Portland Personal Injury Blog

For those of you who haven’t been following this, talking on a cell phone while driving is worse than driving drunk.

The scientist who first discovered that talking on a cell phone while driving substantially increases your risk of crashing got an interesting write-up in the New York Times.

We’ve written extensively, and early, about the dangers of driving while distracted, whether by talking on the phone, texting, or otherwise. But how do we use this information to protect the innocent?

When someone has been seriously injured, an injury with lifelong effects, there is often not enough insurance money to cover the necessary care. For example, a person who is paralyzed, or who becomes paraplegic in an accident may require millions of dollars of medical care over his or her lifetime. Many drivers in Oregon only have $25,000 of insurance. This is not even enough to cover a broken arm, let alone a lifetime of care.

One of our jobs is to get to the bottom of who is responsible. And if a serious injury has resulted, we hope that person or corporation has high insurance coverage too.

For example, in 2004 a Virginia lawyer killed a teenager late at night while using his cell phone for her law firm’s business. She never even saw the girl she killed. The firm itself was held responsible and settled.

In another example, International Paper Company settled a lawsuit for $5.2 million when one of their employees, driving over 70 m.p.h. while using her company-issued cell phone, rear-ended her, resulting in injuries severe enough to cause an amputation.

If someone is injured by a driver who is talking on his or her cell phone (or texting), one of the early questions to ask is, “Who were they talking to?”

If they were talking for work – and particularly if the person’s workplace encourages or requires them to talk while driving – then the workplace may be partly responsible for the Oregon cell phone car accident. And if the workplace has a million dollar insurance policy, then the person who was severely injured in that crash may be able to get the medical care he or she needs from that insurance policy.

It’s important to get to the bottom of things. To chase down the facts. Who was the cell-using driver talking to? Where did the drunk driver get served? Who loaned the car to the person with a suspended license who later crashed.

Date: July 19, 2010
Location: Highway 99W, Newberg, Oregon
Names: Nathan Dirk Hext, Casey Niles Binkerd, Ina May Benuche, Ivan Louis Langley, Joshua David Reimer

A tragic crash that killed two teenagers and injured two seniors July 19, 2010, was the result of excessive speed, but not street racing, Newberg-Dundee police told KOINLocal6, putting to rest the rumors that have flown since the accident.

The three-car crash occurred on Highway 99W in Newberg, Oregon, around 2:50 PM. According to the Newberg Graphic, witnesses saw two cars, a Honda and a Dodge, speeding southwest on the highway toward Dundee, when the cars skidded at a railroad crossing and the Dodge may have clipped the Honda. The Honda then spun into an oncoming minivan.

A witness told police it looked like the cars were racing, starting the rumors.

The driver of the Honda, Nathan Dirk Hext, 18, of Newberg, was pronounced dead at the scene.

Also riding in the car was Casey Niles Binkerd, 15, of Dundee. Binkerd was critically injured and airlifted to OHSU in Portland for brain surgery. Despite physicians’ efforts, Binkerd died at the hospital.

The driver of the minivan, Ina May Benuche, 70, and passenger Ivan Louis Langley, 81, both of Amity, were taken by ambulance to Providence Newberg Medical Center with non-life threatening injuries.

Joshua David Reimer, 24, of Newberg, the driver of the Dodge, was stopped by police immediately after the crash and cooperated with investigators. His car was not damaged. Police have determined that Reimer was not involved in causing the crash, and he will not be charged.

Police found that Hext was traveling at excessive speed and lost control on the curve. He over-corrected and crossed the median, striking the oncoming minivan.

On Facebook, a memory page dedicated to Binkerd had over 1,000 members, with a family member posting: “I miss you buddy, you are a great little brother. I know you would hate me crying for you but I can’t help it. I just miss you, but I know I’ll see you again someday on the other side if I make it to where you are ”

According to an obituary on OregonLive.com, Binkerd was starting his sophomore year at Newberg High School. He loved sports, including swimming and tennis, and was an active member of his church. He was a creative young man who enjoyed making people laugh. He will be missed by family and friends, including his parents, Kerry and Kristin Tokstad Binkerd, a brother, three sisters, and many others. Memorial gifts may be made to the Casey Binkerd Memorial Scholarship Fund at Joyful Servant Lutheran Church.

