Portland wrongful death attorneys have faced a blizzard of questions recently surrounding the interpretation of Oregon’s statutes of limitation relating to wrongful death claims. The courts themselves had to recently rule on what it called “the interplay between the statute of limitations for lawsuits against public bodies and the statute that keeps alive personal injury claims despite the injured person’s death.
Continuation action claims are those where the claim for injuries continues after the injured person has died. Such cases can occur, for example, if a pedestrian or cyclist has been hit by a vehicle and goes into a coma or develops complications that lead to death some time after the accident happened. Earlier this year, the Oregon Court of Appeals ruled that the statute of limitations for filing a wrongful death claim does not affect or allow for an extension to the time limits for filing lawsuits against public bodies in personal injury claims.
The three main statutes at the center of the ruling are:
- ORS 30.075(1), which allows a personal representative of an estate to continue or start a lawsuit against a wrongdoer “if the decedent might have maintained an action, had the decedent lived.”
- ORS 12.110, which states that the lawsuit must be filed within Oregon’s two year statute of limitations, “or within three years by the personal representative if not commenced prior to death.
- ORS 30.275(9). This is a separate statute of limitations relevant to public bodies. This law says the two-year deadline applies regardless of any other statute of limitation. Read the rest »
If a traffic accident that injures or kills drivers and passengers could have been prevented long before the accident took place, is it right to still call it an accident? If a design flaw causes a vehicle to roll over after a tire blows out or when a driver makes a sudden turn for whatever reason, and the people who designed the vehicle knew this could happen, is it the driver or the designer who is responsible for the crash?
Portland rollover accidents have had a worrying tendency to involve certain makes and models – and the people who designed these vehicles have known for more than two decades of the car’s potential to roll over in even relatively minor accidents.
From Bronco to Explorer
For more than a quarter of a century, going back to the March 1983 introduction of The Bronco II by Ford, which was the predecessor of the current Explorer range, there have been a mounting array of alarming facts relating to Ford Explorer rollover accidents. Even more worryingly, there are still thousands of Ford Explorers of various ages on Oregon roads with documented stability problems. Across the country, the figure runs to millions, and the accidents just keep on coming. In the last month alone, for example:
- A Kentucky teen driving a 2000 Explorer veered off the road. The SUV rolled over, and the 16-year-old ended up in the hospital.
- A 23-year-old Maine driver was in his Explorer when it hit a patch of black ice. The driver lost control, but instead of just skidding, the Explorer rolled over and ended up in a ditch. Read the rest »
For Portland drivers, cyclists and pedestrians, moving through the city is certainly more risky in some places than others. In fact, just 4% of Portland’s intersections accounted for more than 65% of all pedestrian fatalities over a 10-year period. Anyone moving about in the area east of 38th Avenue on the city’s east side is going to be in the part of the city that houses all 10 of the most dangerous intersections in Portland. If you’ve been injured in one of these intersections, you may need a Portland personal injury lawyer.
All are either four or five-lane thoroughfares. And when the statistics are tallied, two roads in particular are gaining the kind of reputation and notoriety no area wants. However, 82nd Avenue and 122nd Avenue rank as the most dangerous places for drivers, with Powell Boulevard not far behind, and Stark Street is rated the most dangerous intersection for pedestrians.
As sad as the reading may be, a team of reputable and experienced Portland personal injury lawyers felt it important to give people an idea of where they need to take extra care when driving, walking or cycling on the city streets. With that in mind, we present a map of the most dangerous intersections in Portland, and list them here.
- S.E. Powell Boulevard and 82nd Avenue. Officials say talking about crashes at this intersection “is like talking about raindrops in April.” In 2009, a lady entered the intersection incorrectly and ended up driving her car into the side of a building on the corner of this notorious junction. S.E. Division Street and 122nd Avenue. S.E. Division Street has been the scene of a number of fatal accidents at or near the intersection with 122nd Avenue, including in March, 2007; January, 2003, and September, 2002. Read the rest »
As another year winds down, we look back and ask the age old question, “Were the good old days really better, or do we just remember them that way?” The same question applies to 2010 Oregon car crash statistics. Some people swear drivers are more aggressive, more dangerous and more distracted now than ever before. Others see things in a different light and point to improvements in vehicle safety features and strict enforcement of rules of the road by law enforcement agencies.
