Car Accidents

• Doctor sentenced to 5 years for assaulting cyclist
  Jan 12, 2010

  In California, a doctor who said he was trying to "teach a lesson" to some cyclists was sentenced to five years in prison. This ruling is a step forward in protecting "vulnerable users" on the road, but it also an example of the ongoing battle between drivers and bikers.
  
  A recent Portland, Oregon, decision shows how cyclists don't always get the protection they need from the law. And anytime it comes to a collision between a car and a bike, the cyclist never really wins. - 1 - 10

• Multnomah judge makes wrong decision in bike-car collision
  Dec 21, 2009

  Portland, Oregon, is America's premier biking city. But that doesn't mean we always get it right. Take a recent court decision as an example.
  
  Drivers, cyclists, and pedestrians must all share responsibility on the road. But when one rider does her part, and a driver does not do hers, then the law needs to step in - and make the right decision. Cyclists who obey the traffic rules and adhere to safe riding practices should be protected, if not from a crash, certainly after it.
  
  As much as we are a biking community, please remember that there are still too many car drivers out there who are unaware, or worse, seem to have a personal vendetta. Take this as a cautionary tale and trust no one. And while groups and organizations are trying to give cyclists the protection they need, it will have to be up to each of us as individuals to protect ourselves.
  
  Please be mindful out there, and never assume a driver sees you or understands the laws of right of way. - 2 - 10

• $55 Million Award Updheld in Ford SUV Rollover Case | Oregon Injury Attorneys
  Dec 03, 2009

  Date: November 30, 2009
  
  On November 30, 2009, the U.S. Supreme Court upheld a punitive damage award of $55 million against Ford Motor Co., in a case stemming from an SUV rollover that left a California woman paralyzed.
  
  Benetta Buell-Wilson, then 46 and the mother of two, was driving a 1997 Ford Explorer SUV on the freeway near Alpine, California, when she swerved to avoid an obstacle. The car rolled over multiple times, coming to rest on its roof.
  
  The crash left Wilson hanging upside down from her seat belt, where she was crushed by the car’s roof. The crash severed her spine, and she has been a paraplegic ever since. She is also in constant pain that will continue to increase as long as she lives, the state appeals court found in 2006.
  
  The court said there was evidence that Ford knew the Explorer had a weak roof and was prone to rollovers, but that the company decided against taking steps to strengthen the roof – a fix that would have cost around $20 per vehicle.
  
  A jury originally awarded Wilson and her husband $246 million in punitive damages, finding that Ford knowingly sold a defective product. They also awarded the Wilsons $122 million in compensation for economic losses and pain and suffering.
  
  Although the appeals court reduced punitive damages to $55 million, it is still largest ever upheld in a published California case, according to the San Francisco Chronicle.
  
  Ford, along with other automakers and business groups, had asked the high court to overturn the punitive damages. Ford claimed they made reasonable design decisions, and the product met federal regulatory standards.
  
  Jerome Falk, a San Francisco attorney who represented Wilson, told the San Francisco Chronicle that the award was "justified by Ford's marketing of a vehicle with known defects, creating a high risk of death or serious injury."
  
  Ford spokeswoman Marcey Evans responded that the company was "disappointed that the Supreme Court did not take this opportunity to address some very important issues about runaway punitive damages."
  
  The case is Ford vs. Buell-Wilson. - 3 - 10

• Bike-Car Collisions: Who's at Fault?
  Sep 24, 2009

  We just put a new article up!
  
  Portland is a city of cyclists. But everybody has to share the road. So who's at fault when cars and bikes collide? And how can you be safer, whether you are biker, driver - or pedestrian? - 4 - 10

General

• Cell Phone Citations Up
  Mar 03, 2010

  "Updated enforcement statistics indicated OSP troopers issued drivers 72 citations and 233 warnings during February. During the new law's first month, OSP troopers issued 41 citations and 259 warnings. In total, OSP troopers have cited 113 drivers and warned 492 others since the new law went into effect January 1, 2010."
  
  We're not sure if the numbers are up because Oregon troopers aren't taking it easy anymore, or if people have already dismissed the new law, but this sort of negligence and recklessness cannot be allowed. People are killed because drivers are not paying attention.
  
  Please, put down your cell phones. - 5 - 10

• Oregon Court OKs Blood Tests for Drunk Drivers
  Feb 15, 2010

  The police do not need a warrant to perform a blood test on a suspected drunk driver.
  
  The Oregon Supreme Court overturned a decision a few months ago that said it was "coercion" if a police officer told a suspected drunk driver that they could face consequences if he or shee did not agree to a blood test. The decision had stirred an outcry.
  