Hext is remembered as well, with a page on Tributes.com, where a friend posted a note to the family, “Remember the good times.”

We send our sincere condolences to Binkerd’s family, and Hext’s as well. We also send our thoughts to Benuche and Langley, and hope that they are soon on the way to a full recovery, and we are glad that Reimer was not injured.

As Oregon auto accident attorneys, we are relieved that speed racing was not involved in this crash, but it is still too common, and it can be deadly. Edmunds.com notes that no one really knows the full extent of the problem, because it is difficult for accident investigators to distinguish between street racing and reckless driving, but using NHTSA figures, it is possible to estimate that between 1998 and 2001 there were 399 deaths due to street racing.

But even if you’re not racing, speeding by itself is a life-and-death matter. In fact, it could be worse than driving drunk! The Oregon Department of Transportation’s Traffic Crash Summary reports that in 2008 alone, speed-related accidents killed 216 Oregonians. That number far exceeds the amount of drunk-driving fatalities!

Why do people speed? To get somewhere quicker? Shaving a few minutes off your trip is not worth the risk of potentially harming or killing another innocent driver or passenger. For the thrill?

If you’re tempted to get somewhere faster by driving over the speed limit, remember that law enforcement is in full effect, and the Oregon State Police are continually looking for ways to both protect the innocent and punish those who endanger lives. If caught, you could lose your license, receive an expensive ticket or go to jail.

The risk is too great—lives can be lost as well as licenses and the ability to operate your own vehicle. It’s not worth it.

Sometimes, though, you can do all the right things and still find yourself injured in a car crash. Shulman DuBois LLC represents victims with injuries resulting from accidents. Our clients deserve representation with our experience, sensitivity and tenacity. Should an unfortunate episode find you or someone you know in need of representation as a result of an accident related injury, the best thing you can do for yourself is to get educated by reading our Frequently Asked Questions, exploring our Library, or ordering your free copy of 7 Common Mistakes That Can Wreck Your Oregon Accident Case. If you still have questions, contact us.

I don’t think I really admitted to myself that I was bullied until my own children entered grade school. All these years I’ve been telling myself it was just a normal part of growing up. That being picked on made me stronger. Even that it was good for me: that my “outsider” status contributed to my studying hard, getting good grades, and eventually making it into law school.

But once my own boys got close to school age, I had to rethink this attitude. I was forced to stop lumping a whole set of experiences under “character-building” or “normal growing pains” and start looking at what actually happened.

I remember one time, I must have been about 10 or 11 years old. I was at my friend Eric’s house. There was a kid – a bully – whose name I have blotted from my memory. Bully had me and Eric so scared that we were literally afraid to leave the house. We spent our entire “playdate” strategizing about what to do if he came to the house. I thought we should call 911. Eric thought that we should be ready with knives from his parents’ drawers.

Bully had been specific. He said that he would get his friends together – they were a rough bunch, Bully’s friends – and they would surround us and break our arms and our legs and poke out our eyeballs and make us eat them.

In addition to discussing self-defense that day, Eric and I also debated whether he would really make us eat our own eyeballs, or if he was exaggerating. Eric thought he would really do it. I thought he was exaggerating, and that really he would probably stop after breaking our arms and legs. And maybe kicking us in the face until our faces bled.

Imagine being 11 and actually believing this. Now imagine spending your life thinking this was normal childhood activity. Or maybe you don’t have to imagine. Maybe you just have to remember.

I didn’t want to remember, but as my children reached school age, I had to think seriously about the possibility that they would be bullied, or that they would bully other kids.

Then came the death of Phoebe Prince. Maybe you remember this poor 16 year old girl who hanged herself after suffering intense bullying at her school just west of Granby, MA. The state of Massachusetts created new anti-bullying laws four months after her death. Oregon, ahead of the curve, has had anti-bullying laws on the books since 2001, and the laws were strengthened, coincidentally, about 6 months before Phoebe Prince’s death.

Oregon’s anti-bullying laws are ORS 339.351 to 339.364. The laws require every school district in Oregon to adopt policies prohibiting harassment, intimidation, bullying, and cyberbullying. The districts are encouraged to consult parents in developing these policies.

