Articles Posted in Truck Accidents

by

One driver is hospitalized in Portland with serious injuries after an Oregon truck crash involving two fully-loaded log trucks, according to local media reports.

The accident took place late Wednesday morning on Highway 226 between Lyons and Scio, southeast of Salem. An eastbound log truck tipped over as it tried to make a right-hand turn, according to The Oregonian. As it turned over, the eastbound truck crashed into another log truck heading west on the same road. The driver of the eastbound truck was flown by helicopter to a Portland hospital, where he is listed in serious condition.

The accident reportedly closed the highway for several hours while police investigated.

Continue reading

by

Construction site flagger John Sparks, 51, of Salem died Saturday after being run over by a dump truck. The Beaverton accidental death took place on 173rd Avenue, near Walker Road in Washington County where construction crews have been at work since July.

Witnesses said Sparks was doing his job as a traffic flagger when the dump truck backed over him. Police investigating the Oregon truck accident say it is likely Sparks was standing in the truck’s blind spot when he was hit. The driver of the truck was checked for drug or alcohol use, but a Beaverton police detective told reporters at the scene the tragic death “just looks like a freak accident.”

Sparks, an employee of Mama Jo’s Flagging, died at the scene. Residents near the work site lit candles in Sparks’ memory, and have also constructed a makeshift memorial.

Continue reading

by

This week, the US Department of Transportation is hosting the Distracted Driving Summit. During the two-day meeting, attended by senior transportation officials, safety advocates, government officials, academics, and law enforcement representatives, attendees are expected to discuss the dangers that can arise when a motorist is texting while driving or engaged in another distracted driving habit.

Our Portland, Oregon car accident lawyers welcome the good news that lawmakers and safety officials are taking a closer look at distracted driving. About 8,000 auto accidents occur each year due to distracted driving. Distracted driving is any activity that compels a motorist to take his or her eyes off the road, the hands off the wheel, and/or focuses the mind on anything other than driving. Talking on the phone, reading, painting one’s nails, putting on makeup, text messaging, surfing the Web, and Twittering are just some examples.

Each of these harmless activities become dangerous when done while driving. The injuries that result during an Oregon motor vehicle accident can be fatal. Meantime, surviving loved ones are left to cope with the inconsolable loss of a loved one who died because someone was distracted while driving.

To get motorists to stop engaging in distracted driving, AAA and AAA Foundation for Traffic Safety are calling on drivers to put away any distractions for just one week. Heads Up Driving Week will take place from October 5 – 11. The recommendation is “Try it for a week – do it for life.”

More Facts about Distracted Driving:
• Driver inattention is a factor in over 1 million North American auto accidents each year.
• Most drivers spend more than half of their driving time engaging in a secondary task.
• Using a cell phone while driving increases a driver’s crash risk by up to 4 times.
• Even though the AAA Foundation’s 2009 Traffic Safety Culture Index found that 95% of motorists now know that texting while driving is not acceptable, 18% still text or email while driving.

Throughout the state, Portland, Oregon injury attorney Matt Kaplan represents clients who were injured in car accidents, truck crashes, bicycle collisions, pedestrian accidents, and motorcycle crashes involving negligent drivers.

U.S. Transportation Secretary Ray LaHood Announces Agenda for Distracted Driving Summit, Department of Transportation, September 16, 2009
The Facts about Distracted Driving – Know the Dangers/Avoid the Risks, AAA Foundation.org
Related Web Resources:
Hands Free, Text Messaging, and Cell Phone Driving Laws

National Highway Traffic Safety Administration

Continue reading

by

A dump truck accident on Oregon 18 has claimed the life of a 16-year-old Yamhill girl, while seriously injuring her father. Now, Heather Ann Snyder’s family is left to deal with her loss, as well as with the challenges of helping her father, Frank D. Snyder, recover from his injuries while facing a life without his daughter.

On August 25, the two of them were crossing the Intersection of Lafayette Highway and Highway 18 in their Toyota Camry—the teenager was driving—when the vehicle was struck by a dump truck that was pulling a dump trailer carrying a full load.

The driver of the dump truck was 65-year-old Sheridan resident Roger Dean Wise. Wise reportedly tried to prevent the Oregon truck accident from happening by braking hard and steering left. Unfortunately, his large truck struck the driver side of the Camry.

Heather Ann was pronounced dead at the crash site. Her 47-year-old father had to be flown to Oregon Health Sciences University. Wise was not injured in the Yamhill, Oregon truck collision.

