Oregon Injury Lawyer Blog

February 8, 2011

Burn Awareness Week Highlights Danger of Oregon Child Injuries

February 6 to 12 is National Burn Awareness Week. Here in Portland, Safe Kids Oregon (a project of the Oregon Public Health Division) opens its website promoting burn awareness with a particularly startling fact related to injuries to Oregon children: a “young child’s skin is thinner than older children and adults, and their skin burns at lower temperatures and more deeply.”

As the site goes on to note there are numerous ways that burns can happen in and around the home. We are all aware, for example, of kitchen dangers: steam, open flames, burners that look cool when they are not, etc. And most people with small children are aware that they should block sockets and replace frayed cords to lessen the risk of electrical burns. It is worth remembering, however, that burns can happen anywhere in the home. Safe Kids Oregon’s Burn Awareness Week web page, for example, includes a very useful section on bathroom hazards.

As the website notes, “accidental childhood injury” is “the leading killer of children 14 and under.”

February 4, 2011

Legislature Considers the Issue of Distracted Cycling

by Matthew D. Kaplan

Do cyclists wearing headphones pose a danger equivalent to drivers using a handheld cellphone to talk or text? That is a question the Oregon legislature is poised to address during the current session.

Rep. Michael Schaufler (D-Happy Valley) has introduced a bill (HB 2602) that, according to the advocacy organization BikePortland “would create a new traffic violation for ‘unsafe operation of a bicycle’”. The offense would target anyone riding “a bicycle on a highway while wearing a listening device that is capable of receiving telephonic communication, radio broadcasts or recorded sounds.” Violations could lead to a fine of up to $90 – the same amount as violations of the Oregon distracted driving law. To judge from the coverage at BikePortland the reaction among local cyclists has been far from positive. A selection of comments posted on the blog of BikePortland publisher/editor Jonathan Maus is pretty much uniformly negative.

An interesting aspect of this legislation which has not been addressed in the media coverage, however, is the degree to which this attempt to cut down on Oregon bicycle accidents differs in fundamental philosophical ways from the existing, year-old, Oregon distracted driving ban.

February 2, 2011

Driver to face Charges After Oregon Drunk Driving Auto Accident Kills Two

by Matthew D. Kaplan

The driver of a van whose crash left his two passengers dead earlier this week has been charged with a range of offenses, including manslaughter in the first degree and Oregon drunk driving, according to The Oregonian.

The Oregon car accident occurred Tuesday morning near Seal Rock, on the Central Oregon coast. The Oregonian, quoting Oregon State Police, reports that 24-year-old Jose De Leon Colomo was driving north on US-101 when his “van failed to negotiate a left curve, traveled over an embankment, and crashed into a tree, police said. The van broke into several pieces.”

The two passengers in the van were pronounced dead at the scene of the alleged Central Oregon drunk driving crash. Colomo, the driver, was treated at an area hospital before being placed under arrest and transferred to the Lincoln County jail. In addition to drunk driving and manslaughter he has also been charged with recklessly endangering another person and reckless driving, according to The Oregonian.

January 31, 2011

Hospital Death Highlights Complexity of Medical Malpractice Law

by Matthew D. Kaplan

A newspaper’s detailed account of a teenage girl who suffered brain damage and eventually died because of negligence during what should have been a routine outpatient procedure was presented to Congress last week by patients rights advocates, according to an account in the Sacramento Bee.

The girl suffered brain damage during what should have been a routine procedure at a Los Angeles area hospital operated by UCLA. She never regained consciousness and died shortly after her parents authorized the removal of her respirator. What is truly shocking about this case, however, is the lengthy battle the girl’s parents had to go through just to get the hospital to level with them about what happened – and the difficulties they experienced in finding a medical malpractice attorney willing to take the case because of statutory limits on medical malpractice damages.

Hospitals and doctors claim such limits are necessary to curb frivolous lawsuits. In many states, however, the effect has been to shield the medical industry from accountability for negligence, particularly negligence leading to wrongful deaths here in Oregon and elsewhere around the country. Relatively low damage limits, in particular, can create an incentive for hospitals to stall families and their wrongful death attorneys with the goal of making the case too expensive for a personal injury or medical malpractice lawyer to pursue.

January 29, 2011

Car Crash between Portland and Salem Kills Two

by Matthew D. Kaplan

Two children are dead and four people, including a child, injured following an Oregon car crash near Mt. Angel last weekend. According to the Salem Statesman-Journal the police are still investigating the circumstances of the accident, which took place at the intersection of Dominic and Meridian Roads in the town, which lies between Salem and Portland.

According to the newspaper, the Salem fatal car accident appears to have occurred when a Saturn traveling east on Dominic Road “was struck broadside by a 1998 Dodge Stratus traveling north on Meridian Road.” It noted that the intersection of Dominic and Meridian has stop signs in both directions.

Two boys, ages 9 and 12, who were traveling in the Saturn were pronounced dead at the scene of the accident while their father, the Saturn’s driver, was airlifted to a nearby hospital. Police said that “a Silverton couple and their 9-year-old daughter in the Stratus were also injured.” None of the injury victims’ exact medical status was available at the time the newspaper went to press. The newspaper reported that crisis counselors were being sent to the schools attended by the younger victims.

