Oregon Personal Injury Lawyer Blog — Portland Accident Attorney Dane E. Johnson

June 2, 2010

Oregon ATV Accident Kills Teenager

by Dane Johnson

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.

May 23, 2010

Oregon Auto Accident Attorney Supports Greater Vehicle Safety Protections

by Dane Johnson

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.

April 2, 2010

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

by Dane Johnson

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.

March 24, 2010

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

by Dane Johnson

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.

March 17, 2010

Brake Failure Blamed for Oregon Truck Crash

by Dane Johnson

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.

March 7, 2010

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

by Dane Johnson

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

March 1, 2010

Oregon Personal Injury Lawyer Blog Spotlight on Traumatic Brain Injuries During National Brain Injury Awareness Month

by Dane Johnson

March is National Brain Injury Awareness Month. As a Portland, Oregon personal injury lawyer, motor vehicle crashes and car accidents are among the cases that I consider most often. They are also among the leading causes of traumatic brain injury (“TBI”). Thus, this month, Oregon Personal Injury Law Blog will focus on TBI in a series of posts on the causes and the consequences of these types of serious personal injuries.

TBI is a serious health concern. According to data published by the U.S. Centers for Disease Control “CDC”), traumatic brain injury is a leading cause of death and disability among children and young adults in the United States. In a 1999 report, the CDS estimated that each year some 1.5 million Americans sustain a TBI.

Despite public-health efforts to lower the incidence of TBI since 1999, approximately 1.4 million people continue to sustain TBIs each year in the United States. As a result, some

50,000 people die.
80,000 to 90,000 people experience the onset of long-term disability.
235,000 people are hospitalized and survive.
1.1 million people are treated and released from an emergency department. Others may sustain a TBI without ever being seen in an emergency department or receiving care.

The Brain Injury Association of America defines a TBI as a blow or jolt to the head or a penetrating head injury that disrupts the function of the brain. Such an injury may range in severity from “mild” (a brief change in mental status or consciousness) to “severe” (an extended period of unconsciousness or amnesia after the injury). Consequences may include functional changes affecting thinking, language, learning, emotions, behavior, and/or sensation. TBI has also been implicated as a cause of epilepsy. It increases the risk for Alzheimer’s disease, Parkinson’s disease, and other brain disorders.

Brain Injury Association statistics show that motor vehicle crashes, including car accidents, motorcycle accidents, and truck collisions, account for 20% of TBIs. Falls cause 28% of TBI cases. Sports may cause concussions, which are a form of TBI. Youth sports are of particular concern. About 135,000 sports- and recreation-related traumatic brain injuries, including concussions, affect children ages 5 to 18.

Not every head injury is a TBI, but every head injury is serious. If you or a loved one have sustained a blow or other impact during a fall, car accident, sports practice, or athletic competition, contact a traumatic brain injury attorney promptly. The Law Office of Dane E. Johnson provides a no-cost, no-obligation case consultation to evaluate potential claims for personal injury involving TBI. Contact Portland injury attorney Dane Johnson toll free at (800) 714-3204, or tell us about your case online.

February 23, 2010

Portland Products Liability Lawyer: More Granola Bars Sold in Oregon Recalled for Salmonella Risk

by Dane Johnson

Oregonians packing granola bars when heading out on hiking trails, mountain bikes, or any of the many other recreational opportunities that exist in our state should approach these snack foods with increasing caution. Trader Joe’s Chocolate Chip Chewy Coated Granola Bars have already been the subject of a voluntary recall because they could be contaminated with salmonella, an organism which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems.

Healthy persons infected with Salmonella often experience fever, diarrhea (which may be bloody), nausea, vomiting and abdominal pain. In rare circumstances, infection with Salmonella can result in the organism getting into the bloodstream and producing more severe illnesses such as arterial infections (i.e., infected aneurysms), endocarditis, and arthritis.

Now, the U.S. Food and Drug Administration (“FDA”) has announced the recall of several other granola bar products. According to the federal agency, all date codes of fresh&easy Chewy Chocolate Chip Granola Bars and certain Health Valley Organic Peanut Crunch, Dutch Apple, and Wildberry Chewy Granola Bars have the potential to be contaminated with Salmonella.

The FDA urges consumers who have purchased any products covered by these granola bar recalls to return them to the store of purchase for a full refund. If you or loved ones have contracted Salmonella or another food-borne illness after eating these or other products, contact your doctor promptly. A Portland, Oregon personal injury lawyer and product liability attorney may be able to assist in recovering compensation for medical costs, lost wages, and other harms caused by defective food products. The Law Office of Dane E. Johnson provides a no-cost legal consultation. Contact us toll free at (800) 714-3204 or use our online attorney contact form here.