2008 Oregon Truck Facts (Oregon.gov)
• 1,261 truck accidents
• The truck was at-fault in 688 of these collisions
• 633 truck crashes can be attributed to the truck driver
• 35 truck crashes were caused by mechanical challenges
• 498 Oregon truck accident deaths
The sooner you report your Oregon truck accident, the faster your Portland, Oregon truck crash lawyer can send someone to examine the collision evidence as soon as possible. Truck logs will need to be obtained, and your injuries will have to be evaluated to determine the likely cost of recovery.

Most trucking firms are equipped to combat personal injury and wrongful death lawsuits brought by Oregon truck accident plaintiffs. This is why you need someone working for you who will protect your right to financial recovery.

Teen dies in Yamhill County accident, KGW, August 26, 2009
Truck-at-fault crashes decline in 2008, Oregon.gov

Continue reading

by

Jury selection is scheduled to begin today in the Portland, Oregon truck accident lawsuit against C.R. England and truck driver Jesus Nieves Olivares. The trucker was transporting a trailer loaded with bananas in late 2005 when he ran a red light and struck the Ford Escort Station wagon driven by Marjorie Dunn.

The 85-year-old woman sustained serious injuries from the accident and Dunn would go on to sue Nieves Olivares and the trucking company for Portland, Oregon personal injury. Following Dunn’s death from cancer, her daughter, Andrea Lister, pursued the truck accident case against the defendants. The complaint accuses the defendants of gross negligence.

C.R. England Inc. considers itself the biggest refrigerated trucking company in the US. Lister says C.R. England ignored Nieves Olivares’s inexperience as a truck driver, his criminal record (for murder), and his history of drug use. She also contends after determining that Nieves Olivare met the minimum hiring requirements, the trucking company hired him, provided him with just a few weeks training, and then put him to work.

Continue reading

by

The Virginia Tech Transportation Institute has issued new findings reporting that truckers who text message while driving their trucks increase their chances of getting involved in a truck crash or a near-truck accident by 23 times. The study also notes that while car drivers place themselves most at risk when dialing cellular phones while driving, a cell phone dialing truck driver is 5.9 times as likely to get into a truck crash—compared to a car driver, who is 2.8 times more likely to get involved in a car accident while dialing a phone.

Even just reaching for an electronic device increases the traffic accident risks for both truck drivers and car drivers. The trucker’s chances of crashing becomes 6.7 times greater, compared to a car driver, whose chances increase by 1.4 times.

The study used research conducted between 2004 to 2007. According to Rich Hanowski, the transportation institute’s Center for Truck and Bus Safety director, the greatest risk that text messaging poses for truckers and other drivers is that the motorists are looking at their phones or electronic devices and not the roads.

Hanowski says that studies show that drivers have been known to spend nearly five seconds with their eyes off the road when checking their phones or electronic devices—and while this amount of time may not sound very long, it is enough time for a catastrophic accident to happen. Just think, in 4.6 seconds a vehicle traveling at 55mph while have traveled an entire football field’s length—imagine how many vehicles the driver may fail to see while checking a text message.

Some 200 truck drivers from seven trucking fleets took part in two studies. One study was conducted in 2004. The second one was concluded in 2007. Most of the texting data came from the second study. 21 crashes and 197 near accidents occurred. Software was used to identify these incidents. Software identified 37 near collisions that occurred while the truck drivers were texting.

Truck drivers cannot afford to text message or talk on a cell phone while driving. If you were injured in an Oregon truck crash because the trucker was distracted, you need to speak with a Portland, Oregon personal injury lawyer as soon as possible.

How the Driving Tests Were Conducted, New York Times, July 27, 2009
More Details About the Findings (PDF)

Related Web Resources:
Virginia Tech Transportation Institute

Center for Truck and Bus Safety

Continue reading

by

The hope that using hands-free cell phones while driving is safer than talking on a hand-held phone while operating a motor vehicle went out the window after news surfaced that the National Highway Traffic Safety Administration withheld research as far back as 2003 showing that use of any kind of cell phone when driving is dangerous. Researchers even went so far as to draft a letter expressing concern that laws banning hand-held cell phones would not be enough to eliminate the safety risk.

Just talking on the phone is a form of distracted driving—it doesn’t matter whether you are holding the phone or using a headset. Talking on a cell phone slows a motorist’s reaction time and takes his or her attention off the road and away from driving and can cause a motor vehicle crash.