January 26, 2011

New Head Injury to Marc Savard Highlights TBI Recovery Issues

by Matthew D. Kaplan

The issue of Oregon traumatic brain injuries and sports has been covered in this space on a number of previous occasions. I have noted in the past that while Portland is not an NHL city, the increased attention being paid to head injuries and concussions in the hockey world merits our attention.

Last spring I wrote about the serious concussion suffered by Boston Bruins forward Marc Savard in a game against the Pittsburgh Penguins. Savard, one of the team’s stars, was knocked unconscious by a check to the head and taken off the ice on a stretcher. He returned briefly during the playoffs about two months later but was clearly far from 100% and was placed back on the disabled list soon afterward. Partly because of the injury to Savard (one of several especially serious head injuries in the latter part of last season) the league revised its rules on hits to the head before the current season began in October.

Savard himself missed the first two months of the current season. After playing well over the last six weeks, however, he is once again spending time with doctors, rather than on the ice in the wake of yet another blow to the head and yet another possible concussion in a game against Colorado last week, according to the Boston Globe.

January 24, 2011

California Tragedy is a Reminder That There is More Than One Kind of Distracted Driving

by Matthew D. Kaplan

A case headed for California’s courts offers a pointed reminder that there is more to ‘distracted driving’ than cellphones. According to the Orange County Register, a man in southern California has been charged with vehicular manslaughter for causing a baby’s death because he “was distracted by a laptop sliding off his passenger seat.” In California the charge of “vehicular manslaughter without gross negligence” caries a potential sentence of a year in jail.

According to the paper, the fatal car accident took place last September. It began when the driver, as he crossed some railroad tracks, turned his attention to a laptop sitting in the passenger seat that he feared would slide out of its bag. As a result, he “did not notice that the traffic in front of him had stopped” and rear-ended the vehicle in front of him. That vehicle, in turn, lurched forward, striking an Australian tourist who was making her way across a crosswalk with her baby in a stroller as well as her 11-year-old niece and 7-year-old nephew.

The woman and the 11 year old were struck and injured by the car at the head of the chain-reaction accident. The baby was launched from her stroller, landing “approximately 70 feet away,” the newspaper reports.

January 22, 2011

New Technologies May Help Curb Distracted Driving

by Matthew D. Kaplan

An article published in the New York Times this week indicates that cell carriers are now looking at technologies designed to prevent distracted driving. The technology is not new per se (see this blog post, and this one from last spring); what is changing is its embrace by the companies we buy cell service from. The Times notes that this may be happening, in part, because fewer and few customers pay for their calls by the minute any more. For cell carriers margins are now found, instead, in applications and other value-added services.

Call-blocking technology usually works to prevent distracted driving here in Oregon and elsewhere by linking a piece of software to a phone’s GPS function. When the software detects the phone being in motion it automatically sends all incoming calls to voice mail and texts to an archive. In some extreme versions it simply disables the phone entirely.

The technology has an obvious appeal to parents worried about teens falling victim to distracted driving while behind the wheel. There is also, the newspaper indicates, quoting a T-Mobile spokesperson, a segment of the adult population “who know they get distracted while driving and feel responsible enough to themselves that they want help.” Designers have been working to overcome potential barriers to use: notably ways for the phone to remain usable when its owner is a passenger rather than a driver, and for other applications, such as GPS-enabled directions to remain functional.

January 16, 2011

Central Oregon Car Crash Leads to Drunk Driving Arrest

by Matthew D. Kaplan

A dramatic Oregon car accident near Redmond landed a 25-year-old Prineville woman in prison on suspicion of Oregon drunk driving, according to the Bend Bulletin.

The newspaper reports that Deneice Tebbits “was driving south a few miles south of Redmond shortly before 7 a.m. (last Wednesday) when she attempted to pass a line of cars and spun out of control, crossed three lanes of traffic, and struck a northbound vehicle.” According to MyCentralOregon.com neither Tebbits nor the driver of the car she hit were injured, but Tebbits was arrested at the scene and charged with suspicion of Oregon DUII.

If there were ever a case that illustrates the many dangers of Oregon drunk driving this has to be it. Based on media reporting of the case, we allegedly have an impaired driver (at seven o’clock in the morning!) endangering both herself and a significant other number of motorists.

January 14, 2011

Three Injured in Walterville Crash

by Matthew D. Kaplan

A local fire department official had to be rescued by his own colleagues after causing an Oregon injury car wreck near Walterville, the Eugene Register-Guard reports. The Oregon car accident took place on Highway 126 last Sunday and resulted in three injuries, one of which was described as “serious” in media reports.

The newspaper, quoting witnesses and the local police, reported that a Toyota driven by Michael McCall was “weaving in and out of its lane and traveling in the opposing lane before it crashed into an oncoming Ford Taurus occupied by two Eugene residents.”

McCall, described as “a volunteer lieutenant with McKenzie Fire & Rescue” had to be rescued from the wreck by his fire department colleagues. He was transported to a hospital in Springfield and treated for serious injuries following the Oregon head-on collision. The driver and passenger in the Taurus were transported to a different Springfield hospital with injuries that were described as non-life threatening.