Archive for the ‘Medical/Safety’ Category

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Traumatic Brain Injury Symptoms Can Persist for Years

Posted by Sean DuBois on Tuesday, May 20, 2014

Weve all heard the expression thats used when a football player takes a blow to the head and appears shaken up on the field. Commentators virtually make light of the situation by saying, He got his bell rung, which gives the definite impression that if the player goes to the sidelines for a few plays, hell be ready to go again by the next series of downs.

Up until recently, doctors didnt do much to dampen that view. They have long expressed the opinion that the effects of a bang to the head in a car accident, or when playing sports, or when someone trips and falls and hits their head off the floor will dissipate within a short period of time, given a bit of rest and relaxation for the victim.

This theory regarding head injuries has taken a knock of its own recently. A new University of Oklahoma study indicates that traumatic brain injury symptoms can last for years. In many cases, not only do the symptoms not disappear, they dont even decrease in intensity. (more…)

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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Want to Save 1,800 Lives This Year? Lower the BAC Limit

Posted by Sean DuBois on Saturday, June 8, 2013

The National Transportation Safety Board (NTSB) is calling for states to reduce the legal blood alcohol content level from .08 to .05.

When Australia dropped the legal limit for blood alcohol content while driving from .08 to .05, provinces there reported a drop in fatalities of 5% to 18%. Every state in the U.S. currently has a legal limit of .08, and we have about 10,000 drunk-driving deaths per year, according to National Highway Traffic Safety Administration drunk driving statistics. If reducing the limit from .08 to .05 saved 18% of those lives, we could save 1,800 lives per year with this one simple change.drunk driving accident injury portland oregon (more…)

Do Gaps in Treatment Lead to More Injury Trials?

Posted by Sean DuBois on Saturday, May 18, 2013

One of the duties of a lawyer is to tell people the truth, even when it hurts. To tell people that their actions, however well-intentioned and justifiable, may have certain unfair consequences. No lawyer enjoys it, but it is part of our job. So don’t shoot the messenger.

Let me give you an example of one such hard truth.

We got an email recently that I wish everyone would read when they get into an accident. The email was from a woman who was rear-ended and suffered a whiplash injury, which outlines her experience with a personal injury case. She did not go to doctors’ appointments constantly for two very good reasons: first, her physical therapist suggested she continue with home exercises for a while, which she did, and so she had a “gap in treatment” while she exercised at home; second, her husband had recently been diagnosed with Parkinson’s Disease, which understandably took up a lot of her time and may have seemed more important at times than her neck pain.

This happens all the time: An honest, well-meaning person, for completely understandable reasons, gets intermittent and inconsistent treatment for very real injuries. This is referred to as a gap in treatment.

Here’s what happens next: the insurance company suspects the person of fraud, or of exaggerating her symptoms, or of simply being a hypochondriac/whiner. And so the settlement they are willing to offer goes way, way down. A big gap in treatment can reduce your settlement by a lot more than you would think.

The insurance company’s argument sounds reasonable: “If you were really hurt, you would be getting treatment regularly. If there is a month-long gap between treatments, how do we even know that this new treatment is related to the car crash? Maybe you fell down your steps in the meantime.” (more…)

Portland Accident Lawyers are Familiar with Compound Fractures

Posted by Sean DuBois on Monday, April 15, 2013

Open Fracture Recovery Can Mean Extended Time Away from Work and Large Medical Bills

Seen frequently in the aftermath of a car collision, open fractures (also referred to as compound fractures) that do not heal properly or become infected require a significant amount of medical treatment over an extended period of timemeaning such an injury can result in an extended time away from work and the accumulation of large medical bills that may challenge your budget.

Negligent car accidents that result in injuries like open fractures that leave victims unable to work, in need of extensive medical care, or even disabled due to complications may be entitled to financial relieve through the filing of a personal injury claim against the at-fault driver (or in reality the at-fault drivers insurance company) who caused the injury.

While your insurance company as well as the at-fault drivers insurance company will seem helpful enough, remember that insurance companies are notorious for paying out as little as they can possibly get away with when it comes to injury compensation. In addition, when dealing with the at-fault drivers insurance company, keep in mind that the obligation of the insurer is to the person they insure, not you. Consequently, any offer they make to settle that hasnt been vetted through your own Portland accident lawyers is probably too low.

In fact, its probably a good idea to consult with qualified Portland accident lawyers before providing a statement to the insurance adjuster assigned to your claim. However, if you do find yourself communicating with an adjuster about your accident without the presence of an accident lawyer, here are some suggestions about how to handle that interview. (more…)

Truck Accident Injuries are Prevented By Ban on Cell Phones

Posted by Sean DuBois on Wednesday, March 20, 2013

2013 Marks the Beginning of a National Hand-Held Phone Ban Regarding Interstate Commercial Truck and Bus Drivers

As of January 3, 2013, the Federal Motor Carrier Safety Administration (FMCSA) and the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a ban on the use of hand-held phones by interstate commercial truck and bus drivers. With penalties increased on individual truck drivers to up to $2,750 for each and every offense and the disqualification of the ability to operate a truck or bus if convicted of multiple offenses of the ban and penalties of up to $11,000 for trucking companies, we should hopefully see a decrease in the number of truck accident injuries going forward. However, in Oregon, a cell-phone ban on all types of drivers was put into place in 2009, so for Oregon the new federal ban is somewhat redundant and not particularly new to the state.

