Tragedy on Northeast Oregon Freeway

A tragic accident occurred on I-84 yesterday, leaving 9 people dead and many more injured just east of Pendleton.  Most likely, the tragedy occurred due to icy roads.  I've traveled that stretch of freeway so often, and it is often treacherous.  This wreck is a reminder to all of us that safe, defensive driving in safe vehicles is the only way to travel in winter storms.  Although the name of the bus company has yet to be released as of this blogging, there will likely be several lawsuits against it's liability policy.  The families of the victims of this tragedy will soon learn that money will never, ever compensate for their loss.  I hope that, if they choose to do so, they will seek reputable legal counsel who can help them deal with the insurance companies while they concentrate on healing. 

If you or a loved one are interested in talking with an attorney to learn about your options, you can learn more about our firm at http://www.brotherslaw.com/Practice-Areas/Car-Accidents.shtml. 

For ongoing information on this accident, you can visit http://abcnews.go.com/US/oregon-bus-crash-leaves-people-dead/story?id=18096025#.UOG0puRlGRk. 

What Can We Learn from Wisconsin?

Wisconsin Republican governor, Scott Walker, took office on January 3, 2011.  Within days, he proposed a "job creation" agenda to the state legislature.  It included many "tort reform" schemes which had the ultimate detrimental effects of decreasing Wisconsin citizens' access to the civil justice system, inhibiting one's ability to receive adequate compensation for injuries, and allowing corporations to avoid accountability when they harmed consumers.   The legislation, which was signed into law on January 27, 2011, included such items as: 1) a $750,000 cap on noneconomic damages in cases arising from nursing home neglect; 2) a $200,000 cap, or twice the amount of compensatory damages (whichever is greater) on punitive damages recoverable in civil claims; 3) revised rules regarding strict products liability claims; and 4) adopted the federal Daubert reliability standard for expert testimony in place of Wisconsin's "relevancy test" which allowed cross-examination of experts for the purpose of testing credibility and reliability. 

Unfortunately, the most severely injured Wisconsin citizens will discover that this legislation has  curtailed their ability to receive much-needed lifelong care.  In addition, because nursing home negligence litigation can be so costly, the cap on noneconomic damages will make it more difficult for patients injured in nursing home facilties (and their families) to find legal representation. 

In his campaign for governor, Walker claimed he would create 250,000 new jobs through this job creation legislation, which included the above items of "tort reform."  Walker's agenda failed.  During his first year in office, Wisconsin ranked last in job creation among all the states, and according to statistics from September, 2012, he has only created an estimated 27,311 jobs.  Opponents were so adament about Walker's failures, that a recall election was held which Walker narrowly won and was allowed to keep his seat as governor. 

The evidence is clear:  The Walker "job creation" legislation, fueled by "tort reform" agendas, stripped away the rights of Wisconsin residents who were injured due to corporate negligence.  Hopefully, a lesson has been learned:  restricting the rights of residents to seek reasonable redress in civil courts is not the path to economic prosperity. 

Jennifer Coughlin on The TODAY Show

I had the incredible and memorable experience of appearing with my client on the TODAY show in New York City last Wednesday.  It was a moving and powerful interview of my client and myself done by Savannah Guthrie. 

To check out the whole interview, visit www.brotherslaw.com. 

Congrats to Bruce and Wayne!

Bruce Brothers and Wayne Hawn were recently awarded the Client Distinction Award by Martindale-Hubbell, a national organization which rates attonreys through a Peer Review process.  The law firm carries an AV rating the highest rating possible for boht ethical standards and professional ability.

Martindale-Hubell solicited opinions from clients of the firm in the area of communications, ability, responsiveness, quality of service and value for money.  The firm earned a Client Review Rating of 4.5 or higher on a scale of 0-5!  Martindale-Hubbell reports that less than 4% of the 900,000+ attorneys listed by Martindale-Hubbell have been accorded this honor of distinction!

To learn more about the law firm of Brothers, Hawn & Coughlin, Central Oregon's personal injury law firm since 1980, visit www.brotherslaw.com. 

The Ethical Lawyer

I recently attended a seminar which was an inspirational reminder of what it means to be a lawyer.  A lawyer who has been practicing throughout Oregon for 50 years put on a class about ethics, and the messages were so simple yet so very true.  The presentation was full of the words "diligence" "communication" "prompt" and "competent."  In this world where so very many people  are critical of lawyers' tactics and schemes, it was such a refreshing reminder of the very ethical and kind side of the law.  Not only should we attempt to make a living at this profession, but more importantly, we should aspire to enjoy the profession, and help provide access to justice for those who may otherwise be overlooked, or are at risk of being taken advantage of.

