Archive for the ‘Pedestrian Accident’ Category

Next Page »

Is it OK to Kill Cyclists…In Oregon?

Posted by Sean DuBois on Thursday, November 14, 2013

 

OK To Kill Cyclists

Amazing article by Daniel Duane in Sunday’s New York Times. Here’s how he starts: “Everyone who knows me knows that I love cycling and that I’m also completely freaked out by it.” With a start like that, you might not be surprised where he ends up: cycling is fun, but dangerous.

His main point: penalties for drivers who hit and kill or maim cyclists are not nearly strong enough. Here’s my favorite line from the article: “If your 13-year-old daughter bikes to school tomorrow inside a freshly painted bike lane, and a driver runs a stop sign and kills her and then says to the cop, “Gee, I so totally did not mean to do that,” that will most likely be good enough.”

He’s right. If the hit was not intentional, and the driver was not drunk, people who kill cyclists – and pedestrians, by the way – generally do not get any jail time, or even a serious fine. (more…)

Pedestrian Accidents Continue to Plague Oregon

Posted by Sean DuBois on Friday, March 1, 2013

Hit by a Car As a Pedestrian, Portland Man Dies on Valentines Day

Being hit by a car as a pedestrian was probably the farthest thing from Portland resident Tommy Ganns mind on Valentines Day as he crossed the street near his home. The incident occurred in the early morning hours of February 14, 2013 as Gann diagonally crossed Southeast Holgate Street and 14th Avenue. Portland police reported that Gann died after being taken to an area hospital. Originally designated as a hit-and-run, the incident was high-publicized as police asked the public for help in locating the driver of a white Ford Econoline with a damaged grilled. Just one day later, a suspect was identified and Ganns family held a vigil on Sunday night at the location of the accident in a show of solidarity while they await the driver to turn himself in to authorities.

85,000 Pedestrians Suffer Personal Injuries Annually

Approximately 85,000 people are injured or killed annually in accidents where they are hit by a car as a pedestrian. Most often occurring at intersections and in crosswalks when vehicles fail to stop for traffic signs, yield the right of way, or stop for lights, pedestrian accidents almost always result in either a fatality or a serious injury. Extremely fragile, the human body is not equipped to withstand the impact of a large, powerful motor vehicle. Pedestrian accidents in any metropolitan area like Portland are most often the result of:

  • Distracted drivers
  • Speeding drivers
  • Negligent drivers
  • Drunk drivers
  • Reckless drivers
  • Inexperienced drivers

The most frequent cause of a person like Tommy Gann being hit by a car as a pedestrian is distraction of the driver, especially during dusk or during the night when it is difficult to notice pedestrian movement. However, limited visibility is never an acceptable excuse for hitting a pedestrian. Drivers are expected to be aware and on the lookout for pedestrians, bicyclists, motorcyclists, animals and other movement around them at all times.

Being Hit by a Car as a Pedestrian Can Result In Serious Injury or Death

Pedestrian accidents result in a number of injuries that include skull fractures, brain injuries, spinal cord injuries, burns, broken bones and sprains, amputation of limbs and other disfiguring injures as well as death. Victims of pedestrian accidents may require expensive and extensive medical treatment, rehabilitation, and physical therapy, all of which may be collectible in the form of damage compensation from an insurance company or the responsible party.

If you or a family member has been hit by a car as a pedestrian in Portland or the surrounding areas and have suffered injury as a result of a pedestrian accident, Shulman DuBois LLC can assist you with your insurance claim or personal injury lawsuit. Offering legal assistance to people who have been injured as a result of accidents of all types, the lawyers at Shulman DuBois LLC are experienced Portland pedestrian injury lawyers you can count on for helpful information and solid legal representation. Contact us for a free evaluation of your pedestrian injury claim or other personal injury issues.

Portland Oregon wrongful death attorneys, fatal accident

Portland Injury Attorney: Knowledge and Experience

Posted by Sean DuBois on Thursday, November 1, 2012

For a lot of folks, finding a Portland injury attorney might start by looking at advertisements online, in the newspaper, or even on television. They may else seek word-of-mouth recommendations, asking friends, family or other legal professionals that they might know who would be the best attorney for them and their particular case or claim.

