Archive for the ‘Oregon Legal Updates’ Category
Next Page »Minors Can Get Counseling Without Telling Parents…But Can’t Tan
on Tuesday, May 14, 2013There is an interesting juxtaposition of bills affecting the rights of minors going through the Oregon legislature these days. One that gives minors more rights, and one that takes rights away. I’m in favor of both of them – giving rights with one hand, and taking them away with the other.
Senate Bill 491 – Teens Can Get Counseling
Senate Bill 491 passed the Senate 26-3, but has not been voted on by the House yet. This bill would allow children who are 14 or older to get mental health treatment for depression or other emotional issues, including drug addiction, without parental consent. Kids cannot get methadone treatment for their drug addiction under this bill, just counseling. (more…)
Don’t Let Immigration Views Stand In the Way of Safer Roads
on Saturday, May 11, 2013
A artist rendering of the Oregon driver’s license on display at the North Salem Department of Motor Vehicles on Wednesday, April 10, 2013. / TIMOTHY J. GONZALEZ / Statesman Journal file
So glad the “Driver’s Card” Bill passed. The bill creates a “driver’s card” that is like a driver’s license except that it can be used for driving
ONLY. It cannot be used, for example, to board airplanes, or gain entrance to federal buildings.
I support this bill on public safety grounds, and regardless of your views on immigration, you should too. The reason that we require all drivers to have mandatory insurance coverage is to protect the innocent people that they may hit when driving. It’s not to protect the bad driver who caused the crash; it’s to protect the good driver who gets rear-ended, or the pedestrian who gets run over. Well, the same argument supports the creation of a driver’s card.
Testifying for HB 2542: A Small Step Toward Preventing Hit-and-Run Accidents
on Saturday, May 4, 2013I went to Salem a few weeks ago to testify about a bill that the Oregon House was trying to pass. I’ve never done it before, and it was a fascinating experience. I definitely recommend it. The most interesting part to me was how few people were testifying. There are a few hot-button issues every once in a while that get a whole lot of press, and the line to testify goes out the door, and one person’s opinion probably doesn’t make much difference.

Josh on Fox 12 KPTV About HB 2542
But then there are hundreds of other bills every year. Many of them probably affect you, even though you probably don’t know about them, and maybe never will. Here’s the crazy thing: there are probably somewhere between zero and three or four people testifying on all these bills. You could actually make a difference if you went and spoke your mind.
In my case, the bill was HB 2542. I want to tell you what the law will do, if it passes, but first I have to explain what the law does now. Right now, if you run over a pedestrian or bicyclist (or just hit another car and injure someone), and then you leave the scene, that’s considered a hit-and-run. The technical term is “failure to perform the duties of a driver to injured person,” and the penalties of this crime are outlined in ORS 811.705. It’s a Class C felony. Or, if the person suffers “serious physical injury” or dies, then it’s a Class B felony.
Before we go further, you need to know what “serious physical injury” means. It’s defined in ORS 161.015, and it is no joke. It means an injury that creates a substantial risk of death, or causes serious and protracted disfigurement, protracted impairment of health, or protracted loss of the function of an organ. These are lifelong injuries we’re talking about here. Another clue to how serious they are is that they are lumped in with death. It’s a class B felony if you cause a “serious physical injury” or kill someone, and then leave the scene. (more…)
Oregon to Participate in Distracted Driving Awareness Month
on Friday, April 26, 2013The National Safety Council has designated April as Distracted Driving Awareness Month and has challenged drivers to go online to the Councils website and sign a pledge promising to refrain from cell phone use (texting or talking) while behind the wheel during the month of April. Oregon car accident attorneys at Shulman DuBois LLC encourage drivers in Oregon to participate in this nationwide effort, and hopefully come to the realization that cell phone usage while driving isnt necessarily as important as some people might think. Waiting those few minutes required to get to where you are going before using a cell phone could save your life or the life of another a practice well worth the safety benefits gained.
However, cell phone usage isnt the only distracted driver activity that has been found to be the cause of accidents. NBC News recently reported that daydreaming behind the wheel is also quite deadly when it comes to distracted driving incidents. According to the NBC News story, a research project conducted by Erie Insurance Group revealed that daydreaming while driving is actually more dangerous than texting or talking on a cell phone while driving. In fact, 62 percent of all distracted driving accidents in the US each year that resulted in fatalities were blamed on the seemingly innocuous act of being lost in thought, while a mere 12 percent were determined to be the result of cell phone use.
