Oregon Injury Lawyer Blog

May 9, 2014

Portland Streetcars to offer Lessons for Atlanta

A story posted this week by Atlanta television station WSB has a surprising – and good – connection to Portland. The station announced that it is sending one of its anchors to Portland to examine Tri-Met’s streetcar system “to learn how (Portland) handles streetcar safety.”

According to the report, tests of a new streetcar system in Atlanta may begin as early as this month but Atlanta “streetcar leaders told (WSB) a public awareness campaign is needed to avoid hundreds of accidents or even deaths.” The announcement followed word of a streetcar-related death in Philadelphia last week, according to WSB. Atlanta is a city that has long had a reputation for skepticism regarding public transportation. Though many Portlanders sometimes have an up-and-down relationship with Tri-Met, it is good to be reminded of the fact that Portland has long been one of the country’s leaders in green energy and innovative public transportation.

The article notes that Portland’s streetcar system, at 14.7 miles, is far more extensive than what Atlanta soon plans to launch The Georgia system will initially involve only 2.7 miles of track, according to WSB.

May 6, 2014

New Study Offers Traumatic Brain Injury Insight

by Matthew D. Kaplan

An announcement last week by New York’s University of Rochester received little attention in the national media, but deserves more. According to a news release from the university’s medical center, researchers there have made a significant breakthrough in the study of sports-related traumatic brain injuries, especially to children.

The medical center says the development of a new testing model “provides a foundation for scientists to better understand and potentially develop new ways to detect and prevent the repetitive sports injuries that can lead to the condition known as chronic traumatic encephalopathy (CTE).” The key to the research is the discovery “that mice with mild, repetitive traumatic brain injury (TBI) develop many of the same behavioral problems, such as difficulty sleeping, memory problems, depression, judgment and risk-taking issues, that have been associated with the issue in humans.”

As the news release goes on to explain, the lack of a reliable animal-based testing model has held back research on repetitive TBI and other sports injuries. If the model stands up to further peer-reviewed research it could, over time, prove to be crucial not only in the diagnosis and treatment of sports injuries but in developing new treatments, equipment and procedures to prevent them. The news release quotes one of the Medical Center’s doctors summarizing the importance of the findings: “While public awareness of the long-term health risk of blows to the head is growing rapidly, our ability to scientifically study the fundamental neurological impact of mild brain injuries has lagged.”

April 30, 2014

Oregon Industrial Accidents: Some Good News

by Matthew D. Kaplan

Following up on a blog I posted a few days ago concerning Oregon industrial accidents, it is my happy duty to report a significant sign of progress both for public safety and for the public’s right to know.

Wednesday evening The Oregonian reported that “the owner of the oil train terminal near Clatskanie (will) begin requiring safer tanker cars to deliver oil to the facility starting June 1.” Regular readers will recall that just a few days ago I wrote about a reversal of policy by the Oregon Department of Transportation. After The Oregonian won a court case seeking access to documents that rail companies are required to file regarding hazardous shipments, the ODOT initially announced it would no longer collect this information, on the grounds that it was now public. As I reported a few days ago, the agency reversed that policy under pressure from the Governor, the media and, most importantly, the public.

Today, it is good to report that the owners of a major oil terminal will require higher safety standards for shipments passing through their facility. While there is no way to link this directly to the events of the past week, it is always good to welcome a victory for the public’s right to know and, more broadly, for public safety.

April 28, 2014

Oregon Car Crash Closes Part of US-20 For Several Hours

by Matthew D. Kaplan

The Oregonian reports that a section of US-20 in Jefferson County was closed for several hours Monday in the wake of an Oregon car crash that left one person dead and several others injured. As of mid-morning one lane of the road had been reopened but police were warning motorists to expect long delays.

The fatal accident took place near Santiam Summit as the road passes through the Willamette National Forest between Corvallis and Bend. Relatively few details are available about the accident, which took place Monday morning around 9:30 am, though the newspaper does report that Life Flight helicopters were required to evacuate some of the injured. The exact type of vehicles involved in this Oregon crash have not been announced, but the location and the poor weather conditions that appear to have contributed to the accident are a reminder of the special care that trucks need to take in areas like the Willamette National Forest.

I have written frequently about the dangers that trucks face on in mountain areas. When even interstate highway travel is dangerous because of the weather and terrain it is especially important to proceed cautiously on narrow mountain roads. My past blogs on Oregon truck accidents have focused mainly on the northeast corner of our state – particularly the area around Cabbage Hill on Interstate 84. In the case of this accident, however, the newspaper’s note that “a spokesman for the ODOT said the highway has been hit with a lot of snow in the past few days” is an important reminder that the conditions on Cabbage Hill, while often extreme, are hardly unique in the more remote parts of Oregon.

April 24, 2014

A Victory for the Public’s Right to Know

by Matthew D. Kaplan

In a reversal that highlights the power of public opinion, the Oregon Department of Transportation (ODOT) is backtracking on a plan to stop receiving reports on hazardous materials shipments that it is supposed to be regulating.

According to an article published in The Oregonian earlier this week ODOT had planned “to stop asking railroads for annual reports showing where crude oil moves in the state… because The Oregonian successfully sought to have them made public.” In other words, because a newspaper successfully argues that Oregonians have a right to know about hazardous materials being shipped through our state the state agency charged with regulating that industry planned to stop collecting the reports – reports which are required by law.