The choice of an attorney is a difficult one, especially when it comes to dealing with finding a personal injury attorney. Personal injury situations are trying. They often involve terrible injuries or damages, and individuals and families are maxed on their stress, their tolerance, and their patience. The last thing they want to think about is finding an attorney, battling it out with an insurance company, or going to court.

While the entire process of a personal injury claim may be stressful, finding a Portland injury attorney should not be. If you can find a great attorney who possesses these simple, solid characteristics, you can rest assured that your claim or your case is in good hands.

A Personal Injury Attorney Should Have Extensive Knowledge

Yes, when you hire an attorney to assist you with your case, you should make sure that they are, above all else, qualified to work on your case. Knowledge can come from a variety of places. It can come from education and mentoring, and it can also come from working in a particular field for a length of time. Many attorneys will have specialized in a particular area of law, so when you trying a personal injury case, you want to make sure that you have an attorney working by your side who has knowledge of personal injury law.

Also, you will want to make sure that this attorney has knowledge working in the State of Oregon. The laws governing personal injury cases will differ greatly state by state. This means that if you dont have an attorney who knows Oregon personal injury law, youre going into your case half blind.

A Personal Injury Attorney Should Have Practical Experience

Being book-smart and knowing the law is one thing, but knowing how these laws actually come into play during the practice of law is another story. Any personal injury attorney you work with should have practical experience. This means that theyve used what they know extensively in practice. They have used their knowledge of the law to successfully negotiate with insurance companies regarding personal injury claims. They have used their legal knowledge to try cases dealing with personal injury cases and have come out on top.

In Conclusion

Knowledge and experience are vital, but there is perhaps one other item that is even more important. This is the quality of the legal service provided by your Portland injury attorney. Of course, this is the most difficult characteristic to quantify and you will likely have your own way of quantifying it. Regardless of how you do, though, just remember that you should feel the comfort of knowing that your attorney is doing a good job for you.

Pedestrian Deaths in Oregon a Cause for Concern

Posted by Sean DuBois on Thursday, August 9, 2012

It would be fair to say that the majority of Portland pedestrians understand and, for the most part, abide by the rules of the road at intersections or any time theyre crossing a busy street. While knowing and abiding by the rules certainly helps, it doesnt, however, always ensure the safety of pedestrians.

Officials are concerned at the number of pedestrian deaths in Oregon across the state, and while it is true to say that a number of these fatalities were certainly not the fault of the victim, this is scant consolation to those left behind. As such, Portland personal injury attorneys are encouraging pedestrians to be extra vigilant when walking on or crossing a roadway, and to watch out for the other guy, who might not be as diligent and attentive.

Three recent casescrossing at the wrong place; the state employee, and the massive cover-up

Oregon news reports have carried more than their fair share of stories this year regarding the deaths of pedestrians. Each case is different, but in all cases, theres no doubt that devastated, heartbroken families and friends are left behind. Three such Oregon pedestrian death cases in 2012 have attracted considerable attention, including:

 

 

The last case is a classic example of why pedestrians need to take special care when crossing the street. The driver who hit the elderly man said he didnt see the pedestrian until it was too late. Spencer Snow, 25, remained at the scene and immediately consented to a breath test. Police confirmed the reading came back at .00, and said Snow showed no signs whatever of intoxication.

Snow had been driving north on SE 82nd Avenue, and as he approached Insley Street, the pedestrian appeared in front of him. While the death of the pedestrian is without doubt a tragedy, Snow will also be forced to live with the memory of what happened on that fateful night.

Two $260 fines for the state employee

James Sinks, 43, is a spokesman for the Oregon State Treasury, but he had no comment to make on July 26, when he was asked for his version of the events in Salem 10 days earlier. That was when, at about 8:30 on the evening of July 16, Sinks ran a red light and crashed into Connor Jordan, 22, of Vancouver, B.C.

Jordan was crossing Mission Street SE at the intersection with Hawthorne Avenue SE, in a marked crosswalk and with the lights. Sinks was driving a Dodge Dakota pickup truck. Jordan had no chance, and he was pronounced dead at the scene.