  But we knew a decision like that could not stay in place very long. It is not coercion, just simple and legal justice when the police have the power to take drunk drivers off the roads.
  
  In Oregon, drunk drivers killed 138 people in 2008, and it's the second leading cause of accidents after only speeding.
  
  Fox12 reported on the story on February 11.
  - 6 - 10

• Car Accidents Same After Cell Phone Bans
  Feb 01, 2010

  We have to admit, when Oregon passed the law to ban cell phones while driving, we got a little excited. We supported it, we championed it . . . heck, we even obeyed it. But even then, in the back of our minds, we wondered how much good it would really do.
  
  Would people give up their cell phones? Would they driver safer? Would they be more aware?
  
  This New York Times article on car accidents, unfortunately, gives us a glimpse.
  
  According to the article, the number of car accidents virtually stayed the same in the states that have implemented a cell phone ban already, including Oregon's neighbor to the north. And while the numbers are still new, and few, there is of course always room for speculation.
  
  So what do we think? We think that distracted driving is not connected directly to cell phone use. Distracted driving is not about dialing or texting, it's about not paying attention to the road. Honestly, we think that since the number of people using cell phones actually went down, but car accident numbers did not, that there's a good chance those people who couldn't live without their cell phone before probably went out and bought BlueTooth and other such systems, and are still not paying attention to the road.
  
  Since cell phone bans have been implemented and the federal government has taken on distracted driving, there have been many studies to try to understand how this affects drivers and causes accidents. There are some arguments that cell phones were a distraction not because people had to free up a hand to use them, but because a person on a cell phone was not focusing all of their attention on the road and traffic around them.
  
  Oregon is only a month into its cell phone ban, and we are still hopeful that it may make at least some difference. But until the numbers come out, we will not know. So until then, we ask that everyone avoid using cell phone and other devices while driving. Your eyes and mind need to be on the road. And that's all there is to it. - 7 - 10

• Super Lawyers names Portland injury attorneys to Rising Stars
  Dec 09, 2009

  Only 2.5% of Oregon lawyers make the list; but all 100% of our attorneys did
  
  Portland, Ore., Feb. 11, 2010 – Personal injury attorneys Joshua Shulman and Sean DuBois were named by Super Lawyers magazine as Rising Stars in Oregon for 2009. Only 2.5 percent of the lawyers in the state are included on the list of Rising Stars by Super Lawyers.
  
  Few attorneys can boast such a distinction. While only 5 percent of attorneys in Oregon are named top attorneys by Super Lawyers, some law firms enjoy touting that 15 percent or 25 percent of their attorneys received the award. But how often do you see that 100 percent of the attorneys at a law firm are named in the same year? And Sean DuBois has been named Rising Star twice.
  
  Yes, we’re bragging a little bit. But we’re proud. We just started our law firm, Shulman DuBois LLC, in the past year, and already our lawyers are being recognized for their knowledge and hard work. Who wouldn’t be proud?
  
  Joshua Shulman and Sean DuBois are founding co-partners of Shulman DuBois LLC after both had their own sole practices for a while. Both practice personal injury law and specialize in car and truck crashes, as well as bicycle, pedestrian, ATV, and motorcycle accidents. They also take on several hit-and-run cases. Before starting their own firms, Joshua worked as an executive at a financial firm that helped injury victims invest their money smartly, and Sean worked with one of the top personal injury lawyers in Portland.
   
  The selections for Super Lawyers were made by Law & Politics, a division of Key Professional Media, Inc. of Minneapolis, Minn. Each year, Law & Politics has taken a rigorous multi-phase selection process that includes a statewide survey of lawyers, independent evaluation of candidates by Law & Politics’ attorney-led research staff, a peer review of candidates by practice area, and a good-standing and disciplinary check. 
  - 8 - 10

• Common Sense and Car Phones
  Dec 07, 2009

  Wow! Even in the 1960s, some people seemed to understand the dangers of talking on your cell phone while driving. Martin Cooper even warned us. Check out this story about car phones by the New York Times. - 9 - 10

• Oregon cell phone ban causes confusion
  Dec 02, 2009

  Police may use hand-held devices. According to a real estate agent, she might be also.
  
  There's some confusion over who will still be allowed to use their cell phones. But let's be honest; we all know the answer. Nobody should be using their cell phones. Even the police who are allowed know they should use caution. And for the real estate agent? She needs to pull over to the side of the road.
  
  Nobody needs their cell phone enough to cause serious injury or death. Be responsible. - 10 - 10

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