Oregon Personal Injury Lawyer Blog

Portland Accident Lawyer: Using Oregon’s Basic Speed Rule to Prove Liability

Dane Johnson — Wed, 28 Jul 2010 18:40:03 +0000

Speeding killed more Oregonians than drunk driving, according to a 2008 Oregon Department of Transportation data. There’s no sign that deaths and serious injuries in auto accidents, motorcycle accidents, and pedestrian collisions caused by excessive speed have slowed in the two years since the ODOT study.

Under Oregon’s Basic Speed Rule, a person commits an offense if they drive a vehicle at a speed greater than is reasonable and prudent, having due regard to all of the following:

The traffic;
the surface and width of the highway;
the hazard at intersections;
weather; visibility; and other conditions then existing.

Oregon Basic Speed Rule Violation is Negligence Per Se
Violation of the speed rule can be helpful in proving negligence per se in a civil lawsuit against a defendant driver. The legal term “negligence per se” means negligence as a matter of law. Winning a negligence case requires a plaintiff to prove that an injury was the foreseeable result of conduct that was unreasonable under the circumstances. Under the legal doctrine of negligence per se, however, a defendant’s unexcused violation of a safety statute is simply presumed to be unreasonable.

Disobeying or violating the Oregon Basic Speed Rule by driving too fast for posted limits and conditions is considered negligence per se because the Rule effectively establishes the standards of reasonable care in the operation of a motor vehicle. A driver who is negligent as a matter of law must prove that his or her speed was reasonable under the circumstances.

Proving Liability in an Oregon Car Accident
Negligence per se is not the end of the road. It does not establish a defendant’s civil liability for a plaintiff’s personal injuries or wrongful death. The plaintiff must still prove that the driver’s conduct caused the harm, and the defendant may still prove that he or she was not negligent or that his or her violation of the rule was excusable. These complex legal questions mean that someone hurt in an Oregon car crash should not try to handle a personal injury case without a lawyer.

Consult a Portland Car Accident Lawyer
If you or loved ones have been involved in an automobile collision or motorcycle accident in Oregon, we encourage you to contact us to discuss your case. Call toll free (800) 714-3204 or reach Portland personal injury lawyer Dane Johnson online through our free attorney consultation form.

Eastern Oregon Man Cited after Head-On Collision Injures Two

Dane Johnson — Tue, 06 Jul 2010 21:37:28 +0000

A 30-year-old Jackson County police officer and his father suffered minor injuries in an Oregon car accident over the holiday weekend. According to the Mail Tribune, the car driven by officer Aaron Hull and his father Kenneth was struck nearly head on by an SUV. The SUV driver was reportedly cited for driving under the influence of intoxicants, reckless driving, four counts of reckless endangering, and second-degree criminal mischief. The Mail Tribune reported that the SUV driver was treated and released.

Civil Lawsuits Against Drivers Charged with Crimes
Prosecution for violating Oregon laws does not replace liability to victims. In addition to the criminal charges that an intoxicated driver may face, for example, he or she may incur civil penalties for any property damage or personal injury caused by driving drunk. A stiff fine or prison sentence does little to bring justice to victims and their families, who may have negligence claims against intoxicated drivers for damages. An Oregon personal injury lawyer can help bring those claims to trial in state or federal court.

Both drunk and sober drivers share the same duty of care on the road. Intoxication is not a defense to failing to act as a reasonable driver would in the same circumstances. Failure to meet the duty to act as a reasonable driver may cause serious personal injury or wrongful death. If it does, an Oregon personal injury lawyer may be able to recover compensation for victims or survivors.

Claim for Compensation
Unfortunately, the road to recovery may be even rougher for victims and families than for those who drive while under the influence. An Oregon car accident lawyer willing to stand and fight is essential in what often becomes a brawl for benefits against insurance companies whose goals are to avoid paying claims at almost any cost. If you or loved ones have been hurt by a drunk driver in a car accident in Portland, Salem, Gresham, or anywhere else in Oregon, contact us for a free attorney consultation. Call toll free (800) 714-3204 or use our online lawyer contact form.