As a lawyer, maybe I’m supposed to be happy about these laws. I suppose I am. But the truth is, I think they’ll do about 1% of the work. Kids can’t be left to deal with this on their own. The other 99% is going to have to come from parents and teachers. Mostly parents. I’m trying to talk to my boys about it. It’s really hard. I don’t have any reason to believe they’re being honest with me. My parents were open, honest, and loving. I still lied to them about bullying because I was ashamed and I was quite certain there was nothing they could do that would help.

But still, I’m talking to my boys. I’m doing the best I can. I hope you’ll join me. If you are moved to share your own story, we welcome your voice. Send it to me directly by email to and I’ll post it with my story on our website.

Let’s not wait until another child dies, and let’s not sit idly by while so many are unnecessarily scarred.

Date: July 22, 2010
Location: Highway 30 & Old Portland Road near Warren, Oregon
Names: Kristina Brixey, Joseph L. Brixey, Douglas A. Heckman,

A 23-year-old woman died and her husband was injured July 22, 2010, in a car-truck crash at the intersection of Highway 30 and Old Portland Road near Warren, Oregon, according to an OSP press release.

Around 5:30 AM, a Honda Civic driven by Kristina Brixey, 23, of St. Helens, pulled out from a stop sign on Old Portland Road into the path of an unloaded dump truck heading north on Highway 30. The dump truck, driven by Douglas A. Heckman, 37, of Scappoose, struck the driver’s side of the car.

Kristina Brixey was pronounced dead at the scene. Her husband, Joseph L. Brixey, 21, who was a passenger in the car, was taken to Legacy Emanuel Hospital with non-life threatening injuries.

Heckman was not injured.

All occupants of both vehicles were using safety restraints.

OSP troopers from the St. Helens work site are continuing to investigate.

We send our most sincere condolences to Kristina Brixey’s family, including her husband, Joseph, and we hope Joseph recovers from his injuries and is home from the hospital soon.

As Oregon car and truck accident lawyers, we’ve seen many examples of how important it is for both car drivers and truck drivers to be especially alert when sharing the road.

According to a 1994 Federal Highway Administration report, an unloaded dump truck can weigh over 24,500 pounds. Compare that to the average compact car, at approximately 3,000-4,500 pounds.

When a car and a truck collide, the car loses. In fact, according to Autos.com, in car-truck crashes, 78 percent of fatalities are car occupants.

If you’ve been in a crash, you probably have many questions. It’s a time when you should be with your family, and taking care of yourself. But often we have financial worries – medical bills, insurance policies, lost wages. How will you and your family get through it? Fortunately, victims have resources. That’s why we’re here. We’re not ambulance chasers; we’re lawyers who feel it is our duty to help injured people deal with the insurance companies. And the first thing you should do after getting the medical help you need is to go to our website – not to give us your business, but to read our free tips, download helpful documents, or request a free copy of our book. And if that’s not enough, you can always contact us to ask us any questions.

Date: July 21, 2010
Location: I-5 near Albany, Oregon
Names: Lela F. Andrews, Forrest K. Keeler, [Unknown]

On July 21, 2010, a highway crash injured six people, including four minor children. The crash occurred on I-5 near Albany, Oregon, around 4:20 PM, according to a report in The Oregonian.

Lela F. Andrews, 57, of Scio, was driving north in the left lane when she encountered heavy, slowing traffic. She attempted to change lanes, but was not able to do so safely, and the van she was driving crashed into the back of a pickup being towed by a motor home. The motor home, driven by Forrest K. Keeler, 54, of Coos Bay, was traveling less than 10 MPH at the time of the Oregon car crash.

The impact caused the van to roll multiple times, finally coming to rest in the left lane, while the motor home and pickup came to a stop in the right northbound lane.

Andrews and five other occupants of the van, including four minor children, were taken to area hospitals. The extent of their injuries was unknown, but they were believed to be non-life threatening. The names of the passengers were not available.

Keeler and his passenger, who was not identified, were unhurt.

State police are continuing to investigate the crash.

We send special wishes to Andrews, Keeler, and everyone involved in this accident, especially the children. We hope you recover quickly.

Any time someone is injured in an accident, it is tragic. And sometimes, not even the police know exactly what happened. But your injuries are very real–and so are your medical bills. If you have been injured in a car crash and are wondering how to find a good Oregon personal injury lawyer, we have information on choosing the right law firm for you, and rules to know when looking for an attorney. If you have any questions after an accident, let us know.

