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Matthew D. Kaplan

As the number of pedestrians killed on Portland’s streets continues to mount, we’re reminded that fatal pedestrian accidents can occur for many reasons. Sometimes a pedestrian makes an unwise and unsafe decision to cross a street. A lot of times, though, these tragedies are the result of negligence on the part of others. If you’ve lost a loved one because of unsafe road conditions or a vehicle driver’s unsafe driving, then your family needs the aid of a Portland pedestrian accident lawyer who can help to hold those responsible accountable for their actions (or inaction) and get you the recovery you need.

In just a two-day span last week, Southeast Portland saw a pair of fatal accidents involving pedestrians. The more recent one occurred around 10:15 pm on January 24 when a 2007 Mitsubishi SUV collided with a 59-year-old man. The accident took place on Southeast Powell Boulevard at Foster Road.

Powell Boulevard is notoriously dangerous for pedestrians and bicyclists, with multiple fatal accidents occurring along the road, as this blog has covered on numerous occasions.

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Each January, Americans pause to reflect upon the legacy of Dr. Martin Luther King, Jr. On multiple occasions, Dr. King counseled new college graduates and other audiences that “the time is always right to do what is right.” At Kaplan Law LLC we strive to do exactly that as we pursue justice on behalf of our clients.

And, as of this month, we’ve been doing it for 20 years.

During those two decades, we have represented a lot of victims and their families in catastrophic injury (and death) cases, including high-profile ones like Jed Hawk Myers. Myers died in the Yamhill County Jail after his pleas for medical attention — 19 times across five hours, to be exact — were ignored.

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For all of Oregon’s great natural beauty and frequently gorgeous weather, much of our region is also home to periods of very challenging weather conditions like ice, snow, and fog. With bad weather also comes vehicle crashes, frequently involving multiple autos. If you have been seriously injured (or you’ve lost a loved one) in a bad-weather chain-reaction crash or other weather-related multi-vehicle accident, getting what you’re due can be especially complicated. For these kinds of complex cases, you need an experienced Portland auto accident lawyer to provide you with legal representation.

In the past three months, AccuWeather reports have focused not once but twice on Oregon and its weather, with the two incidents making for a study in contrasts. Earlier this month, snowy and icy conditions in Pendleton led to a peculiar chain-reaction crash. A parked (and unoccupied) police SUV began sliding backward on a snowy hill. It hit a boat, which hit a parked pickup truck, which crashed into another parked pickup truck. The first pickup pushed the second onto the curb and proceeded down the hill, eventually hitting another car before crossing an intersecting street. Viewers on the internet watched with bemusement as no one was hurt in the entire incident.

An incident from October was not amusing. The serious multi-vehicle crash, which occurred on a foggy stretch of southbound Interstate 5 between Eugene and Salem, involved at least 45 passenger vehicles plus another 15-20 commercial trucks. The crash killed at least one and injured numerous others.

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In what can only be considered a bit of depressing irony, OregonLive recently reported on a bicyclist struck and injured… while on his way to a rally “to demand safer streets” for bicyclists and pedestrians. This bicyclist’s injuries were, thankfully, not severe. They nevertheless highlight that much work needs to be done to ensure that everyone using Portland’s streets and roads can do so safely. Part of that process often involves holding accountable those responsible for unsafe conditions. That is also where an experienced Portland bicycle accident lawyer can provide you with invaluable assistance.

According to the OregonLive report, a van driver ran a red light and slammed into the bicyclist as the bicyclist crossed the street inside a marked crosswalk.

As this accident reflects, some crashes involve significant driver negligence or recklessness, and safety improvements can only do so much to protect bicyclists and pedestrians from those drivers. For those injured bicyclists and pedestrians, the law allows them to recoup economic and non-economic damages from the at-fault driver. If the driver was driving recklessly, the injured bicyclist or pedestrian may also be entitled to recover punitive damages.

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A lot of state and local governments — including counties here in Oregon — have outsourced the provision of medical care inside their jails to large out-of-state corporations like Corizon Health and Wellpath. Too many times, big companies like these prioritize profits over proper care. As a result, incarcerated patients needlessly suffer and, too often, die. It’s been nearly 50 years since the U.S. Supreme Court first said that a failure to provide proper medical care to a jail inmate is a violation of that inmate’s Eighth Amendment rights. If you have a family member who didn’t get the medical attention they should have while behind bars, then you should get in touch with an Oregon jail medical neglect lawyer to find out if your family potentially has a civil rights case.

Recent news reports have revealed that another woman has entered an Oregon jail only to die shortly after booking. The deceased person was a 34-year-old woman from Central Point who, according to court documents filed on Nov.7, was arrested on methamphetamine and fentanyl charges. Police housed her in the Jackson County jail.