I am so glad that I've made it my practice to simply be nice to everyone with whom I come into contact.  Although I can be a competent and strong advocate for my clients, that does not mean I need to become aggressive or obnoxious, or say things that I will regret.  Oregon has such a small Bar comnpared to other states, and the way you treat one another always comes back to either haunt you or make you successful.  The same goes for clients, potential clients, and people you meet on the street.  Being kind and generous pays itself back in spades, and just feels so good. 

To learn more about our firm, or review the excellent testamonials that past clients have written about us, visit www.brotherslaw.com or http://www.brotherslaw.com/Testimonials.shtml. 

Bicycle Safety

 Along with drivers being extra alert during back to school time, it is also important to make sure our kids know the rules of the road and how to be safe.  The Deschutes County Sheriff's office has a nice brochure, aimed at younger kids, about bike safety.  It can be found at http://sheriff.deschutes.org/bicycle-safety.pdf .

But being aware of safety goes well beyond our kids.  There has long been friction between cyclists and drivers, and many of the disputes seem to come from either the cyclist or the driver having an "I own the road" attitude.  We all own the road and it is up to each of us to keep it safe.

The three most important rules for safe biking are:
1:  be predictable
2:  be courteous and
3:  be predictable.
Don't make drivers wonder what you are going to do.  Use hand signals.  If you are in a bike lane, stay in the bike lane.  If you are on a group ride, ride single file.  Obey lane divisions, traffic signals and stop signs.  If you have to ride in the road, either take a lane and go with the flow and speed of traffic, or move over to the right far enough that cars can pass.  If you are biking through a round-about and you are in the road acting like a car, then take the lane, and act like a car.  Wait for your turn and go as close to the speed of traffic as possible.  Don't encourage drivers to make an unsafe pass by riding slowly and far to the right.  Most round-abouts are not wide enough for a car to safely pass a bike, especially when the car may exit at any time.  When you exit the round-about, be predictable and signal your exit.  Make eye contact.  Oh, and 4: wear a helmet.

If you are driving a car, realize that the bike lane is another traffic lane.  Don't make a turn without making sure the lane is clear.  You would not exit the parkway by cutting from the fast lane across the slow lane to the exit.  If you are on a road without a bike lane or a narrow shoulder, and if you feel that a biker is crowding your lane, don't try to squeeze by.  Wait a few seconds until it is safe to pass, just like you would if you came upon a slow moving car.  If you come across cyclists who are riding three abreast and blocking your lane of travel, tap your horn to make sure they know you are there.  If they still won't move over, well, then I, as a cyclist, apologize for their behavior.  Be the responsible one, be patient and pass only when it is safe to do so.

As a cyclist and as a driving enthusiast, and having seen the devastating impacts of car vs. bicycle collisions, I cannot help but get frustrated when I see a cyclist weaving in and out of traffic downtown, or a car that crowds a biker off the road, or a biker blowing through a stop sign.  A few seconds saved is not worth your or someone else's health or life.  We all have to share the road.

Back to School Time!

Children will be heading back to school on September 5, 2012 at Bend LaPine Public Schools.  School zone safety applies to children, parents and drivers.  Children should be careful around drivers and remember that drivers won’t always see them.  Drivers should also be wary of the unpredictability of children. 

Remind children that they must cross at crosswalks and intersections only, and if they are riding a bike, they must walk their bike across.  Look both ways every time. 

Children waiting for the school bus should not board until the bus comes to a complete stop.  When leaving the bus, children must only cross the street when the driver can see them and only when the driver indicates they may cross.  Drivers must stop for a bus when it has flashing red lights.

All drivers must stop at intersections in school zones to let children pass whether there is a cross walk marked or not.  Children have the right of way.  Drivers must note and obey the reduced speed in school zones.

 Drivers should be wary of young children because they may dart in front of cars at any time.  Drivers should also remember children don’t always cross the street at intersections and may try to cross in-between parked cars. 

 

The Oregon Department of Transportation (ODOT) has prepared a helpful brochure which you can see by clicking on this link.  http://cms.oregon.gov/ODOT/HWY/TRAFFIC-ROADWAY/docs/pdf/guide_to_school_area_safety.pdf

Let’s all look out for children not only in school zones, but anywhere you drive!

