Oregon Injury Attorney Blog

The Oregonian's Joseph Rose writes a commuter column that not only documents the trials and tribulations of commuting in the Portland area, but often provides insightful analysis of Oregon's "rules of the road," including references to Oregon's Traffic Code, and the Oregon Driver's Manual.

Below are a couple of links to recent stories, including a "couplet" on Sandy Boulevard in Portland, and another that addresses the legality of jogging down the middle of the road. I wonder what Mr. Rose would have to say about Astoria's approach to pedestrian safety.

I am often reviewing the Oregon Revised Statutes, specifically ORS 811, when researching a case for an injured motorist or pedestrian. More times than not, there is a statue right on point, showing that a driver's failure to follow the rules of the road injured someone.

Here are the links:

More thoughts on Portland's East Burnside-Couch Couplet

Streets are for vehicles, not joggers (So don't be a Gump)

This recent story in the Daily Astorian is touching some nerves. At a recent City Council meeting, the Commissioners listened to a presentation from experts, public testimony, and even a local Astorian's idea for preventing future pedestrian versus car collisions in Astoria. In 2011, there were nine pedestrian vehicle collisions, with one fatality. Others suffered severe injuries.

Many options were on the table, including increased lighting, more enforcement, and "enhanced crosswalks." The city council decided to try a novel idea referred to as a "flag or paddle" system. The decision to move forward with this option right away is probably because it is the least expensive. However, a traffic engineer explained that the City of Seattle abandoned a similar program after determining that only 17% of its pedestrians used the flag/paddle system.

I took a look on the web, and there is not much about paddles or flags for pedestrians, but there is a lot on pedestrian safety. Montgomery County, Maryland issued a report which begins by stating that in a five year period, pedestrian related deaths outnumbered homicides in that county. A safety campaign followed.

About three years ago, I tried a case for a man who was struck by a vehicle while crossing the street in Astoria on what is probably the straightest stretch of road in town, while in a crosswalk, and in broad daylight. There are a few lasting impressions from that trial.

When I spoke to potential jurors, I was amazed at how many people who walk in Astoria have suffered "close calls" with cars. When talking with friends after the trial, I was also amazed at the perceptions of some motorists that every pedestrian is "darting" out into the street, or coming from "nowhere."

We went into trial with absolutely no offer of settlement. Our client was disabled permanently from his job. My client's doctor explained the process of rebuilding my injured client's knee joint, and that even with plates and screws, arthritis would surely set in. Although the jury found that my client was partially at fault for failing to keep a lookout, it placed the majority of responsibility on the driver, who, according to another witness, was actually accelerating through the intersection, while towing another vehicle! The jury also found the injury significant, agreeing with our assessment of the compensation due to our client.

Why no offer? I do not know, but I suspect that it had something to do with the attitudes reflected in some of the comments from readers of the Daily Astorian piece.

"What can I do to get a decision from Social Security more quickly?"

That was the question from a former client who is just about to start his application. Most of my Social Security folks have been denied already, and their claim is on appeal, but I was able to give some options. Here they are:

1. If You Can, Gather Up Your Medical Information

I am not just talking about the records, but when you apply either in person or on line, the names, addresses, and phone numbers of your doctors and other health care providers. Have a medication list ready too. The Social Security Administration provides a checklist to help you gather relevant information. Go to www.ssa.gov, click on the icon that invites you to apply for disability.

Also, if you can get the chart notes yourself, that will save time. Otherwise, the disability analyst, who has stacks of claims to review, has to send out the request, maybe wait for an invoice for copying fees, pay it, and then receive the records. Your health care provider may provide the records without charge.

Did you have an on the job injury, or a claim for injury. If so, there is probably an attorney file or claims file out there. I have clients put my name down as a source for medical records, and we are happy to fax that in.

Finally, are you seeing the doctor regularly. Update those records, and send them in.

2. Be Polite, But Persistent

Check with your claims analyst regularly. Every day calls are probably a bit much, but checking in once every few weeks cannot hurt. You may actually be able to help with the information gathering process.

3. Fill Out Those Disability Reports

I know from my own experience that if you do not send the disability report in with your appeals, the Local Branch Office will hold up forwarding the appeal. With an initial application, any questionnaires should be completed returned promptly.

If Social Security asks for a friend or relative to fill out a similar form, be sure it is someone who has a good idea of the challenges you face day to day, and can explain those observations.

4. Your Physician

Some doctors are happy to help with providing information, others not so much. If your doctor states a willingness to support the claim, or even recommends the application, see if the doctor will fill out a questionnaire about your physical and/or mental limitations in a work setting. Social Security will not accept a blanket statement from your doctor that you are disabled, that is for Social Security to decide. However, if your doctor can comment on how much you would be limited with lifting, walking, standing, bending, and doing other work activities, that helps. Also, see if your doctor can estimate how much work you would miss, even working within your limitations.

Did you know that if your Oregon Workers Compensation Claim is accepted, you are entitled to be reimbursed for travel to and from your doctor or other health care provider, meals, and even in some cases, lodging?

Many of the injured workers I help come in to see me after the claim is accepted, and have never, or very rarely, asked for reimbursement. With fuel costs where they are today, it adds up.

The Oregon Workers Compensation Division recently issued a new Bulletin setting out the reimbursement rates, and updating the form.

Here is the link that takes you directly to the new reimbursement schedule: http://wcd.oregon.gov/policy/bulletins/docconv_12819/bul_112.pdf

National Public Radio (NPR) recently reported on a unique recall effort involving infant recliners. Back in 2010, the Consumer Products Safety Commission (CPSC) and Baby Matters, a maker of infant recliners, worked together in a joint recall effort of the "Generation One" recliner, offering a coupon to go toward the purchase of a newer model. At that time, the CPSC was aware of one death and 22 reports of problems with infants falling out of, or hanging out of the seats.

After the voluntary recall, however, the problems continued. The CPSC received reports of additional deaths and injuries involving use of the recliners. However, when the CPSC approached the manufacturer, it resisted, forcing administrative action. The CPSC did not stop there.

When a product is manufactured, it is placed into the "stream of commerce." the CPSC simply went downstream from the manufacturer to the retailers, who agreed to participate in a voluntary recall effort. Amazon.com, Buy Buy Baby, Diapers.com and Toys R Us/Babies R Us are working with the CPSC on this recall.

The CPSC press release provides contact information for the retailers:

Amazon.com: http://www.amazon.com

Buy Buy Baby: Toll-free at (877) 328-9222,

http://www.buybuybaby.com/productRecalls.asp

Diapers.com: (800) 342-7377
http://www.diapers.com

Toys R Us/Babies R Us: (800) 869-7787

http://www.toysrusinc.com/safety/recalls

A British Columbia news outlet reports that a BC tour bus company is equipping its older buses with seat belts in light of the horrific bus crash in the Oregon Columbia River Gorge. Apparently, the Canadian authorities are not convinced that mandating seat belts on buses is necessary, but the U.S. National Transportation Safety Board (USTSB) thinks otherwise.

The U.S. Department of Transportation issued an action plan in 2009. In it, the USDOT found that the passenger ejection from rollover crashes is the highest cause of bus crash fatalities, and set a goal to enact rules requiring seat belts on tour buses by 2011

Why no action until now? It's likely due to the cost of compliance. The British Columbia tour bus company's new buses come equipped with seat belts, but the retrofitting of seat belts is estimated at $70,000.00 per seat belt. Some folks do not think this is worth the expense, but there is not doubt changes are coming.