Archive for the ‘Driving Safety’ Category

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Recent Crash Reminds Us of the Dangers of Cell Phones

Posted by Sean DuBois on Thursday, January 16, 2014

For those of you who haven’t been following this, talking on a cell phone while driving is worse than driving drunk. Dont believe that? Well, heres another recent example:

Yesterday, a young woman driving along I-84 near Baker City, OR was distracted by her phone, and collided with the concrete barrier TWICE before crashing (and injuring herself and her passenger).

According the National Highway Traffic Safety Administration, texting is six times more dangerous than intoxicated driving. And several other studies have found that reactions times are slower and drifting is more common in those texting than those driving drunk.

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3 Reasons to Hire an Oregon Personal Injury Lawyer

Posted by Sean DuBois on Wednesday, January 8, 2014

Most people dont know anything about the personal injury process and thats okay. In many cases, your car accident, including property damage and injuries, will be covered by insurance without any problems. Its when the insurance company starts trying to deny your claim that you may need to consider hiring an Oregon personal injury lawyer.

There are many reasons why the insurance company might try to deny your claim, from liability disputes to previous injuries, and an attorney can help show the insurance company why your claim is valid.

1) Liability Disputes

This is the #1 most common reason the insurance company will deny your claim: they do not believe they should have to pay unless their insured actually caused the accident (which makes sense) but unfortunately this means that they have to show that the accident was caused by the other person.

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Semi-Truck Accidents Are Complicated, Seek Professional Help

Posted by Sean DuBois on Wednesday, February 27, 2013

Oregon Truck Driver Sustains Serious Injuries in Collision with Trees

On Monday, February 18, 2013, Oregon State Police responded to a serious semi-truck crash on Highway 58 that resulted in a commercial truck driver being transported via LifeFlight to Sacred Heart Medical Center with serious injuries. Still under investigation, the semi-truck accident occurred in the early afternoon about two miles west of Oakridge when the truck driver, whose semi was pulling two semi-trailers, left the highway, went down a steep ditch and came to rest after crashing into a couple of trees. According to an Oregon State Police News Release, the reason for the crash remains under investigation and police had not released the name of the adult male driver of the semi as of Monday evening.

While this accident involved only the truck (still a tragedy for the driver), many semi-truck accidents involve much more than an injured truck driver and the death of a couple of trees. In fact, according to the Federal Motor Carrier Safety Administration, in 76% of fatal crashes involving large trucks and 80% of injury crashes involving large trucks, passenger vehicles are involved in 91% of the fatal crashes and 94% of the injury crashesmeaning that if you are involved in an accident with a heavy truck, the likelihood of injury is high. When you think about it, it stands to reason that a semi-truck or large truck that weighs thousands of pounds is no match for a car in a collision.

What to Do If You Are Injured in a Collision with a Heavy Truck or Semi-Truck

Should you be unfortunate enough to find yourself injured as the result of a collision with a large truck or semi-truck, you should first take care of your injuries, and then contact a semi-truck accident lawyer for assistance before speaking with any insurance adjusters or truck company representatives. Particularly problematic for injury victims who try to collect damages for wrongful death or injuries as the rules a regulations applicable to the trucking industry are vast, a truck accident claim becomes complex almost immediately after the incident.

Not only must you deal with the driver involved in the accident, but you must also deal with your insurance provider, the drivers insurance representative, the owner of the truck, the hiring company of the truck, the owner of any cargo that the truck was carrying (which could be one or several entities), and other organizations and businesses all across the country trying to pursue damages incurred as a result of the collision. A mind-boggling task, just filing a claim against the driver or the drivers insurance company can be exhausting.

Your best resource should you need assistance with the legal and insurance issues following a truck accident is an experienced semi-truck accident lawyer who knows the ins and outs of the trucking industry, has a successful track record of positive outcomes in truck accident litigation, and is aggressive enough to deal with the often adversarial parties attached to your claim. The semi-truck accident lawyer you choose should also be familiar with the multitude of regulations for the operation of large trucks, know how to gain access to the drivers log books for examination, and be able to decipher truck inspection reports for the truck involved in the accident.

