Pedestrian Accident

If you live in southwest or east Portland and aren’t fortunate enough to own a car, then serious consideration should be given to public transport options, because throughout the city, some 58 miles of busy roadway have no sidewalks on either side of the road, and the majority of those roads are located in southwest or east Portland.

In spite of the fact that Portland needs sidewalks, and indeed, has been promised new sidewalks, the plans for putting them in have been put on the back burner, at least for now. This means that if you’re a pedestrian, the chances you could be hit by a car in Portland are considerably higher than they would be if the city’s new sidewalk strategy had already been implemented. Our Portland pedestrian accident attorneys explain.

Portland Bureau of Transportation’s Budget Problems

Portland Bureau of Transportation understands perfectly well that Portland needs new sidewalks. They allocated $8 million this year alone to help the neighborhoods in southwest and east Portland become walker friendly. With mid-year budget cuts, however, came the postponement of $3.2 million in sidewalk construction projects, and the same Bureau has stated they want to slash a full $7 million from their 2011 expenditure, due to an unforeseen shortfall in revenues. Read the rest »

The ankle joint is one of the most important, load-bearing parts of the body.  It must combine flexibility, stability and strength to support the entire weight of the body while at the same time performing a wide range of movements. In a car accident, the stresses caused by a sudden, violent impact can do terrible damage to this joint, and Portland personal injury attorneys make many claims every year on behalf of people who have suffered ankle injuries after an accident.

 Your Ankle Has Many Parts, Making it Vulnerable in an Accident

The ankle joint is composed of many parts of the body, including the large bone in the lower leg (the tibia), a much thinner bone on the outside part of the leg (the fibula), and a rounded bone that joins to the foot (the talus). In addition, numerous ligaments and tendons attach to the ankle joint from just about every direction; they in turn attack to muscles in the calf and foot.

When they’re functioning properly, ankles mostly go ignored, in spite of the incredible amount of work they must do for us. They have to withstand the forces of walking and running, and provide power to the foot, but they must also be able to move in several directions, including side to side. When the ankle is severely traumatized, however, as is often the case in a car or pedestrian accident, it is forced to move in a direction further than it normally would, and when this happens, many different types of ankle injuries can and do occur.

A Sudden Stop Can Be Tough on Your Ankle

When a car crash occurs, the vehicle is going to stop quite suddenly, and when a driver or passenger braces themselves (a natural instinct) with their foot, the ankle can be severely jammed, causing a compression injury. A natural comparison would be falling off a 12-foot ladder and landing on a hard surface, with the feet and ankles bearing the brunt of the fall. At a bare minimum, ligaments (particularly on the outside of the ankle) and tendons will be the most severely affected. If sufficient force is applied to the ankle, a fracture can occur alongside the ligament damage. The resulting ankle injury after an accident will cause immense swelling and pain and may also include a fracture of the heel bone (calcaneous), the talus, or other bones in the foot.

Sometimes a Break is Better than a Tear for Ankle Injuries After an Accident

When tendons tear or ligaments are severely stretched, the healing process may be much longer and more difficult than if the ankle has merely broken. The looseness or weakness of the joint caused when tendons or ligaments are damaged will mean a significantly longer period of recover than if a simple fracture has occurred. Severe ligament disruptions will frequently require surgery, and a prolonged period of recovery will be required before the ankle joint recovers its normal level of mobility and level of strength. In some cases, screws, metal plates or bands may be required to re-attach ligaments to bones. Read the rest »

The shoulder is one of the most complex areas of the body. Bones, ligaments, tendons, soft tissues, cartilage and a large joint area all make up the shoulder, making it an extremely vulnerable region susceptible to injury in a car crash. Portland personal injury lawyers see all types of shoulder injuries, some more debilitating than others. It’s an area where clients often ask: Can I get compensation for shoulder pain after a car accident? The short answer is “yes,” depending, of course, on a number of factors.

My shoulder did not hurt until the day after the car accident. Is that normal? 

If anything is common about people who experience shoulder pain after a car accident, it’s that there’s nothing common about any two injuries. They vary from person to person and accident to accident. Many people describe severe pain in the shoulder immediately after a car crash. Others, however, feel little or nothing for several hours after the collision, particularly if the damage is to the soft tissues. In such cases, while the pain may not be immediately evident, once it flares, it can be excruciating.

Fractures, Tears, and Whiplash

With so many components making up the human shoulder, it’s not surprising to see the huge variation in injuries that can be caused to a single joint. If someone is experiencing shoulder pain after a car accident, any of the following injuries may be present:

• Any one of the three bones that comprise the shoulder joint may be fractured.
• The shoulder may be separated. This occurs when the collarbone and shoulder blade separate and can be incredibly painful.
• If the rotator cuff tendon gets trapped under the end of the collarbone (known as the acromion), the tendon will become inflamed and very sore.
• A large amount of cartilage is present in the shoulder area, acting as a shock absorber between the joint and surrounding bones. When a tear occurs in the cartilage that separates the cartilage from the bone of the joint, this is known as a SLAP tear.
• Four muscles are included in the shoulder. If they tear, this would be referred to as a rotator cuff tear.
• Other injuries sustained in car crashes can lead to pain radiating out to the shoulder area. Trauma to the chest or back, or a whiplash injury can all lead to severe pain in the shoulder area. Read the rest »

It is a question that has been around as long as cars have been running over people crossing the street, or knocking down someone who is walking across their driveway. When does the pedestrian have the right of way in Oregon? The answers are mostly defined by common sense, but all too often, a good Portland pedestrian attorney will be required to deal with drivers who fail to exercise good judgment, or who refuse to acknowledge they were at fault.