While Sinks has been charged by Salem police with failure to obey a traffic control device, as well as failure to yield to a pedestrian in a crosswalk, the only penalties hes facing so far are the $260 fines that accompany each of those charges. Almost three weeks after the accident, the district attorneys office has still not decided whether or not to press criminal charges against Sinks.

The horrifying accident and the shocking cover-up

Nancy Schoeffler was described by her daughter, Solara, as an amazing woman with a heart of gold…her life was cut short by two women who left her in the street to die and went to great lengths to cover it up.

Schoeffler, 63, was out for her normal walk and was mere yards from her home when police allege she was run down by Ashley Chavez, 23, who immediately fled the scene, leaving Schoeffler to die in the road. What followed over the next few weeks was truly shocking, and continues to hold the attention of the public as the tale continues to unfold.

Chavez was finally captured on June 1, in Bellingham, Washington. Thats more than 10 weeks after she mowed down Schoeffler and sped away from the scene. Since then, it seems like each week sees charges being brought against a new member of the conspiracy to cover up what happened that night in March. Those arrested, or for whom arrest warrants have been issued thus far include:

  • Jose Alberto Torres, 28, a co-worker of Chavez at Seterus in Beaverton
  • Angela Kaps-Collins, who was a passenger in the car the night Chavez hit and killed Schoeffler
  • Billy E. Collins Jr., 46, Kaps-Collins husband
  • Christopher M. Rhea, Chavezs boyfriend
  • Josh J. Chavez, the brother of the accused driver

Each of the above have been charged with, by various means, helping to cover up what happened to Nancy Schoeffler on the night she was killed, from tampering with evidence by trying to get the car repaired, to hindering prosecution.

Chavez has pleaded not guilty to all the charges.

What each of the above cases illustrates is that its not just drivers that need to watch out for pedestrians, but those people who are out walking also need to be very aware of the dangers posed by motor vehicles. When a car collides with a pedestrian, there will only ever be one winner, regardless of who follows the rules.

Injuries to pedestrians are frequently so severe, they end up changing the victims life forever. This can put an entire family under incredible pressure, both psychologically and financially.

If you or a member of your family was hit by a car, a motorcycle or even a bicyclist while you were out walking and were injured as a result, you shouldnt have to bear the resulting medical expenses and lost wages. Get in touch with a knowledgeable and very experienced Portland pedestrian accident attorney for a free consultation. They will explain the intricacies of making a PIP claim and help you go about getting compensation from the at-fault driver.

Portland Oregon wrongful death attorneys, fatal accident

Flashing Yellow Lights Contribute to Portland Intersection Accidents

Posted by Sean DuBois on Friday, May 4, 2012

Whenever theres a Portland intersection accident, its logical to assume that two people tried to share the same road space at the same time, and clearly, one of them got it wrong. Or did they? More and more, Portland drivers are arguing that the old system of solid red, yellow and green traffic signals were simple and safer than the new flashing yellow lights that unexpectedly go to solid yellow, seemingly without warning.

Flashing Yellow Lights: Help or Hindrance?!?

The question is, do flashing yellow lights ease gridlock or do they merely create confusion among drivers? Well, statistically, they seem to be doing their job, but you know what they say about statistics.

Since 2009, Washington County has taken out 372 of the old-fashioned signals and replaced them with sets of lights that include the pulsing amber left-turn arrows. Here are some of the reactions.

They relieve gridlock and promote safe turning, said Washington County transportation spokeswoman Victoria Saager.

Peter Koonce, the city of Portlands signals manager, appeared to agree when he said the flashing yellows mean You can enter the intersection, which would, theoretically, reduce some of the traffic back-up at busy intersections.

Not so fast! Tigard traffic officer Rod Morse contradicted Koonce when he said that entering the intersection before its safe to turn would amount to what he called grid locking, or unlawfully obstructing traffic. (more…)

Hit By a Car in Portland: Sidewalks Delayed

Posted by Sean DuBois on Friday, November 18, 2011

If you live in southwest or east Portland and arent 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 youre a pedestrian, the chances you could be hit by a car in Portland are considerably higher than they would be if the citys 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. (more…)

Portland Personal Injury: Ankle Injuries After an Accident

Posted by Sean DuBois on Monday, November 14, 2011

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 theyre 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. (more…)

Next Page »