Apparently, NHTSA researchers knew as far back as 2002 that cell phone use while driving caused 240,000 traffic accidents and almost 1,000 motor vehicle deaths that year. Yet a former NHTSA head says he was encouraged to hold back the information so as not to anger Congress. The agency was warned to focus on gathering facts, rather than lobbying states to come up with tougher driving laws regarding wireless devices.

If only this information was made available to the public back then, talking on the phone and text messaging while driving may not have become unsafe driving habits that have grown to such epidemic proportion that some states have passed laws restricting cell phone use while driving. Now, even though motorists finally know how dangerous talking on a cell phone and texting while driving can be, many of them are finding it hard to stop.

How many lives could have been saved if this information had come to the surface six years ago? The traffic accident toll from cell phone use—currently about 2,600 fatalities, 636,000 traffic accidents, and 330,000 a year—has almost doubled in less than a decade. Even now, not all US states have laws banning hand-held cell phones. In Oregon, HB2377 was recently passed by legislators seeking to ban hand-held phones while driving. Hands-free cell phones, however, would still be allowed.

Each day, in many US states, hundreds of thousands of drivers continue to talk on hands-free cell phones while driving because they think that they are actually practicing safe driving habits. Meantime, one study from University of Utah psychologists equates cell phone use while driving to drunk driving.

Talking on any kind of cell phone while driving is considered a form of distracted driving that can cause Portland, Oregon car crashes, truck accidents, bus collisions, and pedestrian injuries.

Withheld research confirms driving danger of cell phone use, DelawareOnline.com, July 24, 2009
NY Times: Federal agency withheld warnings about distracted driving risks, Bikeportland.org, July 21, 2009
Related Web Resources:
US Wireless Communication Devices While Driving, NY Times, July 2003
Drivers on Cell Phones are as Bad as Drunks, University of Utah

Continue reading

by

The National Highway Traffic Safety Administration is reporting that there were 416 Oregon traffic deaths. This fatality figure is slightly lower than the 455 Oregon traffic deaths that occurred in 2007.

More 2008 Oregon Traffic Facts:
• 290 passenger vehicle occupant deaths
• 91 of the victims were unrestrained
• Alcohol was a factor in 136 traffic deaths
• 128 speeding-related deaths
• 48 Oregon motorcycle deaths
• 51 Oregon pedestrian deaths
Nationally, there was also a decline in US traffic fatalities, with 37,261 deaths last year compared to 41,259 traffic deaths that occurred in 2007.

More 2008 US Traffic Accident Facts:
• 11,733 drunk driver-related deaths
• 716 pedalcyclist deaths
• 4,378 pedestrian fatalities
• 5,290 motorcycle deaths
• 677 large truck fatalities
• 25,351 passenger vehicle deaths
• 2,346 traffic injuries
• 2,072,000 people injured in passenger vehicles
• 23,000 large truck deaths
• 96,000 motorcycle injuries
• 69,000 pedestrian injuries
• 52,000 pedalcyclist injuries (compared to 43,000 injuries the year before)

While there was a decline most kinds of traffic fatalities between 2008 and 2007, there was an increase in motorcycle fatalities—from 5,174 deaths in 2007—and pedalcyclist fatalities—from 701 deaths.

Common causes of 2008 Oregon motor vehicle crashes included:
• Drunk driving
• Drowsy driving
• Speeding
• Cell phone use
• Text messaging
• Driver inexperience
• Poor road conditions
• Defective autos
While the overall declines in Oregon and US traffic deaths are positive, there is always more that can be done to decrease the number of injuries and deaths that occur in the state and throughout the United States. One way to decrease the number of Oregon car crashes is for drivers and truckers and motorcyclists to drive responsibly and refrain from negligent conduct. Motorist negligence can be grounds for a Portland, Oregon personal injury claim.

U.S. Transportation Secretary Ray LaHood: Overall Traffic Fatalities Reach Record Low, NHTSA, July 2, 2009
2008 Traffic Safety Annual Assessment – Highlights, June 2009 (PDF)

Related Web Resources:
State Traffic Safety Information for Year 2008

Early Estimate of Motor Vehicle Traffic Fatalities for the First Quarter of 2009, June 2009 (PDF)

Continue reading

by

The Oregon Bicycle and Pedestrian Advisory Committee (OBPAC) has written a letter to the Oregon Transportation Commission (OTC) calling on it to push for a ban on cell phone use while driving and increase its efforts to notify the public about the dangers of distracted driving. The OBPAC not only wants the OTC to support the National Safety Council’s call that all cell phone while operating a motor vehicle be barred, but it wants details about the hazards of distracted driving to be added to Oregon’s DMV manual.