Oregon rules regarding pedestrian right of way are not actually that complex. And the first rule is that, under Oregon law, every intersection constitutes a pedestrian crosswalk, whether or not it is marked or controlled by a traffic device. A Portland pedestrian attorney will often hear the excuse from drivers that because the pedestrian was in an uncontrolled intersection (no lights, or walk/don’t walk controls), the car should naturally have the right of way. This is most definitely not the case! This explains, however, why nearly 75% of accidents between motor vehicles and pedestrians are caused because the driver failed (or refused) to yield the right of way to the pedestrian. What’s more, a staggering 50% of all accidents between vehicles and pedestrians in Oregon occur while the pedestrian is in a crosswalk!

Pedestrians are not by any means totally absolved of responsibility for road safety. Oregon has a long list of statutes regarding pedestrian right of way and drivers’ duties of care when out on the roads. They include:

• Obeying the lights at a controlled intersection. If the pedestrian is facing a red light, they do not have any right of way. Similarly, if they are facing a steady yellow light, they may not enter the roadway.
• If the pedestrian is facing a sign that says Don’t Walk or Wait, they do not have the right of way. This becomes a bit tricky if the pedestrian has entered a crosswalk when the light says Walk, then changes to Don’t Walk or Wait.  In those cases, it is the pedestrian’s duty to move to a point of safety, like a traffic island or footpath, and wait until they once again have the right of way.
• If the pedestrian suddenly leaves the curb or footpath when a vehicle is so close it constitutes an immediate hazard, the pedestrian does NOT have the right of way. This is the kind of case where a competent Portland pedestrian attorney can give good advice.
• If the pedestrian is crossing the road at any point besides a marked crosswalk, or at an intersection (in other words, jaywalking), they do NOT have the right of way and must yield to any vehicle on the roadway. This is another potentially contentious issue. Many pedestrians feel they always have the right of way, but any Portland pedestrian attorney will advise you Oregon statute 814.030 will come out in favor of the driver in these cases. Read the rest »

A research study at the University of Alabama (Birmingham) was performed to evaluate the ability of ADHD kids to safely cross the street. The results indicated these kids are at a higher risk of being injured in a pedestrian accident than those without the disorder.

Because ADHD kids are easily distracted and more compulsive than other children, it was anticipated that the ADHD kids would most likely fail to look left and right before crossing the street. However, the tests showed that the kids have the proper curbside behavior down, including looking both ways before leaving the curb.

The research involved a virtual environment with avatars substituting for the actual children on a computer, so the test subjects were not exposed to any real physical danger.

The end results showed it was their timing ability causing them to be at a greater risk of being hit by a car. They know the pedestrian requisite street crossing rules and appear to follow them. The problem was when, and if, the ADHD kids made it to the other side of the street, there was barely any time left to spare before the next vehicle came by. In conclusion, most ADHD children are challenged with a difficulty in determining how much time they need to safely reach the other side.

Pedestrian accidents are one of the main causes of unintentional injury among kids. Parents of ADHD children will want to spend more time helping their youngsters practice proper pedestrian safety procedures and learning to identify the dangers to look for when crossing the street. The more these at risk children practice and review the safety guidelines, the better equipped they will become at crossing safely.

Date: June 26, 2011
Location: NW Linmere Drive, Oak Hills, Washington County
Names: Cynthia Barton Rabe, Corey Scott Jensen

An Oregon hit-and-run accident last Sunday morning has claimed the life of 47-year-old author Cynthia Barton Rabe, who was struck by a car as she walked along NW Linmere Drive in the Oak Hills area of Washington County.

According to Police Sergeant David Thompson, the fatal accident occurred around 10 a.m., when a 2010 Nissan Cube, allegedly being driven by Corey Scott Jensen, left the road and struck Rabe before crashing into a boulder. The car had been stolen from a friend of Jensen’s. After crashing the car, Jensen fled the scene, leaving Cynthia Rabe bleeding and unconscious in the middle of the road. Another driver who witnessed the hit-and-run stopped and confronted Jensen, who then tried to steal that car, but was unsuccessful. Jensen ran away, but deputies found him about 30 minutes later, naked and evidently under the influence of hallucinogenic drugs he had taken at a North Plains festival. He resisted arrest, was tasered and removed to Emmanuel Legacy Hospital in Portland, where he was treated for injuries unrelated to his arrest, according to Sgt. Thompson. Jensen was listed in critical condition. Cynthia Rabe was also removed to Emmanuel Legacy, but efforts to save her life failed. Police are continuing to investigate, and charges are pending.

We would like to extend our most sincere sympathies to the family, friends and colleagues of Cynthia Rabe at this trying time. We can’t help being horrified by this hit-and-run. We implore drivers in any accident situation to put the safety and welfare of others above their own interests, and always, always remain at the scene at least until help arrives. We send our heartfelt condolences to Rabe’s family.

Compensation available for wrongful death claims like this include charges for medical expenses; memorial and burial services; compensation for the person’s pain, suffering, disability, and loss of income from the time of the injury through the time of death; financial losses to the person’s family or other heirs; compensation for the loss of companionship and services to the person’s spouse, children, stepchildren, stepparents and parents; and punitive damages may sometimes be available as well.

Wrongful death claims are allowed by law. ORS 30.010-30.100. The law caps the amount of noneconomic damages at $500,000. This does not apply to economic damages, which are not capped.

The statute of limitations for a wrongful death claim is tricky. It is “three years after the injury causing the death . . . is discovered or reasonably should have been discovered. . . .” In other words, it’s not three years from the date of death; it’s three years from the date of the original injury that ultimately caused the death. If a person goes into a coma from a car crash, and dies eight months later, the case will have to be brought within three years from the date of the car crash, not from the date of the death.