Portland Products Liability Lawyer: Latest Drop-Side Crib Recall

Dane Johnson — Sun, 27 Jun 2010 07:31:28 +0000

The dangers of drop-side cribs have become well known. If brackets on their movable sides are defective, gaps between the mattress and the crib side can put infants and young children at risk of death by suffocation. When the drop side detaches at the bottom, a baby can fall into the resulting gap and suffocate between the mattress and the side rail. A baby can also strangle in the “V” shape formed when the top portion of the drop side detaches.

According to the U.S. Consumer Product Safety Commission (“CPSC”), drop-side hardware is prone to break, deform, or experience other problems during normal or foreseeable use. CPSC is aware of 32 infant and toddler suffocation and strangulation deaths and hundreds of incidents that were caused by or related to drop-side detachments in cribs made by various manufacturers.

The this week announced the latest drop-side crib recall. Over two million drop-side cribs from Evenflo, Delta Enterprise Corp., and five other companies were pulled from the market, bringing the total recalled to over million in the past five years.

Drop-Side Crib Safety
CPSC recommends that every time you change the sheets in your baby’s crib, you make sure there are no gaps larger than two fingers between the sides of the crib and the mattress. Make sure all visible bolts and screws are tight. With the mattress out of the crib, wiggle the crib to see how tight all the joints are. If the crib feels loose, wobbly or structurally not sound, tighten all hardware. If the crib remains wobbly after tightening, look for loose wood-to-wood joints that may be causing the problem. Stop using the crib if loose wood-to-wood joints are found. Never try to fix broken cribs with home repairs, such as duct tape.

Our Portland products liability law practice is investigating drop-side crib cases in Oregon. If your child or a child that you know has been seriously hurt or killed by a drop-side crib, we believe that you are entitled to justice. We also believe that manufacturers of defective cribs or other children’s products must be held accountable. We offer a free, confidential attorney consultation. Call us toll free at 800-714-3204, or use our online personal injury lawyer contact form.

Oregon Personal Injury Law: Assault

Dane Johnson — Wed, 16 Jun 2010 22:33:41 +0000

Oregon Personal Injury Lawyer blog explains Oregon law on intentional torts and negligence in a new series of posts on jury instructions. Using civil trial instructions given by judges in our state’s circuit courts, these posts aim to demystify common personal injury claims.

Jury Instruction: Assault

An assault occurs when (1) one commits an act intending to cause a harmful or offensive contact with the person of another, or to cause a belief by the other person that a harmful or offensive contact may immediately occur, and (2) the other person reasonably believes that such a contact is likely to occur immediately.

What is assault?
It’s common to hear people talk about “assault and battery.” Although the two often go together, they’re not one and the same. But what’s the difference? How can you tell if someone has battered you, assaulted you, or both?

In Mays v. Huling Buick Co., 246 Or 203, 205, 424 P2d 679 (1967), the Oregon Supreme Court pointed out that the “simplest area of tort law is that on the intentional infliction of physical harm. As more than one law teacher has observed, everyone can understand a punch in the nose.” It’s the punch—or any other offensive touching—that is a battery.

Threat of harm is enough
Assault does not require any contact between the plaintiff and defendant. Instead, the tort of assault protects the victim against the threat of physical harm. If an aggressor causes a victim to reasonably believe that a battery is about to be committed against him or her, then the victim has been assaulted. In such a case, the victim has a legal right to recover damages—even if the aggressor doesn’t carry out the threat.

Contact an Oregon personal injury attorney
If an assault, battery, or other wrongful conduct has been committed against you or a loved one, contact our Portland injury law office. We provide an attorney consultation at no cost to evaluate your potential case. Call toll free (800) 714-3204 or use our online attorney contact form.

Oregon ATV Accident Kills Teenager

Dane Johnson — Wed, 02 Jun 2010 07:22:11 +0000

Oregon Personal Injury Law Blog is saddened to learn that Ellie Jean Powell, 19, was killed in an ATV accident on May 29, 2010, after an airborne ATV struck her during an organized jumping event at the Oregon Dunes National Recreation Area. According to an Oregonian report, Ms. Powell was killed when she “ran into the path” of the vehicle, a 2007 Suzuki 400 Quad ATV.

