’s Permission

The State of Oregon Court of Appeals recently heard such a case, where Geico Insurance Company was the defendant in a case taken by Brandon Sheptow (Sheptow v. Geico Gen. Ins. Co., 246 OR App 18 (2011)). This case sets a precedent that anyone driving a car (with the owner’s permission) will be covered under the insured owner’s Person Injury Protection coverage.

The undisputed main facts of the case are:

• Sheptow was injured in an accident whilst driving his mother�s car.
• Sheptow had permission to drive the car.
• The other driver was the negligent party.
• Sheptow was not living in his mother�s house at the time of the accident.
• Sheptow was not named on his mother�s policy at the time of the accident.
• Sheptow sought benefits under the policy for medical expenses and lost wages.
• The original trial found that Sheptow was entitled to cover and awarded him $24,224. (more…)

Portland Rollover Accidents Are Still a Problem

If a traffic accident that injures or kills drivers and passengers could have been prevented long before the accident took place, is it right to still call it an accident? If a design flaw causes a vehicle to roll over after a tire blows out or when a driver makes a sudden turn for whatever reason, and the people who designed the vehicle knew this could happen, is it the driver or the designer who is responsible for the crash?

Portland rollover accidents have had a worrying tendency to involve certain makes and models – and the people who designed these vehicles have known for more than two decades of the car�s potential to roll over in even relatively minor accidents.

From Bronco to Explorer

For more than a quarter of a century, going back to the March 1983 introduction of The Bronco II by Ford, which was the predecessor of the current Explorer range, there have been a mounting array of alarming facts relating to Ford Explorer rollover accidents. Even more worryingly, there are still thousands of Ford Explorers of various ages on Oregon roads with documented stability problems. Across the country, the figure runs to millions, and the accidents just keep on coming.� In the last month alone, for example:

• A Kentucky teen driving a 2000 Explorer veered off the road. The SUV rolled over, and the 16-year-old ended up in the hospital.
• A 23-year-old Maine driver was in his Explorer when it hit a patch of black ice. The driver lost control, but instead of just skidding, the Explorer rolled over and ended up in a ditch. (more…)

Gathering Your Oregon Medical Records

In the case of an Oregon traffic accident where someone has been hurt, a Portland injury lawyer will not only want to see his client�s medical records, he or she will also know what to do with them to help their client�s case.

A recent study has shown that most patients would like access to their medical records, but the same study shows doctors aren�t quite so sure it�s a good idea. What�s not widely known is that every patient in America has a legal right to see their records, but very few people know how to go about getting them. If they ask the doctor, and the doctor seems reluctant or isn�t immediately forthcoming, many people give up, not knowing that they can insist.

The reasons given by doctors for not being eager to share their notes with patients are a concern that seeing the notes will actually lead to the patients worrying unnecessarily about their conditions. Doctors also said patients having access to their records will lead to an increase in time-consuming questions between visits, something the doctors seem anxious to avoid.

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Injury Lawyer Portland, Victim of Driver Running Red Light

This is a real story about one of our real clients. All names of individuals have been changed to protect the innocent and the guilty alike. But names of insurance companies are real, and the details of what happened have not been changed.

“Danny” was driving in NE Portland when another driver ran a red light. This driver hit Danny, and then continued on to hit several other cars as well. The accident cause Danny to lost consciousness after being hit, and was taken by ambulance to the hospital. There, he was Xray-ed and diagnosed.

Due to continuing pain in his chest, neck, and back Danny was forced to seek treatment from a chiropractor, a massage therapist, and an acupuncturist. Danny was most concerned, however, about the headaches, loss of sleep, and shooting pains in his right leg � all signs of a more serious head injury.

Danny�s car was totaled, and although he got a rental car, the rental was only available for a limited amount of time – and insurance for the bad driver (Farmers) had not yet paid for his property damages.

With these concerns about a head injury and needing compensation for his car, Danny decided to seek legal advice from an experienced car accident attorney in Portland. He starting asking around and heard about Shulman DuBois LLC�s reputation for treating all clients with personal attention.

As of Jan. 1, 2012, Work-Related Calls No Longer Allowed on the Roads

Oregon legislators have moved to close loopholes in previous laws that allowed motorists to use cell phones for work purposes while driving. In May, 2011, HB3186 was passed by a vote of 39 to 17, now making it illegal for all drivers on Oregon roads to use cell phones unless they are summoning emergency help, such as police, firefighters, an ambulance or a tow truck.

The new law came into effect on January 1, 2012, and this follows new federal legislation which recently introduced a ban on commercial truck drivers using cell phones. Portland truck accident attorneys point out that in 75% of truck vs. car/SUV/pickup truck accidents, it�s the actions of the four-wheel driver that have been deemed to cause the accident. This fact, among others, has led to mixed reviews from both drivers and lawmakers to Oregon�s HB3186.

�I think we�d be chasing our tails to oblivion trying to outlaw stupid.�

That was the opinion of Oregon Rep. Kim Thatcher, who pointed out that other states still allow the use of cell phones while driving, and she couldn�t find any data to show texting bans have reduced traffic accident levels anywhere. Under HB3186, texting is completely banned for all drivers in any situation. Other legislators felt the bill was an unnecessary addition to laws that already make it an offense to drive while distracted. ��I do not believe that we�ll ever get this problem solved other than to get people to be responsible for their own actions,� said Rep. Tim Freeman.