At the risk of stating the obvious, hazardous materials shipments are inherently risky. The possibility of an Oregon industrial accident as a result of negligence or improper training or procedures anywhere along a long chain of suppliers and hundreds of miles of railway track is significant. That is why ODOT is supposed to be regulating hazardous materials shipments: to exercise government’s function as the people’s representative in the interests of public health and safety. After the backlash prompted by the announcement the newspaper quotes ODOT director Matt Garrett acknowledging “in an interview that ODOT needed to begin fulfilling its duty as the state’s rail safety regulator to protect Oregonians, not the companies it oversees.”

April 17, 2014

Corporations Go to New Lengths to Avoid Responsibility

by Matthew D. Kaplan

An article this week in The New York Times highlights the extraordinary measures some companies will take to avoid responsibility for their own actions. According to the newspaper, “General Mills, the maker of cereals like Cheerios and Chex as well as brands like Bisquick and Betty Crocker, has quietly added language to its website” that strips consumers of their right to sue the company for actions as simple as downloading a coupon or ‘liking’ the company or its products on Facebook.

Even more extraordinary, the paper reports: “In language added on Tuesday after The New York Times contacted it about the changes, General Mills seemed to go even further, suggesting that buying its products would bind consumers to those terms.”

The website language requires disputes with the company to be settled through arbitration rather than in the courts. Arbitration clauses have been common in the financial industry for decades but have steadily crept into other areas of American life in recent years. Large companies prefer arbitration because, unlike a trial, it is not open to the public and because the process, while supposedly fair, tends to favor deep-pocketed businesses. Since a 2011 Supreme Court ruling upholding the use of arbitration clauses in cellphone contracts this legal device has spread rabidly through the corporate world.

April 9, 2014

CNN Host Reminds Us All Why Courts Are Important

by Matthew D. Kaplan

A few days ago Michael Smerconish, a long-time talk-radio fixture who recently began hosting a show on CNN, ended his daily broadcast with a short commentary (see link below) that began as an essay about the GM ignition-switch scandal but ended up making a broader – and more important – point.

I have written several times recently about the ignition-switch situation. The faulty switches, mainly in Chevy Cobalts though other models are also effected, can sometimes turn the entire car off while it is moving at highway speeds, causing drivers to lose control. In the process they can also disable airbags. The problem led to fatal auto accidents involving at least 13 deaths (that is the number GM publicly acknowledges) and the recall of millions of vehicles – some of which have been on the road for more than a decade. The scandal has grown as it becomes clear that GM knew about the problem for years but was unwilling to spend pennies per car to fix it.

Telling his audience about the lawsuit that began the process bringing all of this to light, Smerconish recounts the story of a family searching for answers in the wake of the death of their 29-year-old daughter, of their decision to hire a lawyer and of that lawyer’s move to commission an independent assessment of the car. Everything that has happened in the years since began with this one case.

April 3, 2014

Portland Traffic Safety Questions Raised by Lack of Night Patrols

by Matthew D. Kaplan

An article in Wednesday’s Oregonian raised an interesting question: how many Portlanders are aware that traffic enforcement does not take place overnight? According to the newspaper the city’s last budget cut police funding and, as a result, “the (traffic enforcement) bureau lost five full-time officer positions, and so eliminated the 9 pm to 7 am traffic shift Wednesday through Saturday.”

What this means in practice is that there are fewer officers available to enforce Oregon drunk driving laws. The newspaper quotes Portland police chief Mike Reese saying: “Traffic officers are committed to saving lives. They hold people accountable when they break the law… It’s not easy work. DUII investigations require skill to make arrests prosecutable.” The chief is asking the City Council for $300,000 in additional funds to restore four of the five overnight officer positions that have been lost.

While there are no available statistics looking at how fatal Oregon car crashes are distributed throughout the day, the newspaper notes that Washington State does keep such records. North of the Columbia River “60 percent of all fatal crashes occur between 7 pm and 5 am,” according to a Portland police spokesman cited by the newspaper. There is no reason to suppose that the pattern is not at least broadly similar here in Oregon.

March 31, 2014

Washington Industrial Accident fears Raised by Gas Explosion

by Matthew D. Kaplan

Residents of Plymouth, Washington and neighboring Hermiston, Oregon were greeted this morning by what the Associated Press described as “a mushroom cloud of black smoke visible for more than a mile.”

The cause was an explosion at a natural gas plant on the Washington side of the Columbia River. The news agency reports that the blast injured four workers at the plant and forced “about 400 people to evacuate from nearby farms and homes.” It quotes local law enforcement officials blaming the incident on a gas leak.

While it is certainly true that the incident could have been much, much worse – “I think if one of those huge tanks had exploded, it might have been a different story,” the AP quotes the local sheriff saying – the accident still raises worrisome questions about Oregon and Washington industrial accidents and about the overall quality of the safety procedures at this and similar facilities.

March 28, 2014

GM Recall Widens and Questions Multiply

by Matthew D. Kaplan

On Friday General Motors announced yet another expansion of the widening recall of its small cars. According to the New York Times, the company “is expanding its ignition-switch recall to include an additional 971,000 small cars worldwide, including 824,000 in the United States, that may have been previously repaired with defective switches.”

As I noted in a post earlier this month, well before today’s announcement GM had already recalled more than a million cars built since the 2003 model year because of a defect that may lead the ignition switch to cut off. That, in turn, could mean that air bags fail to deploy in the event of a crash. As the latest developments indicate it is now clear that many cars had the faulty switches added to them when they went in for repairs.

More disturbing, however, are the continuing revelations about the way in which GM has handled this scandal. In a move that may yet lead to wrongful death lawsuits, company documents have shown that GM misled grieving families for years, telling those who had lost loved-one in crashes linked to the flaw “that it did not have enough evidence of any defect in their cars, interviews letters and legal documents show.” This happened even as the company was internally debating the best way to fix the problem, the newspaper reports.