Contact the Semi-Truck Accident Lawyers at Shulman DuBois, LLC for Legal Assistance with Your Large Truck Accident Case

At Shulman Dubois, LLC, we have the skill, knowledge, and experience you need when dealing with a truck accident injury claim or lawsuit. With years of insurance negotiation experience and large truck litigation, we are Portland semi-truck accident lawyers you can depend on to ensure that your rights are not violated and that you receive your share of any insurance monies available after an accident. For assistance with a semi-truck accident claim, contact the semi-truck accident lawyers at Shulman Dubois.

Portland Oregon wrongful death attorneys, fatal accident

OR Legislature Considers Law with Heavier Fines for Drivers

Posted by Sean DuBois on Friday, February 22, 2013

The Oregon Legislatures Senate Judiciary Committee plans to begin hearings this week concerning a bill that would treat Oregon motorists caught texting or talking on cell phones while driving similar to those convicted of drunk driving. The new legislature, introduced by Democratic Senate President Peter Courtney is aimed at forcing motorists to take the existing ban on cell phone usage and driving more seriously. The House bill, if passed into law, would fine those caught using cell phones and driving with a fine of up to $2,000. Currently the maximum fine is $250, but the increase is definitely supported by Oregon accident insurance lawyers as a way to prevent injuries.

Receiving a Distracted Driver Citation Could Affect Auto Insurance Premiums Oregonians Pay

Obviously, distracted driving accidents are getting out of hand in Oregon when legislature might be enacted to put it up there with drunk driving violations. Consequently, since car insurance premiums are tied to driving records, it would stand to reason that a distracted driving citation could result in higher premiums for drivers who receive citations for the offenses.

Plus, should you be involved in a car accident where the at-fault party gets charged with a distracted driving violation in which you sustained injury, you might be eligible to file a lawsuit against the at-fault driver. An Oregon accident insurance lawyer can best inform you of how a distracted driving citation might affect your ability to collect compensation for the at-fault partys insurance or win a personal injury lawsuit.

Anytime you are injured in an auto accident in Oregon, it is wise to consult with an Oregon accident insurance lawyer to determine just what type of compensation you are entitled to. Filing all the necessary paperwork to receive the proper amount of car insurance benefits you deserve is best accomplished with the assistance of someone highly familiar with the way auto insurance works in Oregon.

For example, did you know that personal injury protection (PIP) is required by law (ORS 742.524) to be included in all Oregon private car insurance policies? That means that even if you are injured driving your own car, your insurance provider may cover not only your medical bills, but lost wages and certain household expenses as well. Should the accident be determined to be the fault of another, you may be entitled to collect compensation for injuries you may have sustained from the insurance provider of the at-fault driver.

Oregon Accident Insurance Lawyers Can Demonstrate Which Auto Accidents Qualify as Negligence

To collect insurance monies from the insurance policy of another, you must first prove that the party responsible for your injuries and the accident was negligent. To prove negligence, you must be able to show that the other driver did not act as a reasonably prudent person should under similar circumstances. Some examples of negligence that are frequently used to prove a personal injury case by Oregon accident insurance lawyers include:

  • Aggressive driving, like tailgating or weaving in and out of lanes of traffic
  • Speeding
  • Defective car parts
  • Driver fatigue
  • Driving under the influence
  • Distracted driving (talking on a cell phone, texting, eating)
  • Disobedience of traffic regulations and laws
  • Poor road maintenance or design

Keep in mind that car insurance companies dont want to pay out on any claimsthat goes for your own insurance provider and that of any other at-fault party. Consequently, they often try to settle accident claims for as little as possible, often to the detriment to the injured party. Seeking assistance from an Oregon accident insurance lawyer ensures that you receive all the insurance monies you are entitled to. Dont take the first offer of a settlement from any insurance company. Take the time to get experienced legal advice before agreeing to any settlement offer from either you own auto insurance provider or that of an at-fault party.