Less than a week later, the woman was dead. According to news reports, corrections officers identified the woman as “in medical need” at 10:14 pm on Sunday, Nov. 13. At that point, the woman supposedly was “alert and responsive to deputy questions,” KDRV reported.

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Oregon is home to some of the finest opportunities to enjoy the outdoors on a bicycle. What that also means, though, is that Oregon is also a place where bicyclists who live far from here run the risk of suffering injuries in a crash. When that happens, it’s reasonable not to know where to turn. You should start by getting in touch with an experienced Oregon bicycle accident lawyer who can help you with the correct next steps.

When you suffer injuries in an accident close to home, it may seem easy to know what to do — call your regular local attorney and seek advice. When you’re far from home, that same attorney may be unable to represent you. Knowing what to do and doing it in a timely fashion is very important because you only have a limited time before the statute of limitations runs out.

Fortunately for a Canadian couple who were injured while bicycling in Oregon, they recognized what to do and did so within the deadline period.

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When you pursue a wrongful death lawsuit, you’re seeking to hold accountable those responsible for your loved one’s premature demise. The other side seeks to avoid or minimize liability to the greatest extent possible. That defense position often entails making the litigation process as burdensome on you as possible within the confines of the law. These harsh realities serve as reminders of the importance of a skillful Oregon wrongful death lawyer, both in shouldering that burden and applying the brakes when the other side has stepped outside the confines of what the law allows.

One area where this can be particularly true is the pretrial discovery process. Defense attorneys might demand a wide array of things, including many personal medical records. Is it frustrating? Yes. Is it intrusive? Yes. Is it legal? As one recent wrongful death case that originated here in Portland demonstrates, not necessarily.

The lawsuit originated after the passing of H.D., a boy born prematurely who died of cardiac arrest at the age of five months. The boy’s mother, acting in her capacity as the personal representative of the estate, sued for wrongful death, alleging medical negligence.

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A locally renowned chef lost her life recently in a gruesome bicycle accident in a notoriously dangerous intersection southeast of downtown Portland. The chef’s death has sparked protests and a call from one city commissioner to transfer control of the area from the state to the City of Portland, according to Oregonlive.com. As Oregon accident lawyers representing bicyclists and others harmed or killed in dangerous intersection crashes, we heartily endorse options that will that create or expedite the changes necessary to make Portland’s roads safer for all users.

The fatal collision, which occurred at the intersection of Southeast Powell Boulevard and Southeast 26th Avenue saw a semi-truck hit a bicycle. The bicyclist, 50-year-old Sarah Pliner, died at the scene. According to BikePortland, the collision occurred as the driver of the 53-foot semi-truck attempted a right-hand turn from northbound 26th Avenue to eastbound Powell Boulevard.

The accident that claimed the chef’s life was far from the first for this dangerous intersection. A 2014 Powell Boulevard safety audit that the Oregon Department of Transportation commissioned listed “heavy north/south bike traffic” as one of the primary safety issues at the intersection of Powell and 26th.

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When you’ve endured a serious workplace injury (or a workplace accident has claimed the life of a loved one,) there are limits to what your family can recover through the workers’ compensation system. However, many workplace accidents present an alternate outlet for getting the compensation you need: a third-party action. These lawsuits can represent crucial lifelines for injured workers and/or their families to receive the full recovery they need. Third-party industrial accident cases also can be especially complex legal matters, so if you’ve been hurt on the job, make sure you consult an experienced Oregon industrial accident lawyer about your situation.

A harrowing industrial accident occurred just last month in Southwest Portland when a 50-ton drilling rig tipped over at the Oregon Health and Science University. For reasons unknown at the time OregonLive published its report, the rig overturned and pinned its operator inside. Portland Fire and Rescue eventually extricated the man from the rig’s cab and transported him to a nearby trauma center with serious injuries.

When these kinds of accidents happen, serious or fatal worker injuries often are the result. According to OSHA, approximately 1 in 5 worker fatalities in the private sector involves someone working in construction, and many of these fatalities involve heavy equipment such as trucks or cranes.

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Earlier this week, we looked at the ongoing problem of people with addictions dying inside area jails. Many times, these people die because of improper care (or no care at all) in managing the detox process. Jails have healthcare service providers who are supposed to be able to handle these inmates (or else transfer them to someplace that can.) When an inmate dies because they did not receive proper medical care, that represents a potential violation of their civil rights. If your family has lost a loved one in this way, a knowledgeable Oregon jail medical neglect lawyer can help you to get to the truth.

One thing that’s common in these cases is the speed of deterioration. The U.S. Department of Justice looked at a broad array of these deaths and found that the “median length of stay in jail before death from alcohol or drug intoxication was just 1 day.”

So, why are inmates and detainees abruptly dying so soon after entering lockup? Law offices that handle these cases — including this office — often have the depressing answers.

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