Date: July 15, 2010
Location: Highway 30 near Warren, Oregon
Names: Michael E. Church, Julia A. Rice, Lisa K. Patterson, John M. Yaskovic

Three people were injured in a chain-reaction four-car crash on July 15, 2010, around 3:05 PM, on Highway 30 near Warren, Oregon, according to an OSP press release, and troopers are looking into the possibility of drowsy driving as a contributing factor.

The crash started when a southbound Honda Civic driven by John M. Yaskovic, 67, of Carlton, crossed the highway and entered oncoming traffic in the northbound lanes, where it struck a Ford Explorer driven by Michael E. Church, 35, of Deer Island. The impact caused the Ford Explorer to spin around, and it hit a Honda Accord driven by Julia A. Rice, 32, of Scappoose, before flipping over several times and landing on its wheels in the northbound lanes. The Honda Civic then crashed head-on into a Chevrolet Cobalt driven by Lisa K. Patterson, 45, of Aloha.

Yaskovic and Patterson both sustained serious injuries, and were taken by ambulance to Legacy Emanuel Hospital.

Church had minor injuries. He was treated and released from Legacy Emanuel Hospital.

Rice and her 7-year-old daughter were not taken to a hospital.

All involved drivers were wearing safety restraints.

State police are continuing to investigate, including the possibility that driver fatigue may have contributed.

We send our thoughts to everyone involved in this crash, with special prayers to Yaskovic and Patterson as they recover. We also send wishes to Church, and our hopes that there will be no lasting problems from this crash. And we send Rice and her 7-year-old daughter our very best; we are so glad you escaped without serious injuries, and we hope you are doing well now.

According to the National Highway Traffic Safety Administration, driver fatigue accounts for thousands of crashes each year. NHTSA data in 1996 showed that driver drowsiness contributed to around 56,000 crashes per year, resulting in a yearly average of 40,000 injuries and 1,550 deaths. The agency further noted that these figures are low due to under reporting.

Risks for drowsy driving include sleep loss, driving between the hours of midnight and 6 a.m., driving a substantial number of hours in one day, driving in the mid-afternoon hours (especially for older drivers), and driving for long periods without taking a break. The use of sedating medication, including over-the-counter drugs, can also add to the risk, as can alcohol, as well as untreated or undiagnosed sleep disorders. These factors are cumulative; if more than one applies, the risk is even higher.

How to Avoid Drowsy Driving

• Plan to get sufficient sleep.
• Do not drink any alcohol at all when you are tired.
• Limit driving between midnight and 6 AM.
• If you become sleepy, stop driving immediately. Let a passenger drive, or pull over and get adequate sleep before driving again.
• In the short term, it can help to take a 15 to 20-minute nap and drink two cups of coffee.
• Do not rely on opening a window or turning up the radio. There is no evidence that these work.

Many questions arise out of a car crash. And unfortunately, our minds don’t often focus on recovering; they usually go directly to the financial – medical bills, insurance policies, lost wages. How will you and your family get through it? Fortunately, victims have resources. That’s why we’re here. We’re not ambulance chasers; we’re Oregon car accident lawyers who feel it is our duty to help injured people deal with the insurance companies, so that you can focus on healing. And the first thing you should do after getting the medical help you need is to go to our website – not to give us your business, but to read our free tips, download helpful documents, or request a free copy of our book. And if that’s not enough, you can always contact us to ask us any questions.

Accidents can happen in a matter of seconds, and no one expects that they will ever be involved in one. This is why it is not always easy to know what to do after being injured in an accident.

The first step in making sure that you avoid some common mistakes that could wreck your personal injury case is getting a hold of helpful information. You should find out what legal time limits may apply to your case; how what you say or don’t say to your doctor can make or break your case; and how much your case is worth.

To find out more about how to be successful in obtaining the money that you deserve after being injured in an accident, please watch the video below:

Date: July 11, 2010
Location: Highway 97 near Moro, Oregon
Names: Cesar Perez Fausto, Alvaro Lamprea, Jorge Angel-Moliner, Bioleta Angel-Moliner, Aylin Perez, Scott Ekman, Timothy Roth

A drunk driver was cited and released after rear-ending a car and causing life-threatening injuries to a pedestrian on July 11, 2010, around 2:20 AM, on Highway 97 near Moro, Oregon, according to an OSP press release.