The breakdown of other distractions that resulted in a fatality, according to the Erie study, was as follows.
- 7 percent rubbernecking
- 5 percent distraction due to other occupants of the vehicle or kids
- 2 percent reaching for an item
- 2 percent eating or drinking while driving
- Less that 2 percent pets, operation of vehicle controls (heater, a/c, radio), and smoking (more…)
Oregon Car Accident Laws Designed to Help Injury Victims
on Friday, March 29, 2013According to Oregon Car Accident Laws, Innocent Victims Deserve Fair and Just Compensation for Their Losses
Driving while drunk in Oregon, or any state for that matter, is a criminal offense. In addition to being subject to penalties for the crime of drunk driving, if involved in an accident where injuries are sustained, the driver and his or her insurance company can also be held financially responsible for compensation of the damages sustained by others in the accidentan often very difficult situation to deal with. However, Oregon car accident laws are designed to not only punish those who risk innocent lives by driving recklessly and irresponsibly, but these same laws are also designed to provide DUI accident victims and their families a means by which to obtain fair and just compensation for their losses.
Anyone in Oregon who is injured in a car accident due to the negligence of another, DUI-related or not, has the right to seek various types of monetary compensation when it comes to filing a personal injury lawsuit against the guilty driver. Some of this compensation may take the form of:
- Payment of medical bills
- Reimbursement for wage loss and future earning potential
- Pain and suffering
- Punitive damages
Oregon juries in both civil and criminal courts tend to treat drunk drivers who injure others harshly. Consequently, in an effort to shield themselves from a hostile, often exorbitant jury awards, insurance companies of drunk drivers are typically eager to settle any pending personal injury claim outside of court before the drivers criminal trial occurs. An experienced personal injury attorney will know how to use Oregon car accident laws to his or her advantage and gain top-dollar compensation for victims of drunk driving incidents.
Oregon Car Accident Laws Are Not Effective When Drivers Refuse to Abide by them
Designed to deter unsafe drivers from driving when they shouldnt, Oregon car accident laws still didnt prevent a horrific DUI-related accident that took the life a nine-year-old boy over the weekend. Our sympathies go out to the family of this tragedy. What began as a routine family barbeque on Saturday night culminated in a tragic car accident in which the boy was thrown from his uncles car when the uncle lost control of the car on Highway 16 in Purdy.
After spending Saturday evening at the family barbecue, the uncle in this tragic tale offered to drive the boy and his sister to a grandparents housetheir mother gave the uncle her permission to do so. On the way there, the uncle succumbed to the effects of his previous alcohol consumption and marijuana use at the barbeque and crashed the car. The force of the wreck ejected the driver from the vehicle (he suffers from a broken pelvis) and resulted in fatal injury to the nine-year-old. The apparently un-harmed younger sister climbed from the wreckage and went for help. According to police reports, the young sister stated that she and her brother had been yelling for their uncle to slow down just before the wreck occurred.
Currently on suicide watch, the uncle was reported to have a blood-alcohol level of twice the legal limit and admitted that he smoked marijuana at the barbeque, but drove anywayboth acts which violate Oregon car accident lawswill inevitably be determined to have caused the accident. The driver will be booked and charged with DUI upon release from the hospital. As for the nine-year-old nephew in this incident, the family decided to remove him from life support on Sunday as doctors verified that tests revealed that no brain activity was present.
Contact Shulman DuBois LLC for Legal Assistance or Representation of Personal Injury Matters in Oregon
At Shulman DuBois LLC, we offer legal assistance and representation to all types of personal injury cases. Highly-regarded in state, local, and federal judicial systems, we have the experience and success you want on your side should you need to file a lawsuit or negotiate an insurance settlement. If you or a loved one has been injured due to the carelessness of another and need legal advice or assistance with the filing of a personal injury lawsuit or insurance claim, we invite you to contact us for a free consultation.
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.