Oregon doesn’t have any laws regarding adults and cell phone use while operating a motor vehicle. The state, however, does currently ban drivers younger than 18 from text messaging or talking on a cell phone while driving.

Next week, the House Transportation Committee will hear House Bill 2377, which bans the use of “mobile communication devices” when people are driving their motor vehicles. The bill makes talking or texting on a cell phone illegal—albeit only a secondary offense, which means an Oregon police officer has to catch the offender committing another offense first. However, the law doesn’t apply to hands-free devices.

According to a 2006 University of Utah study, people who talk on cell phones while driving exhibit behavior similar to that of motorists who are drunk driving. Among the study’s findings:

• Hands-free and handheld held cell phones impair driving to an equal degree.
• Drivers who talk on cell phones tend to drive slower and step on the brakes slower than drivers who aren’t using cell phones.
• Motorists who talked on cell phones while driving exhibited 24% more variation in following distance and were 19% slower when it came to accelerating back to normal speed after braking than drivers who weren’t talking on cell phones.
• Drunk drivers tended to drive slowly but more aggressively than sober drivers. They were also slower to brake and did so with 23% more force.

If you were injured in an Oregon car accident because another motorist was driving drunk, talking or texting on a cell phone, fell asleep behind the wheel, or was impaired, distracted, or negligent in any other way, you may have grounds for filing an Oregon personal injury lawsuit.

Oregon bike/ped committee urges state to ban cell phones while driving, BikePortland.org, April 17, 2009
Drivers on Cell Phones are as bad as drunks, U News Center, June 29, 2006
Related Web Resources:
Oregon Bicycle & Pedestrian Advisory Committee, Oregon.gov
National Safety Council

Continue reading

by

The Cambridge Health Alliance is recommending that truck drivers be tested for obstructive sleep apnea. The condition, which makes individuals prone to exhaustion and falling asleep during the daytime, can be deadly in the trucker line of work.

Drivers are already on the road for hours at a time and may be exhausted from working such long shifts or irregular hours. Compounding their fatigue with a greater chance of dozing off behind the wheel of a semi-truck, a tractor-trailer, or an 18-wheeler truck does not bode well for the truck driver or the motorists or pedestrians around him or her and can result in catastrophic truck collisions.

About 2.4 million to 3.9 million commercial truckers in the United States have OSA. Some experts, however, believe that this estimate may be rather low—especially as many truck drivers don’t even know that they are suffering from sleep apnea.

A trucker afflicted with sleep apnea has a seven fold greater chance of becoming involved in a traffic accident. According to the Divided Attention Driving Test, a person who has sleep apnea may exhibit driving behaviors similar to someone who is driving drunk—meaning that their ability to drive responsibly and safely can become severely impaired.

The Cambridge Health Alliance is also reporting a noticeable connection between obesity and obstructive sleep apnea. Findings of their study, which confirms that obesity-driven test strategies can help identify the truck drivers that are at risk of having OSA, can be found in the March 2009 issue of the Journal of Occupational and Environmental Medicine.

The study recommends making OSA screenings mandatory for commercially licensed truck drivers. Meantime, the Federal Motor Carrier Safety Administration is considering whether to require all obese truckers to undergo sleep apnea screenings.

In 2006, an article in the American Journal of Respiratory and Critical Care Medicine reported that many of the approximately 5,600 commercial truck crash-related deaths that occur in the US every year happen because a trucker fell asleep behind the wheel. Identifying the truck drivers that are more prone to drift off behind the wheel because they have OSA could save lives.

Obesity Linked To Dangerous Sleep Apnea In Truck Drivers, Science Daily, March 12, 2009
Many Commercial Drivers Have Impaired Performance Due To Lack Of Sleep, Science Daily, August 16, 2006
A Study of Prevalence of Sleep Apnea Among Commercial Truck Drivers, FMCSA
Related Web Resources:
Obstructive Sleep Apnea, Sleep Disorder Channel
Sleep Apnea, National Institute of Health

Continue reading

50 SW Pine St 3rd Floor Portland, OR 97204 Telephone: (503) 226-3844 Fax: (503) 943-6670 Email: matthew@mdkaplanlaw.com
map image