News reports appear to leave a number of questions unanswered. Some are unique to this particular tragedy. How was the victim able to run into danger during an organized extreme sport event involving ATV jumping? Were adequate barriers or warnings present? Was the ATV being operated in an area restricted to spectators? Other questions apply equally to the thousands of ATV injuries and deaths that occur every year. Were there any vehicle defects in the ATV that caused the driver to lose control and led to the fatal impact? Was the cause a negligent driver or an owner who entrusted an ATV to an inexperienced driver?

Oregon ATV Laws
U.S. Consumer Product Safety Commission data show 164 total reported deaths in Oregon involving ATVs in the 1982-2008 period. Nationally, the figure is nearly 10,000 deaths, with 135,100 emergency room-treated injuries related to ATV use in 2008 alone. Tragedies like the accident that killed Ms. Powell are devastating reminders of ATV dangers, even when the most careful drivers are at the controls. If you or loved ones ride quad ATVs, side-by-side ATVs, older three-wheeler ATVs, or other recreational vehicles, our personal injury law office urges you to follow Oregon ATV laws and learn to operate your off-road vehicle safely. We extend our deepest sympathies to those involved in the accident discussed here.

The personal injury Law Office of Dane E. Johnson is not representing or offering to represent any of the parties involved in the accident discussed above. Our information sources are cited below. If you or a family member were not involved and were hurt in another ATV rollover or other off-road vehicle accident, we offer a free attorney consultation. Call us toll free at (800) 714-3204 or use our online contact form.

Oregon Auto Accident Attorney Supports Greater Vehicle Safety Protections

Dane Johnson — Mon, 24 May 2010 05:58:41 +0000

Auto safety laws being debated in Congress could help save drivers’ lives. Important new mandatory safety protections and increased civil penalties for safety violations may help prevent future problems like Toyota’s ongoing sudden acceleration issues. At least fifty deaths and 8.5 million cars are involved so far in that continuing debacle.

Pending auto safety legislation should increase civil penalties for vehicle manufacturers that fail to report safety problems. Congress should also enhance public disclosure of “early warning” data that auto manufacturers submit to the National Highway Traffic Safety Administration. Such data help consumers discover whether there might be a problem with vehicles they own or plan to buy.

Other important car and truck safety legislation should require “black box” event recorders on vehicles to identify exactly what happens in crashes. Recorders would clarify whether the defense of “driver error” has merit and expose malfunctions and safety hazards. Requiring a brake-override standard would help prevent runaway vehicles where malfunctions caused unintended acceleration.

Civil Justice System Protects Injured Drivers and Passengers
Lawyers for defective vehicle victims and those injured by driver negligence have propelled numerous road safety innovations. Litigation has led to safer gas tanks, side impact protection, seat belts, roof crush protection, safer tires, electronic stability control, secure door latches, elimination of “illusory park” transmissions, air bags, child-proof power windows, and seats built to withstand accidents. It has also given crash survivors the compensation that they deserve and the financial stability that they need to rebuild lives.

Portland Car Crash Attorney Consultation Free
The Law Office of Dane E. Johnson, LLC is a Portland personal injury law firm for victims of car and truck crashes. We provide an initial consultation to evaluate potential motor vehicle collision cases at no charge. If you or loved ones have been hurt by a defective vehicle or a negligent driver, contact us online or call toll free (800) 714-3204.

Oregon Accident Attorney: Evidence in Motor Vehicle Crashes with Serious Personal Injury or Wrongful Death

Dane Johnson — Sat, 03 Apr 2010 05:20:32 +0000

A serious auto collision or other motor vehicle accident can injure or kill a driver, passenger, or pedestrian in an instant. Almost as quickly, the physical evidence that can be vital to proving liability and recovering compensation can also be irreparably damaged.

Gathering and preserving physical evidence found at an accident scene is extremely important. Skid marks, scuff marks, gouges, tire prints, and similar impressions may remain on the roadway only for a short time before they are erased or corrupted. Broken glass, dirt, and debris may be scattered almost immediately. Once these pieces of data are moved, obscured, or intermingled with more recent marks, the personal injury lawyer’s task of proving negligence becomes significantly harder.

Exact measurement of this physical evidence is necessary to give the jury a complete picture of the auto accident scene. When a car or motorcycle crash is unwitnessed, the pieces of information left behind by a speeding vehicle are even more important. Precise measurements can enable accident reconstruction, revealing what happened in exact detail long after the event has passed.