There were also vast differences in how professional truck drivers feel about the ban on cell phones. While the law has been widely accepted in trucking circles, there�s a certain element of �what about the other guys?� One professional truck driver wrote to an industry forum and said he was fed up with hearing that the �feds� can�t do anything with the �four-wheelers� (drivers of cars, SUV�s and pickup trucks). The trucker went on to say, �If they�re gonna travel the same roads I do, they can follow the same laws.�

Now that HB3186 is in effect, the fact is that all Oregon road users are banned from using cell phones while driving. Other states have followed suit, but not many. Less than a dozen states have put a complete ban on cell phone use. Even then, however, the law seems to favor private motorists as opposed to commercial truckers. In California, for example, a four-wheel motorist can receive a fine as low as $20 plus fees for using a cell phone while driving. In contrast, truckers face fines of up to $2,750 for each offense. Portland truck accident attorneys understand that a distracted truck driver has the potential to do incredible damage, but recognize that private motorists also have their part to play in keeping roads safe.

Who�s going to enforce the new laws against work-related calls?�

The Federal Motor Carrier Safety Administration made the rule regarding the prohibition for truck drivers, but they don�t actually have any officers out on the roads, spotting the rule breakers and writing tickets. They rely, therefore, on local and state agencies to enforce the laws. The problem with that policy is the large number of states that have no law prohibiting cell phone use. Some, like Missouri, have given notice they will be implementing the federal ban on truckers using cell phones on their roads.

While the new laws apply to everyone in Oregon, the federal laws aren�t as comprehensive. Smaller commercial trucks used for delivery, for example, would be exempt from the national ban on cell phone use. The federal legislation is aimed at large trucks involved in interstate commerce, and those hauling hazardous materials.

Use of CB and Hands-Free Radios Still Allowed�

Some drivers found it both interesting and ironic that there�s nothing in the new laws, including Oregon�s HB3186, which bans the use of CB radios. One professional driver said, �The CB is way more distracting (and) annoying than a cell phone.� Truck drivers feel that because there is no way of recording whether or not a CB was being used to make or receive a call when an accident occurred, unlike cell phones, it simply wouldn�t be feasible to create or enforce legislation against their use.

Portland truck accident attorneys have seen the damage done to property and people by drivers who have been distracted while talking on a cell phone. Opinion is divided on whether or not hands free devices are the answer, as studies seem to point out that even these will not prevent a driver from losing some level of concentration on what�s happening around him. Nevertheless, it�s believed in-dash technology on both trucks and cars will soon develop to the point where all new vehicles will be set up for drivers to make and receive calls without taking their hands off the wheel.

The trucking industry is already heavily legislated, and most professional drivers feel safety is the absolute bottom line. The American Trucking Association has welcomed the national ban on truck drivers using cell phones, and in Oregon, HB3186 has made it illegal for anyone to talk or text while driving. There�s no question, however, that �stupid� just can�t be outlawed, and as long as that�s the case, accidents will happen and people will get hurt. If you have been injured by a truck driver, whether or not he or she was on a cell phone, it�s important that you contact a team of Portland truck accident attorneys, who will protect your interests and deal with the trucking firm�s insurance company. Choose a firm which has experience of this type of accident, who will guide you through the process step by step.

Breakthrough in Healing Traumatic Brain Injury

Traumatic brain injury is one of the most devastating things that can happen to the victim of a traffic accident. The physical effects are horrific enough, but every good brain injury attorney could also testify to the long term financial, emotional and psychological damage done; not just to the victim, but also to their extended family.

Until very recently, it was more or less accepted that damage to the brain was irreversible, in spite of constant research into new therapies and techniques to treat brain injuries. Stem cell research has tantalized scientists, because when used on animals, stem cell implantation has been shown to substantially improve brain function, but exactly how stem cells can aid in healing traumatic brain injuries has remained something of a mystery.

What exactly are stem cells?

In the simplest terms, stem cells are �young� cells that are still in the process of developing but have not yet taken their final form. Scientists have been working on ways of using these �blank� cells as building blocks which can be used to repair or even replace damaged cells in virtually any part of the body. No one knew precisely why these stem cells could be manipulated, but University of Texas Medical Branch (UTMB) researchers have gone a long way towards solving that scientific puzzle. They have identified key molecular mechanisms that allow stem cells to assist in recovery from brain injuries. (more…)

Portland Bicycle Paths and Trails Used More Than Ever

Getting out and about on a bicycle is becoming increasingly popular in Portland, and especially on the city�s multi-use paths and trails, according to information just released. Cyclists seem to be doing more recreational riding than ever, and using paths, lanes and corridors designed to keep them away from traffic would appear to be the method by which they will avoid the need of the services of a Portland bike injury lawyer.

Annual trail use has grown steadily from 2008 (the first year these statistics were taken) to the end of 2011. While there was a slight dip between 2009 and 2010, officials are putting that down to the very heavy rain that fell during the time the counts were being made in 2010.

The counts were carried out as part of the National Bicycle and Pedestrian Documentation Project and were carried out simultaneously in conjunction with Metro and 13 other cities and counties in Oregon and southwest Washington. It is hoped that the survey�s findings will help secure grant funding for construction of future bike paths, as well as giving an idea of where those trails should be situated. The numbers also give a good indication of the return on past investments, and the direct feedback from cyclists is a good means of identifying things that have been done right, as well as highlighting areas that need improvement. The figures that came back indicate bicycle trails and paths are more popular than ever.

Volunteers set up a total of 107 different counting stations throughout the 14 different regions. Cyclists were asked to fill out a questionnaire with a variety of information. When all the details were correlated, the results showed that:

• The number of people using bicycle trails and multi-use paths in the region came to 25,229, a massive increase over the 2010 figure of 19,277. Even given the appalling weather conditions when the 2010 counts were taken, the 2011 figure is still up considerably from the previous high of about 22,000 in 2009, and well up on the 2008 figure of around 17,000 riders. (more…)