Scott Ekman, 26, of Vancouver, Washington, was charged with Driving Under the Influence of Intoxicants.

Before the accident, there had been an earlier fatal crash, and southbound traffic had come to a stop on the highway. A car driven by Cesar Perez Fausto, 20, of Walla Walla, Washington, was at a stop behind the line of traffic waiting for the crash to clear. The front passenger in the car, Alvara Lamprea, 47, of Milton Freewater, got out of the car and was standing in the road, talking to a truck driver, who was also stopped. Three other occupants remained seated in the car.

When the pickup Eckman was driving approached the line of stopped traffic, it failed to stop and rear-ended the car driven by Fausto. The pickup then continued, sliding south until it hit Lamprea, who was not inside a vehicle.

Lamprea sustained major, life-threatening injuries, and was taken by Life Flight to Yakima Valley Memorial Hospital.

The driver of the car Lamprea was riding in, Fausto, and the other three occupants, Jorge Angel-Moliner, 14; Bioleta Angel-Moliner, 16; and Aylin Perez, 4; all of Milton Freewater, were taken to Mid Columbia Medical Center in The Dalles for treatment of minor injuries.

Ekman was not hurt, nor was his passenger, Timothy Roth, of Wasco.

Ekman was arrested on a charge of DUII and transported to The Dalles, where he was cited and released. OSP troopers from The Dalles Area Command are continuing to investigate.

We send our warmest and most sincere wishes to Lamprea. We hope that the skill of your doctors and the love of your family will make the difference, and you will be in our thoughts.

To Fausto, and especially the children – Jorge, Bioleta, and little Aylin – we send our prayers and wishes for a speedy recovery.

In the wake of a tragedy like this, each person must deal with it in whatever way works best for them. We would never try to talk someone into taking legal action. It is an individual decision that can only be made by the family. When a drunk driver causes an injury accident in Oregon, there is a possibility of suing the person or bar who served the alcohol. This must be done correctly, and quickly. There are strict time limits for filing a lawsuit in Oregon, and where alcohol is involved, the limits get even stricter. A Dram Shop Notice must be sent to the server within 180 days of the incident, pursuant to ORS 471.565.

Why sue a bar for serving a person alcohol? Well, the bar must have done something. Bars are regulated strictly by the OLCC, and if they serve to minors, or serve to a person who was visibly intoxicated, they have violated regulations and they should be held responsible for that. But the rules only work if the bartenders are well-trained and supported. If anyone is at fault, it’s not going to be the clerks and bartenders – it’s going to be the owner. If an investigation finds that the owner of the bar did not train the bartenders properly, hired the cheapest people and then underpaid them, routinely told the bartenders to serve as much as possible to increase profits, faked bartender’s OLCC licensing tests, and routinely served minors, then a lawsuit could prevent another similar accident in the future. If there were honest, well-trained, hardworking bartenders and clerks who made a single honest mistake, then a lawsuit would do no good. But, the family at least gets to rest easy knowing that they investigated, and found out the truth of the matter.

We encourage people to educate themselves on the law of drunk driving in Oregon, and we provide free information to help you settle your lawsuit without an attorney. But when a drunk driver is involved, the law becomes very tricky, and you should contact an experienced Oregon drunk driving injury attorney.

Date: July 16, 2010
Location: NE 7th & Killingsworth St., Portland, Oregon
Names: Jose Valdez-Gorogstieta, [Unknown]

A 23-year-old man was arrested and jailed on July 17, 2010, a day after a Portland, Oregon traffic crash that injured two motorcycle riders, according to The Oregonian and a Portland Police Bureau press release.

On July 16, around 4:30 PM, Jose Valdez-Gorogstieta, 23, was driving south on NE 7th Avenue, heading toward Killingsworth Street, when he went through a stop sign and crashed into a motorcycle carrying two riders. Police believe he was driving while impaired.

One of the motorcycle riders was seriously injured. The other suffered non-life threatening injuries. As of July 25, the victims had not been identified.