February 16, 2010

Portland personal injury lawyer: Oregon rejection of BPA ban leaves dangerous products for babies and children on shelves

by Dane Johnson

The Oregonian is reporting that the state legislature has failed to enact a proposed ban on Bisphenol A (BPA), an industrial chemical present in many hard plastic bottles, including baby bottles and sippy cups. BPA is also found in many metal-based food and beverage cans. Recent studies indicate the chemical has an adverse effect on the brain, behavior, and prostate gland in fetuses, infants, and young children.

In a shift from its prior opinion that BPA is safe, the U.S. Food and Drug Administration now says that it is “taking reasonable steps to reduce human exposure to BPA in the food supply.” These steps include “supporting the industry’s actions to stop producing BPA-containing baby bottles and infant feeding cups for the U.S. market . . . .”

Half of the Oregon Senate, however, apparently concluded that such a step was unreasonable in this state. The Washington state legislature recently adopted a BPA ban with strong bipartisan majorities, joining an increasing number of states that have enacted laws banning BPA from baby and children’s products sold within their borders. Last year, for example, Connecticut and Minnesota banned BPA in food and drink containers intended for children 3 and younger. Chicago and Suffolk County, N.Y. passed similar laws. Canada has banned the chemical from baby bottles country wide.

Oregon’s senate, however, split 15-15. According to the Oregonian, opponents of the proposed ban feared that it “would be a first step toward banning BPA from the lining of canned products, which they said would hurt Oregon food processors because there aren’t adequate alternatives.”

The Oregon Environmental Council called the ban’s failure an example of “industry pressure [that] has triumphed over protecting the health of Oregon’s children.” There criticism appears well taken. Consumer demand has already compelled leading manufacturers to produce BPA-free products. Nalgene, for example, has explained that it will “transition our polycarbonate product line to Eastman Tritan™ copolyester. This product joins our family of bottles and containers made of various non-BPA materials such as HDPE, PP, LDPE and PET.” Other companies have similarly responded to consumer demand for BPA alternatives.

There would seem to be no reason to believe that Oregon companies could not find—or innovate—BPA-free packaging. The FDA appears to believe that eventual elimination of BPA is a reasonable precaution, and the agency has called for federal regulations allowing it to take greater control over BPA. FDA is reportedly working to facilitate the development of BPA alternatives for the linings of infant formula cans, and it has stated its support for efforts to replace BPA or minimize BPA levels in other food can linings.

Current BPA food contact uses were approved under federal food additive regulations issued more than 40 years ago. In failing to ban BPA from infant’s and children’s food containers sold in Oregon, the state legislature stumbled on what should have been an easy step forward.

If a defective or dangerous product has caused serious harm to you or loved ones, contact Portland personal injury lawyer and Oregon products liability attorney Dane Johnson. The Law Office of Dane E. Johnson offers a no-cost, no-obligation legal consultation. Call us toll free at (800) 714-3204, or use our online contact form.

February 11, 2010

Pedestrian killed in Oregon border car crash identified

by Dane Johnson

The Oregonian is reporting that Oregon State Police have identified a pedestrian killed near the Oregon-California border last week. Lloyd Anthony Bell Sr. attempted to cross U.S. 101 when a car struck him. Mr. Bell was transported to a nearby hospital, but died shortly after.

According to police, Mr. Bell was hit while crossing a four lane highway with a 45-mph speed limit and no street lights. An investigation into the fatal pedestrian collision is continuing.

Pedestrian crashes causing serious personal injury or wrongful death occur with alarming frequency. Oregon Department of Transportation statistics show that over 550 pedestrians were injured and 45 were killed in motor vehicle crashes in Oregon in 2004. Worse, half of the pedestrians who are struck by vehicles are hit while they are in a crosswalk.

Under Oregon laws, a driver has specific duties to a pedestrian in a crosswalk, whether or not the crosswalk is marked. Remember these simple rules:

When turning at a signal, it’s your lane plus six feet. Drivers must stop and remain stopped for pedestrians until they have cleared the lane into which the vehicle is turning and at least 6 feet of the next lane.

At any other crosswalk, it’s your lane plus the next lane: Drivers must stop and remain stopped for pedestrians until they have cleared both the lane in which the vehicle is traveling and the next lane.

If a pedestrian collision has affected you or loved ones, a Portland, Oregon personal injury lawyer may be able to help recover compensation for your loss. The Law Office of Dane E. Johnson offers a no-cost, no-obligation attorney consultation to discuss your legal rights. Contact us toll free at (800) 714-3204 or online.

← Previous Entries

Next Entries →

Oregon ATV Accident Kills Teenager

Oregon Auto Accident Attorney Supports Greater Vehicle Safety Protections

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

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

Brake Failure Blamed for Oregon Truck Crash

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

Oregon Personal Injury Lawyer Blog Spotlight on Traumatic Brain Injuries During National Brain Injury Awareness Month

Portland Products Liability Lawyer: More Granola Bars Sold in Oregon Recalled for Salmonella Risk

Portland personal injury lawyer: Oregon rejection of BPA ban leaves dangerous products for babies and children on shelves

Pedestrian killed in Oregon border car crash identified

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