Victim of Sexual Assault Vindicated

I have the honor of representing the victim of a sexual assault, and her story has now been vindicated by the judicial system.  Judge Tiktin found Thomas Bray guilty of multiple counts of sexual assault against my client.  I'm so proud of her that she was willing to come forward, as so many rape victims are unlikely to do.  She is so brave to have done this, and I hope that other victims will see this and realize that they do not have to live in silence .  See the news story here:  http://www.ktvz.com/news/Bray-convicted-in-one-rape-case-cleared-in-second/-/413192/15738002/-/8ckr4k/-/index.html. 

It is getting cold in Bend

Just when you think state and local government can’t make it any harder on taxpayers and small business, it proves you wrong.  We realize this is an odd title for a posting in July, but it was actually written by Bruce Brothers quite a while ago but never officially posted....so here you go!

Given an already overwhelming tax burden including draconian property taxes that have little relation to actual property values, among the highest personal income tax rates in the country, high estate taxes and a myriad of fees, it is difficult to imagine a less inviting business climate.  It is little wonder that Oregon now is ranked 43^rd of the 50 states in terms of its attractiveness to businesses wanting to relocate.

Instead of addressing the negative tax environment, local and state governments have decided that, in order to attract business, they will get into the development game.  The City of Bend spent millions of taxpayer dollars to create the black hole known as Juniper Ridge.  There it offers industrial property in competition with private developers at a price at which no developer could compete.   Taxpayer money was spent on property improvements that ordinarily would be the responsibility of a developer and the City is not finished yet.  And there it sits, essentially empty. 

Not to be outdone, the State of Oregon, through its Department of State Land, has expressed an interest in developing hundreds of acres of vacant land it owns, near the Fairgrounds in Redmond, for industrial use.

Now, along comes the City of Redmond.  It recently paid $350,000 for a privately owned gymnasium in anticipation of “someday” improving the roads nearby leasing it to Parks & Recreation, another government entity, for $1.00 a year.  That will enable that entity to stop paying monthly rent of $3,600 to the owner of the property it presently occupies, will take the purchased property off the tax rolls and will result in a zero return on the taxpayer money invested.

At the same time, the City is offering, through its “Opportunity Fund,” to give away $2,000,000 of taxpayer money, as well as fee reductions, to some lucky businesses for use in building still more industrial property in the Redmond Urban Renewal District in order to “enhance the long term tax base.”  Its stated purpose is to “assure an adequate supply of planned industrial, commercial and residential land...”  Never mind that the vacancy rate in existing industrial properties in Redmond is 20%.  The “free money” under the program is specifically restricted so that it can’t be used for tenant improvements and buildouts on existing privately owned buildings.  The city has effectively said to the property owners that have already invested in developing buildings in Redmond for industrial purposes that they are of no importance.  Never mind that when they built the existing industrial property, they were required to pay for the sewers, build the streets, install utilities, lay down the sidewalks,  pay thousands of dollars in fees and that they are obligated to continue to pay property taxes on their unoccupied buildings.  The buildings they built will remain empty while the City of Redmond gives away taxpayer money to build still more industrial buildings, while large industrial property developed by the City of Bend sits empty and while the State of Oregon uses taxpayer money to create still more industrial property.

Owners of existing business property must pay property taxes on empty buildings while competing with government give away programs intended to build still more unneeded buildings and develop still more vacant land, with taxpayer money.  If the objective is to attract new business with free money, it would make more sense to offer to subsidize rent or loan money for down payments on existing property.

It appears that government is simply trying to grow government at the expense of those of us who pay the taxes that pay their wages.  Based upon government success as property developers to date, one would think that it would stick to governance, get out of the real estate development business, and not compete with existing taxpayers. 

Medical Records Law Conference in Alaska

I recently had an opportunity to be a speaker at an educational conference held in Alaska.  The topic was medical records law, and although I learned a lot while brushing up for my discussion on HIPAA, I was amazed at what great things I learned from the other presenters.  Lauren, who’s a legal nurse consultant who reviews my potential medical negligence cases, was also asked to speak.  She had a very interesting presentation about how medical records can be used on the plaintiff’s side, and then how they can be used on the defense side. Lauren and I did another presentation together with four case studies on how medical records can be used in litigation, with actual chart notes used as examples.  And then I spoke about the basics of HIPAA, the privacy and security rules and how recent legislation has made HIPAA much more strict, with large penalties for violations.  Overall, a great experience and I hope the attendees enjoyed it and learned a lot!