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Next Page »Semi-Truck Accidents Are Complicated, Seek Professional Help
on Wednesday, February 27, 2013Oregon 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.
OR Legislature Considers Law with Heavier Fines for Drivers
on Friday, February 22, 2013The 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. According to reports from KMTR News, 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
on Monday, January 7, 2013Recently, 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
on Monday, December 17, 2012Truck 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
on Tuesday, November 27, 2012If 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.
At the Scene of a Portland Injury Accident
on Friday, November 2, 2012Its an accident, and its a Portland injury accident. You were driving down the highway minding your own business, and then all of a sudden someone merging onto the highway hits you. All you hear is the crunch of the metal on metal, and you realize, you never saw anything coming. Fortunately no one was terribly injured, but the glass on the passenger side of your car shattered and you have a few cuts. Your neck and body are sore, but you dont think youve broken anything and you can exit the car and stand on your own. As you stand outside of your car looking at the damage, you wonder, Ok, what do I do now?
Standing at the scene of a Portland injury accident can be terrible, especially if there are significantly disabling injuries. The good thing, though, is that a greater portion of accidents on the road ways are either non-injury or minor injury accidents. But even if an injury is minor, it doesnt mean that your health and well-being arent important. You will likely receive medical attention for these minor injuries and these are costs that you shouldnt have to pay, just like you shouldnt have to pay for any damages to your car that may have been caused by the accident.
As soon as you can after your accident, you will want to make sure that you seek the help of an attorney in order to help you work with the insurance companies and obtain your compensation for your damages, but this will happen, as we said, after the accident.
When youre at the accident, this is the most vital part of the whole event. There are several important things that you will need to do in order to make sure that everyone is safe, secure, and understands what to do next.
Here is a short checklist of six things that you absolutely must do at the scene of the accident.
- If your car is still running after the accident, turn the ignition off and put your keys in a safe place. Also, turn your hazard lights on if they are functional.
- Immediately, take a look and see if you can tell what the responsible partys license plate number is, and the make and model of their car. You dont want to give would-be runners the opportunity to leave the scene of the accident without providing their information.
- Before exiting your vehicle, make sure that you are unharmed. If you have been injured, it may be a good idea to wait in the vehicle until help arrives. You do not want to injure yourself further. If you can get out of the vehicle, make sure that there are no other injuries.
- Now its time to call the police. Many people mistakenly believe that the police should be called for only major accidents, but the fact is that they can be called for even minor accidents.
- You will always want to locate witnesses while you are at the scene. These witnesses may have seen important details regarding the accident that you were not able to see. Get a short statement from them and their contact information.
- Finally, you will want to exchange information with all the parties involved, including the driver responsible for the Portland injury accident. Get their names, address, phone number/s, and insurance information.
Regulations to Decrease Oregon Older Driver Accidents
on Friday, October 12, 2012It is common knowledge that the average age of the population is increasing. This is due to the fact that the aging population is much larger now than it has ever been before. And with this aging population comes the realization that there are now many older drivers who are still in possession of their licenses, and are keeping them longer than any previous generation. Why is this such a problem for Oregon residents today? It is because in recent years there has been a significant increase in Oregon older driver accidents, as well as older driver accidents in every state across the nation.
Safety is the most important issue here, and for federal and state traffic safety regulators, it is a complicated one. With the data showing that older driver accidents are rising in Oregon in addition to other states, these regulators are realizing that this is a real and growing problem. In truth, the data is staggering. According to national data compiled by a research group known as TRIP, in 2009 alone, 5,288 people who were older than age 65 were killed, and approximately 187,000 people were actually injured in crashes. In 2010, the number of people over the age of 65 that died in traffic crashes grew to 5,750.
And if you think that Oregon older driver accidents really arent an issue, you should reconsider. Just recently in May of 2012, an 85-year old woman from Ruch, Oregon, made the news when she crashed her car into a ditch on Oregon 238 near Ruch. The impact of the crash was so powerful that it launched the womans vehicle across the road, where it flipped several times before finally coming to a stop. The driver sustained critical injuries during the incident, and thankfully, she survived and no other people were injured.
As you can tell by the data, others have not been so lucky, and that is why officials from the National Highway Transportation Administration have recommended that every single state impose some sort of state regulations for older drivers, which may include safety programs for older drivers as well as incentives for physicians who report their patients who should no longer be allowed to drive.
Of course, while there may be this increase in Oregon older driver accidents, the big issue that lawmakers have to take into consideration is how to actually regulate older drivers. A major problem with limiting the driving privileges of older residents is that age is something that affects people differently. While some Oregon residents may have perfect vision and good reflexes until they are 90, some others may experience loss of vision and reflexivity around the age of 70. This is why, at this time, we do not see a blanket age at which driving is prohibited.
Instead, what we are seeing today is an attempt at rational regulation. For example, in Oregon, licenses are renewed every eight years, and beginning at age 50, all drivers have to complete a vision screening at the time of renewal. In addition, in the state of Oregon, health care professionals are required to report severe and uncontrollable ailments that could affect a persons ability to drive safely, regardless of their age. With these kinds of regulations in place, it is hoped that Oregon older driver accidents can see a decrease in the coming years.