The Professionals at Shulman Dubois LLC are Oregon Accident Insurance Lawyers You Can Contact for Assistance with Accident Insurance Legal Matters

The Oregon accident insurance lawyers at Shulman Dubois LLC are highly familiar with Oregons major and minor auto insurers. Having negotiated, mediated, and litigated multiple insurance cases successfully for accident clients, the attorneys at Shulman Dubois LLC can assist you with the complex task of getting the compensation for your auto accident that you deserve. If you or a loved one has been injured in an auto accident and need help collecting insurance benefits, contact them today for a free evaluation of your Oregon accident insurance claim.

 

 

 

Weather-Related Accident Highlights Need for Caution

Posted by Sean DuBois on Monday, January 7, 2013

Recently, in a sad turn of events, two Vancouver, Washington, residents lost their lives, and another was injured, when they were involved in a weather-related accident on Highway 97 in Portland. According to police reports, all three were in the same vehicle when the crash occurred just north of Redmond. The Oregon State Police stated that Richard Fraker (68) lost control of his Ford pickup when attempting to pass a passenger vehicle in a prohibited passing area on a snow-covered road. Fraker, and one of his passengers, Terry Anne Clampitt (47), were killed when the vehicle careened off the east side of the highway and rolled, eventually landing on its top.

As an Oregon car accident attorney, a great many clients come calling during the winter months, when driving conditions are at their worst. For some drivers, these accidents are minor. A motorist may have skidded on some black ice at a lower speed and come into contact with the rear bumper of the motorist in front them. These minor fenders are common, even when there isnt severe weather outside. However, snowy and icy conditions can make driving a dangerous task, and many people end up severely hurt, or even worse, losing their lives.

Unfortunately, these kinds of accidents are not uncommon when it comes to the winter weather months. In fact, according to the state police, this was the second fatal accident during the same weekend in which the winter weather played a part. What this should point out to drivers is that it is vital to take the proper precautions when it comes to driving during severe weather and snow/ice conditions.

Of course, the greatest thing to do when it comes to driving in severe weather is to simply just not drive in severe weather. This is easier said than done, to be sure; however, its always best to avoid driving in bad weather when you can. If you cant avoid getting out on the roadways during severe weather, there are a variety of safety tips to pay attention to in order to ensure that your ride remains safe.

First, if you can, do not drive on the roads until the plows and the ice trucks have had time to take care of the roads. This is important because a snow plow can remove a lot of the buildup of snow that covers ice patches and road warnings, and the ice trucks can properly sand or salt the roads in order to prevent the buildup of ice that may not be visible to drivers, especially during the night.

Second, its also very important if youre going to drive during snowy or icy conditions to understand exactly how to drive in these conditions. Always decrease your speed and leave yourself adequate room to stop if you need to. Always brake gently, turn your lights on, and make sure to keep your windshield and rear window free of debris. Never use your cruise control, pass other vehicles when you have poor visibility, and never assume that your car or truck can handle more than it really can.

FAQs for Truck Accident Settlements

Posted by Sean DuBois on Monday, December 17, 2012

Truck accident settlements are unique when it comes to personal injury and other car accident settlements. This is most often due to the fact that truck accidents tend to create more damage and inflict more injuries than almost any other kind of vehicular accident. If you have been involved in a truck accident, you likely have many questions about your personal injury claim and any truck accident settlement that may result from that claim. Here are some immediate answers to several of the most frequently asked questions regarding truck accident settlements.

Question: How Is a Commercial Truck Defined?

A commercial truck is considered any truck or vehicle that is used by an individual in the course of their business dealings and/or in the course of transporting and delivering commercial products. There are many examples of commercial trucks, including tractor trailers, dump trucks, tanker trucks, delivery trucks, semi trucks, 18-wheelers, and freight trucks.

Question: How Do Truck Accidents Differ from the Average Car Accident?