Saving this vital information before it is lost means that in any car crash, important steps should be taken immediately if at all possible. Photograph the cars involved in the accident, get the names of any witnesses, and see a competent medical doctor for back and neck injury or other injuries caused by the crash. An accident attorney should also be consulted without delay. If the other driver was at fault, you may be entitled to compensation for personal injuries, car damage, and lost wages.

Free Consultation with a Portland Accident Attorney
Auto accident cases can be represented on a contingency fee basis. This means that in most cases, the injured person does not need to pay an upfront retainer or hourly fees to hire a lawyer. The Law Office of Dane E. Johnson, LLC is a Portland personal injury law firm for plaintiffs hurt by car crashes or pedestrian collisions. An initial attorney consultation to evaluate your potential case is available at no charge. If you or loved ones have been hurt by a negligent, careless, or intoxicated motorist, contact us online or call toll free (800) 714-3204.

Portland Accident Lawyer: Speed a Factor in Many Car Crashes, Serious Injuries, Wrongful Death

Dane Johnson — Wed, 24 Mar 2010 06:34:02 +0000

Speed may have been a factor in a Eugene car crash on I-5 this morning, officials said. A 2006 Mitsubishi Eclipse heading southbound on I-5 left the right shoulder, hit a guardrail, crossed the center median, and then hit a southbound Toyota, which then hit a third vehicle. Fortunately, local media reports on the motor vehicle collision described injuries as non-life-threatening.

Speeding-related traffic crashes claim over 13,000 lives annually according to the National Highway Traffic Safety Administration (“NHTSA”). Driving too fast contributes to about 30 percent of all fatal car accidents, and the reasons speeding is such a dangerous practice are simple:

Speeding reduces a driver’s ability to negotiate curves or maneuver around road obstacles
Speeding extends the distance traveled before a vehicle can stop
Speeding increases the distance a vehicle travels while the driver reacts to a hazard
Speeding increases the risk of crashes and serious personal injury because other vehicles and pedestrians may not be able to judge distance correctly.

Unfortunately, many drivers in an NHTSA survey felt that it was “safe” to speed in certain situations, such as in areas where children, playgrounds, or schools were not located. “Running late” was cited as the reason for speeding by nearly half of drivers surveyed, with trying to keep up with traffic, good road conditions, or an emergency next.

Driving above the speed limit makes a driver more likely to take risks and make unsafe lane changes, both of which may cause automobile accidents. The personal injury that follows a motor vehicle collision at speed is likely to be serious. A car driven at high speed has a greater force at impact, and significant amounts of that force transfer to vehicle occupants. Many times, passengers, other motorists, and pedestrians are seriously injured or killed by a speeder’s negligence.

After a serious car accident, motorcycle accident, or truck collision, it is essential to protect your rights. Oregon injury lawyer Dane Johnson offers a free consultation to discuss the legal aspects of a car crash and evaluate your potential case.

We accept motor vehicle accident cases on a contingency fee basis. Call an attorney directly at (503) 975-8298, call the Law Office of Dane E. Johnson toll free at (800) 975-8298, or contact us online.

Brake Failure Blamed for Oregon Truck Crash

Dane Johnson — Wed, 17 Mar 2010 08:19:05 +0000

A dump truck driver hauling a flatbed trailer loaded with concrete and other heavy debris crashed the vehicle through a guardrail and off a bridge this week, landing in a creek in Clackamas County. According to the Oregonian, the driver was conscious and breathing and transported to Oregon Health and Science University Hospital. No one else was apparently injured in the heavy truck crash. This truck driver’s recovery is certainly something to hope and pray for, and our sympathies go out to him and his family.

The alleged cause of this serious motor vehicle accident, however, does provide an opportunity to help other injured people hurt by discussing negligence relating to brakes. A defendant driver in a rear-end collision, car accident, truck accident, motorcycle accident, or pedestrian collision for example, may raise brake failure as a potential defense. A driver injured by his own vehicle’s defective brakes may also have claims, such as against mechanics or automotive products manufacturers. This post focuses on the failed brake defense and how a plaintiff’s car crash lawyer approaches it.