Differences in the FMCSA and PHMSA Ban and Oregons Cell Phone Ban (House Bill 3186)

Additionally, the truck injury attorneys at Shulman DuBois LLC note that Oregons House Bill 3186, is somewhat different from the 2013 FMCSA and PHMSA ban in that the Oregon ban includes a few exceptions to the ban on cell phone usage that were introduced in 2011. The 2011 revisions were adopted to address some of the instances were a complete ban of cell phone usage was proving to be problematic.

Here are a few exceptional people and circumstances where cell phone use is allowed:

  • Tow truck operators, vehicle assistance operators utility owned or contracted vehicles used for installations repairs, maintenance, operations or upgrades of gas, water, electricity, telecommunitions and other utility service providers
  • Summoning of emergency or medical assistance if there is no one else in the vehicle capable of doing so when assistance is necessary
  • Use of a mobile communication device for agricultural or farming operations.
  • Emergency vehicle operators or ambulance operators
  • Use of a hands-free cell phone accessory by a driver over the age of 18
  • Emergency service workers or public safety workers
  • Police Officers and firefighters
  • Licensed amateur radio operators
  • Someone deactivating or activating a mobile communication device
  • Citizens or family radio service band transmissions
  • Employment situations that require one-way communications with transit passengers

Get Fully Compensated for Your Truck Accident Injuries

As Oregon truck injury attorneys, Shulman DuBois LLC has seen the financial and physical devastation that a truck accident can have on victims. Just in 2011 (the most recent Oregon statistics available), the Oregon Department of Transportation reported that 1,020 truck crashes occurred that involved fatalities, injuries, and disabling damage to a vehicle. Of those 1,020 crashes, 471 were determined to be the fault of the truck440 the fault of the truck driver. Thats a lot of trucking accidents.

If you or a loved one has been injured in a truck accident that wasnt your fault, remember that you do have rights. You have the right to be compensated for your injuries (medical expenses, lost wages, ongoing therapies, etc.) and in certain instances for pain and suffering as well as psychological damages. Injuries from accidents with trucks are often serious and require years, if not a lifetime, of medical care.

If you think you may have grounds to file a lawsuit against a truck driver, trucking company, truck insurance company, or truck parts manufacturer, Shulman DuBois LLC invites to schedule a free consultation. Truck injury attorneys you can count on to see that you get the compensation you deserve for your injuries, Shulman DuBois LLC are Oregon personal injury attorneys you can count on. Contact us today at 503-222-4411.

Typical Injuries from Truck Accidents

Posted by Sean DuBois on Monday, March 18, 2013

As truck accident lawyers, Shulman Dubois LLC can verify that truck accidents are among the most devastating of vehicle accidents, resulting in injuries and financial difficulties almost unimaginable. But, when a truck encounters a train, you are talking about an entirely different kind of devastation.

Typical Injuries from Trucking Accidents

With the many trucking regulations and requirements imposed on truck drivers and trucking companies, trucking accidents, while dangerous, still happen less frequently than car accidents. However, when a truck accident does occur, injuries are typically serious and include:

  • Traumatic brain injuries
  • Spinal cord injuries
  • Burns
  • Broke and crushed bones
  • Paralysis
  • Life-long disabilities
  • Death

Marion County Truck/Train Accident Sends Driver to Hospital with Serious Head and Leg Injuries

Friday, March 8, 2013: A 56-year-old driver of a tractor-trailer rig failed to yield to a freight train and was hit, destroying his truck and causes serious injury to himself. Taken to Salem Hospital for head and leg injuries, the drivers condition was not available when Oregon Live reported the story. The Portland truck accident lawyers at Shulman DuBois wish the driver a full recovery of his injuries.

The driver of the truck was leaving a loading dock on Brooklake Road North when the accident occurred. As a result of the incident, a minor diesel and fertilizer spill (the truck had just been loaded with 35 tons of ammonium sulfate fertilizer) occurred resulting in the blocking of Brooklake Road North for several hours. According to Marion County deputies, the impact of the train on the truck totally destroyed the truck with pieces of the truck scattered over a wide area.

While this Marion County truck accident appears to have no ambiguity as to who was at fault, many trucking accidents require extensive investigation to determine who should ultimately be held financially responsible for the injuries incurred in a trucking accident. Consequently, if you are trying to collect damages on a trucking accident, you will need legal assistance from Oregon truck accident lawyers who have the resources and expertise to conduct the extensive investigation required.

Collection of Damages for a Trucking Accident Needs the Assistance of Experienced Truck Accident Lawyers

Fortunately, for safety reasons, the US government has established federal laws to govern the trucking industry (Title 49 of the Code of Federal Regulations) as well as put agencies in place to assure that truckers are well-trained and comply with a wide-array of regulations and restrictions, including the Federal Motor Carrier Safety Administration (FMCSA) and the US Department of Transportation (USDOT). However, these same regulations and agencies make it challenging to collect damages from a trucking accidentthus, requiring assistance from experienced trucking accident lawyers when you need to file an accident claim.

At Shulman DuBois LLC, youll find the expertise of truck accident lawyers you want if you are trying to file a truck accident insurance claim or lawsuit. We not only have the resources to conduct the extensive investigation a trucking accident requires, but we also have experience dealing with the agencies and regulations that govern the trucking industry. If you have been injured as a result of a trucking accident and need legal representation or advice, we invite you to contact our attorneys for a free evaluation of your claim.

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