The primary difference, as we previously stated, is that truck accidents tend to be way more damaging than passenger vehicle accidents. This is typically because of the size of the truck involved in the accident. Consider this. The average loaded commercial vehicle could weigh up to 80,000 pounds. The average passenger vehicle, on the other hand, may weight somewhere around 3,000 pounds. It is unfortunate, but because of this size disparity and the basic laws of nature, usually any collision between a passenger vehicle and a commercial truck will result in very serious, if not grave, injuries.

Question: What Are the Most Common Causes of Truck Accidents?

The most common causes of truck accidents are actually not all that different from the common causes of most other vehicle accidents. Some of these include driver fatigue, alcohol or drug abuse by the driver, equipment failure, defective parts, safety issues, overly-defensive driving, and even the improper loading of the commercial vehicle.

Question: I Was Injured by a Truck Driver in an Accident that Wasnt My Fault. What Kind of Settlement Can I Expect?

There is no standard calculator to determine the value of truck accident settlements. However, we do know what kind of damages you can expect to recover in a not-at-fault situation, including hospital expenses, medical bills, loss of income or loss of earning capacity, and pain and suffering resulting from the accident.

Question: If I Want to Make a Personal Injury Claim, Who Do I Sue?

This is an important question, because the goal of any personal injury suit is to hold the responsible party accountable for their actions. In many cases, there may just be one person responsible for the accident and your injuries; however, in other cases there may be several people or even groups of people who would need to be held responsible. Ultimately, you will likely attempt to hold the truck driver, the company they work for, and perhaps even the manufacturer of the truck involved if you can show that some defect in the truck was partially responsible for the accident.

Oregon Car Wreck Attorney Discusses Common Crash Causes

Posted by Sean DuBois on Tuesday, November 27, 2012

If you’re a car driver and are on the road a fairly average amount of time, there’s at least a 25 percent chance that you’ve been involved in a car accident within the last five years. Yes, that’s right. As a driver, there’s a one in four chance that you’ll be involved in some sort of vehicle accident in that time frame. That may seem like a lot to you, but the truth of the matter is that accidents happen and they happen often. Any Oregon car wreck attorney can provide you with a plethora of statistics detailing just how much and how often these disastrous events occur

What can you do to avoid this fate? You might believe that it’s the luck of the draw, but in fact, there is quite a lot that you can do to avoid such accidents. To start, it is crucial to know about and understand the most common causes of car wrecks. When you are more aware of what causes a majority of accidents, you can be better prepared to prevent them and avoid becoming a victim of your own negligence or someone else’s.

Driver Negligence and Behaviors

The most common cause of traffic accidents today is driver negligence or other behaviors that contribute to an eventual accident. Poor driving behaviors can take many different forms. Distractions such as changing the radio station, talking on a cell phone or texting while driving, and reaching to the back of your vehicle to get something are typical culprits. But there are many more behaviors that are equally disastrous, including driving while tired, speeding, drunk driving, and overly aggressive driving or road rage. Some studies have even shown that 16 percent of accidents are directly caused by the fact that another driver slowed down to view an accident scene and became distracted from the road in front of them.

Poor Weather Conditions

If you’ve ever lived in an area that receives a lot of rain, or has heavy snow winters, then you know just how important it is to take certain precautions while driving in this kind of weather. Most often times, drivers who have been involved in accidents will blame the icy roads or the fog for their accident, but the truth is that the weather is often not to blame. As a driver, you are the person who is responsible for taking the necessary precautions while driving in inclement weather. If conditions are too severe, you will need to make a choice whether or not your safety will be at risk if you decide to drive in such conditions. If you do decide that you can drive in the weather, you will need to stay vigilant, slow your speed, and take all precautions that you can.

Car & Vehicle Equipment Failure

In some cases, car accidents are caused by the malfunction of parts and or systems that are a major part of the operating system of the vehicle. This is a manufacturing issue and could be the fault of the vehicle’s manufacturer which means that you may need the help of an Oregon car wreck attorney. However, many more accidents can be directly attributed to the poor care and maintenance of an individual’s vehicle. It is vital that any vehicle be properly maintained in accordance with the manufacturer’s recommendations.

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