Strategy for dealing with the defense of brake defects
If the defense relies on unexpected brake failure, a plaintiff’s personal injury lawyer can take several different courses:

Dispute the claim that the brakes were defective.
Disprove the claim by showing evidence of tire skid marks at the scene or witness statements describing the sound of screeching tires.
Investigating whether the defendant failed to warn the plaintiff of the brake defect by sounding the vehicle’s horn.
Investigating and proving that the defendant was driving too fast and following the plaintiff’s car too closely. If the brakes failed partly, the defendant might still have been able to stop had he driven with reasonable care.
Investigating the condition of the defendant vehicle’s steering to counter the possible argument that the wheels locked and prevented the defendant from swerving to avoid the plaintiff when the brakes failed.
Establishing that the defendant knew that the brakes were in a defective condition, failed to have the defect corrected, and drove anyway.

If a defendant driver’s insurance company denies liability because the driver’s brakes allegedly failed, it is essential to secure the vehicle immediately for expert inspection. Once a personal injury lawyer has been engaged, he or she can take prompt steps to protect the evidence needed to rebut the brake failure defense.

Contact an Oregon attorney for your auto accident claim
The serious personal injury and property damage that a truck collision, car accident, motorcycle accident, or pedestrian impact can cause requires aggressive legal representation. The law office of Portland, Oregon injury attorney Dane Johnson provides a no-cost, no-obligation case consultation to discuss your injuries and help protect legal rights. Contact us online or call toll free (800) 714-3204.

How Brain Injury Myths Can Prevent or Delay Diagnosis and Treatment of Mild Traumatic Brain Injuries

Dane Johnson — Sun, 07 Mar 2010 09:41:23 +0000

When auto accidents, falls, and other traumatic events occur, the people harmed generally receive prompt treatment for life-threatening injuries and broken bones. Mild traumatic brain injury (“MTBI”), however, may well go undetected. Doctors may fail to diagnose or treat traumatic brain injuries, and attorneys may fail to recognize the need for diagnosis and treatment because of certain brain injury myths.

Part of the problem is the inability of imaging tools to identify pathology caused by mild traumatic brain injury. Despite its serious effects, pathology may be very slight when compared to that seen in moderate and severe head injuries. Diagnostic imaging technologies that can detect clinical signs of mild TBI are expensive. Doctors and hospitals may believe that advanced imaging technology should not be deployed for injuries that are not life threatening.

Without knowledge of the epidemiology of brain injury, minor or mild brain injuries may be missed. Two false assumptions seem to have the greatest need for correction. First, a person does not need a loss of consciousness to suffer brain trauma. A change in mental state, such as being dazed or confused, amnesia, or neurologic deficit may indicate mild brain injury even if the patient remains conscious after impact. A neurologic deficit is a functional abnormality of a body area due to a decrease in the function of the brain. Examples include inability to speak, decreased sensation, loss of balance, weakness, mental function problems, visual changes, abnormal reflexes, and walking problems.

An important aspect of loss of consciousness as a requirement for a diagnosis of brain injury is that the patient may revive after going unconscious momentarily before medical personnel arrive to treat and transport. If no witnesses see the impact, and the patient has no memory of what happened, the hospital chart note may never record the period of unconsciousness. The diagnosis of brain injury may go unmade. If so, proof that a TBI occurred is likely to become considerably more difficult.

Second, a person does not need to strike his or her brain in order to suffer brain trauma. Head trauma and subsequent brain injury can occur either directly or indirectly. Force directed against the victim’s head as the result of striking or being struck can be a direct cause of brain injury, and external force of sufficient magnitude is likely to be fatal. But transmitted forces which do not physically impact the outside of the head may also injure the brain through bruising (bleeding), tearing, or swelling. Examples of indirect trauma include acceleration-deceleration injuries such as whiplash.

If direct injury to the brain did not occur, emergency room doctors may focus on more obvious external injuries. Learning the signs and symptoms of head injury that may be associated with brain trauma is an important step for those caring for an injured person.

If you or a loved one have been hurt in a fall, car accident, sport, or other impact, contact us promptly. The Law Office of Dane E. Johnson is dedicated to helping brain injury victims recover compensation for their injuries. We offer a no-cost, no-obligation case consultation to evaluate potential TBI legal claims. Contact Portland injury attorney Dane Johnson toll free at (800) 714-3204, or tell us about your case online.

Related Web Resources
Dr. Glen Johnson, Common Indicators of a Head Injury