Front-End Car Accidents Often Result in Lower Body Injuries
on Wednesday, February 20, 2013In its 2012 Crash Report, the Oregon Department of Transportation reported 539 head-on car crashes in 2011, half of which resulted in injuries (44 deaths and 78 major injuries). While all auto accident victims are at risk for every kind of injury from whiplash to traumatic brain injury, front-end collisions have some common injuries that you don’t see in other types of accidents, particularly injuries to the lower body.
Some of the most common injuries sustained in front-end car accidents include:
- Knee and Foot Injury. Being the first point of impact in a front-end crash, your feet and knees are subjected to injury from everything from a broken pinkie toe to a torn Anterior Cruciate Ligament (ACL) when your knees hit the steering wheel or dashboard.’ Even slight impact could result in discomfort (in the case of the broken pinkie toe) or surgery and months of therapy (a common repair for ACL injuries). A serious front-end collision can result in crushed legs, which may require extensive surgery, and possibly amputation of a leg or portion of a leg.
- Leg and Hip Injury. Since the force of a front-end collision is directed toward the lower body, leg and hip injuries are common and could result in surgery, hip replacement, or both, a painful process with a long recuperation time.
- Back/Spinal Cord injury. The severe impact of a head-on collision often results in the force of the crash travelling up the back and causing injury in the form of a herniated disk or permanent spinal injury.
- Chest Injury. The physics of a front-end car collision would make it a reasonable assumption that if you are involved in such a crash, your ribcage and chest could easily be injured as a seatbelt restraint locks or by your body slamming into the steering wheel.
- Cuts, Abrasions, and Bruises. A broken windshield or violently inflating airbag can result in multiple and serious cuts, abrasions, and bruises.
Oregon roadways are designed to avoid front-end crashes from occurring. Consequently, when a front-end collision does occur, odds are, that the accident is the result of significant negligence on the part of one or more of the drivers involved or poor road conditions, either of which may make an injured party eligible for compensation. Types of compensation that may be available to you should you be injured in a front-end collision include the cost of medical expenses, lost wages, loss of future earning potential, hospitalization expenses, therapy, and long-term care.
After A Serious Front-End Collision, Oregon Man Faces Charges in Utah and Arizona
This is an interesting example of a front-end collision. Earlier this week, KSL News reported the occurrence of a high-speed police chase involving a 2007 Honda CRV with Oregon plates that spanned two states and ended in what is believed to have been an intentional front-end collision with a Subaru. The chase began in Arizona when police stopped the driver of the Honda for a lane travel violation. After failing to stop when summoned to do so by Arizona Highway Patrol, the Honda driver proceeded to flee, obtaining speeds of up to 120 m.p.h.
The driver of the Honda was forced to slow down when he came upon spikes that the Utah Highway Patrol had placed across the highway to end the pursuit. ‘But, the spikes did not prevent the driver from swerving through a median guardrail into oncoming traffic.’ The driver of a Subaru faced with the possibility of a front-end collision with the Honda attempted to avoid collision by moving onto the shoulder of the road.’ Unfortunately, according to witnesses, the Honda driver did not even attempt to avoid hitting the Subaru, but appeared to swerve into it intentionally.
On impact, the Honda proceeded to roll several times with the driver being ejected from the vehicle. The Subaru remained upright on the shoulder of the highway. The driver of the Honda was taken to a Las Vegas medical center via helicopter with serious, but non-life threatening injuries; and the driver and passenger of the Subaru were taken by ambulance to a local hospital with minor injuries. Police are still baffled as to why the driver of the Honda fled, but did uncover an outstanding felony warrant from Oregon.’ As a result of this incident, the Honda driver faces charges in both Utah and Arizona.
Contact the Oregon Auto Accident Lawyers at Shulman Dubois LLC for a Free Evaluation of Your Auto Accident Case
If you or a loved one has been injured in an auto accident of any type that was the result of the negligence of another, you may be entitled to compensation for your damages. Contacting a personal injury lawyer experienced in auto accident law can provide you with valuable information and possibly representation concerning any auto accident claim you might have. The experienced Oregon auto accident attorneys of Shulman Dubois LLC offer free consultations and helpful information that could assist you in obtaining the auto accident compensation you are entitled to.’ Contact us today to evaluate your auto accident case.