There’s Good News and Bad News:
As is often the case, statistics can be used to show that both sides of the argument are “correct.” Some examples of Oregon car crash statistics for 2010:
- Fewer people are being killed on Oregon roads than ever before. In 2010, a total of 317 people lost their lives in 292 traffic accidents involving cars, trucks, cyclists and pedestrians hit by vehicles. While that’s still an alarmingly high figure, it marked an 11.78% decline in crashes and a 15.92% in road deaths when compared to 2009. What’s more, the trend is continuing, but it’s going to be a close call, given December is always the worst month for fatal traffic accidents in the state. However, as of November 21, 2011, the number of fatalities on Oregon roads for the year had reached 286, compared to 289 on the same date in 2010.
- The number of accidents leading to non-fatal injury has increased in the past year, and quite dramatically at that. By the end of 2010, no fewer than 30,493 people had been injured in a total of 20,879 Oregon traffic accidents, representing an overall increase of 9.58% in accidents and an 8.31% increase in injuries from 2009. Read the rest »
People generally believe that time spent sitting in traffic jams is expensive time lost. They feel the costs in terms of lost earnings, as well as the physical and emotional strains caused by sitting in traffic, are extremely high. Those people would be absolutely right. The congestion cost in the Portland metropolitan area for 2009 (the last year for which data is available) was just shy of $960 million. What’s shocking then, is that the cost of Portland traffic crashes was almost treble that figure for the same year! Our Portland traffic crash accident attorneys were shocked to read that the cost of Portland’s traffic crashes was $2.74 billion in 2009.
The Cost of Portland Traffic Crashes is Average
The 2009 AAA analysis found that the financial damage created by vehicle crashes across the country came to a shocking $300 billion. The same study concluded the cost of congestion was a relatively (by comparison) minor $97.7 billion. In other words, the cost of Portland traffic crashes was more than treble that of congestion. This would put the Portland metropolitan area roughly in line with the national average, because the 2009 cost of Portland traffic crashes came to $2.74 billion—again, nearly treble that of congestion costs. Read the rest »
You’ve looked at all the latest models. They come with every gadget and gizmo imaginable. Nowadays, cars, SUV’s and even pickup trucks have sound systems to rival any movie theater, satellite navigation systems that could have been put together at NASA, and seats that keep you warm in a blizzard and cool in a heat wave. Climate inside the vehicle can be controlled to the nearest degree, and it can be set to keep the hot-blooded driver chilled, and the chilly passenger as warm as toast.
These are considerations when deciding the best vehicle to buy for your family, certainly. However, something that should be read by anyone thinking of getting a new family vehicle, even before the glossy brochures at the dealership, are the latest car safety reports. The discerning driver will put family safety ahead of 0 to 60 mph times, and a responsible Portland car accident lawyer would advise any new buyer that flashy cars and some top-heavy SUV’s, while they might look good, don’t provide the kind of protection a parent would want for their child in the event of an accident.
With that in mind, what safety features would a Portland car accident lawyer recommend family and friends to look for when choosing the next family motor? Fortunately, manufacturers have come up with some innovative new safety features. The following would be excellent additions to the equipment on any car using Oregon roads:
- Stability control. Especially important if you’re considering SUV’s, which have a greater rollover risk than passenger cars, this feature helps drivers maintain control of their vehicle in emergency situations.
- Electronic steering control. Along with traction control and all wheel drive, these features improve traction when road conditions are poor, and are considered especially important in areas like Oregon that are prone to occasional heavy snowfall or lots of rain.
- Roll stability control. Another device that reduces risks of rollover in extreme cornering situations, this feature would be an important addition in tall vehicles with a high center of gravity. The system uses a gyroscopic sensor and works with the electronic steering control to brake one or more wheels and reduce engine power in an emergency situation. Read the rest »