Valdez-Gorogstieta was taken to Multnomah County Detention Center. He is being held on charges of second-degree assault, third-degree assault, driving under the influence of intoxicants, and reckless driving. His total bail stands at $260,000. Police are continuing to investigate the crash.

Our hearts go out to the people who were injured, and we send them our best wishes.

Anytime someone is injured in a motorcycle crash in Oregon, we are reminded of the high injury and death rates for motorcycle riders. Several factors contribute to the potential risk, but probably none more so than motorists seeming inability to see motorcycles. Certainly rider skill can come into play, and we absolutely welcome the new Oregon law requiring motorcycle skills training. However, no matter how safely a person rides, a car driver who isn’t looking will remain a danger to a motorcyclist.

It is especially dangerous when a driver is impaired by alcohol or other drugs, and it is shocking how often it happens. The CDC reports that every day, 32 people in the U.S. lose their lives in crashes involving an alcohol-impaired driver – one death every 45 minutes.

Alcohol is not the only problem. Impairment from other drugs plays a role in around 18 percent of motor vehicle driver deaths. Most often, drugs and alcohol are used together.

If you are hurt in an Oregon car or motorcycle accident, you have someone on your side. Shulman DuBois LLC represents victims with injuries resulting from accidents. Our clients deserve representation with our experience, sensitivity and tenacity. Should an unfortunate episode find you or someone you know in need of representation as a result of an accident related injury, the best thing you can do for yourself is to get educated by reading our Frequently Asked Questions, exploring our Library, or ordering your free copy of 7 Common Mistakes That Can Wreck Your Oregon Accident Case. If you still have questions, contact us.

Date: July 18, 2010
Location: Highway 20 near Bend, Oregon
Names: Benjamin Jonsson, Cara Jonsson, Frederick Herzoff, Annette Herzoff

A bucket in the road caused a crash between two motorcycles on July 18, 2010, on Highway 20 near Bend, Oregon, that injured four people, according to an OSP press release.

Around 10 AM, state police troopers were dispatched to the crash site. A motorcycle operated by Benjamin Jonsson, 54, of Spruce Grove, Alberta, Canada, and carrying a passenger, Cara Jonsson, 54, also of Spruce Grove, was traveling west on the highway when Benjamin Jonsson saw a bucket in the road. He was able to swerve and avoid the bucket, which had blown off the back of a truck.

Another motorcycle, operated by Frederick Herzoff, 61, of Paradise City, California, was traveling behind Jonsson, carrying a passenger, Annette Herzoff, 60, also of Paradise City. Frederick Herzoff spotted the bucket and tried to swerve, but crashed into the back of the other motorcycle. Jonsson and Herzoff were not traveling together.

Annette Herzoff sustained critical injuries, and Frederick Herzoff sustained serious injuries. Benjamin and Cara Jonsson had minor injuries. All four were taken by ambulance to St. Charles hospital in Bend.

All four riders were wearing helmets. Police are continuing to investigate the crash.

Our thoughts go out to all the parties involved in this crash – Benjamin Jonsson, Cara Jonsson, Frederick Herzoff, and Annette Herzoff. We hope you are recovered and out of the hospital soon.

Motorcycle riders face special challenges staying safe on the road. The injury and death rates for motorcycle riders are high. Several factors contribute to the potential risk: a motorcycle itself is more difficult to handle than a car, and two-wheeled vehicles are more unstable than those with four wheels. Adding to the danger, some motorists may find motorcyclists harder to see, or just aren’t watchful of them. And a substantial factor in many crashes is inexperience. This is why we welcome the new Oregon motorcycle law requiring motorcycle skills training, and we are optimistic that this will make the roads safer for all.

Sometimes, though, you can do everything right and still end up in a crash. In these cases, an investigation by a competent Oregon personal injury attorney can make the difference. In this crash, for instance, it’s important to know where the bucket came from, and why. Who was driving the truck carrying the bucket? When the bucket blew off the back of the truck, had the driver taken precautions to secure it? Were there other factors that contributed to this crash?

We’re not ambulance chasers; we’re lawyers who feel it is our duty to help injured people deal with the insurance companies. And the first thing you should do after getting the medical help you need is to go to our website – not to give us your business, but to read our free tips, download helpful documents, or request a free copy of our book. And if that’s not enough, you can always contact us to ask us any questions.