LEGISLATIVE UPDATE

The Oregon Legislature just passed a very important update to Oregon's motor vehicle insurance laws providing Oregonians with protection much more like the protection Washington drivers have enjoyed for years.  Every Oregon driver pays for both under-insured motorist coverage, and personal injury protection coverage.  Until the new law takes effect, there are loopholes in the Oregon statutes that, under certain circumstances, render these coverages worthless.

On January 1, 2016 the new law will require that under-insured motorist coverage be made available to Oregon drivers if their total damages are more than the at fault driver was insured for.  That is, if another driver does not have enough insurance to cover your loss, they are now defined as "under-insured."  While this may seem self-evident, many people are surprised to learn that this has not been, and, indeed, is not currently the law.

Currently, another driver is only considered "under-insured" if he has less insurance coverage than you do.  Not if he has less insurance coverage than your total damages.  Thus, if you have a minimum policy providing $25,000 in coverage, and the other driver had the same minimum policy, he could not be defined as "under-insured" even if your total damages far exceeded $25,000.  Thus, under the current law, you could not collect a dime of your own $25,000 "under-insured" motorist coverage.

This important change frees up your under-insured motorist coverage and makes it available to you whenever you are injured by a driver who has not purchased enough insurance to cover your damages.

In addition, every insured Oregon driver has also paid for Personal Injury Protection coverage that will pay for their medical expenses and wage loss after a car crash.  However, even though you have paid premiums for this coverage, currently, and until the new law takes effect, your own insurance company could assert a lien against the at fault driver's insurance, and drain his liability insurance policy.  This lien is first in line before the injured party.  Your insurance company can get paid back in full before you receive any damages.  If the other driver had not bought enough insurance to cover both your own insurance company's claims and your own damages, you were the one left out.  This, again, despite the fact that you have been paying premiums for years.

Now, under the new law, your own personal injury protection carrier does not get paid back until all of your damages have been paid.  Thus, the insurance that you have paid premiums for, does not get to take away the liability proceeds from the at fault driver.  You are placed first in line, not your insurance company.

However, these amendment do not apply to existing insurance policies.  It only applies to those policies that are issued or renewed AFTER January 1, 2016.  Insurance policies often renew every 6 to 12 months.  Therefore, to avoid any delay in the implementation of this coverage, it is important to have your policy re-issued, or renewed as soon after January 1, 2016 as possible.

Wayne Hawn

Bend Christmas Parade

Noon - Saturday, December 7, 2013

Stop by and say hi, and pick up some free coffee, cocoa, and cookies! Bring a chair or sit on the curb right in front of our building at Riverside (Franklin) and Broadway - across from Drake Park. Hope to see you then!

Winter Driving Tips in Bend, Oregon

It’s Winter Driving Season Again!

Winter Driving

Driving in Oregon in the winter can be challenging both to drivers and their vehicles.

During the winter driving season, the National Highway Traffic Safety Administration urges motorists to take precautionary measures to ensure that all vehicles are in optimal driving condition and properly equipped, especially in inclement weather.

NHTSA safety recommendations include the following:

Visit your mechanic for a periodic safety inspection and to address routine vehicle maintenance. Have your vehicle checked thoroughly for fluid leaks and any other needed parts, repairs, or replacements.

Have your starting system battery checked for sufficient voltage. When the temperature drops, so does battery power. Be aware that it takes more cranking power to start your vehicle in cold weather. Also, be sure the connections are properly tightened and free of corrosion. If necessary, clean them with a solution of baking soda and water.

Make sure you have enough coolant in your vehicle and that it's designed to withstand the winter temperatures you might experience in your area. A 50/50 mix of coolant to water is sufficient for most regions of the country.

If your engine cooling system hasn't been flushed (draining the system and replacing the coolant) for several years, have it done now. Over time, the rust inhibitors in antifreeze break down and become ineffective. Coolant also needs to be refreshed periodically to remove dirt and rust particles that can clog the cooling system and cause it to fail.

Make sure your windshield wipers and defrosters are working properly. Refill the windshield washer reservoir as needed with high-quality, "no-freeze" washer fluid.

Check tire pressure and make sure each tire is filled to the vehicle manufacturer's recommended inflation pressure, which is listed in your owner's manual and on a placard located on the driver's side doorjamb (called the "B-pillar").  Tire pressure drops as the temperature drops. Properly inflated tires ensure optimum tire performance and optimum vehicle driving range.

Keep a tire pressure gauge in your vehicle at all times and check pressure when tires are "cold" – meaning they haven't been driven on for at least three hours.

Check your tire tread depth and make sure you are using a tire appropriate for the winter driving conditions you may encounter. If the winter season means sleet, slush and snow-covered roads in your area or where you're traveling to, consider replacing tires when they reach approximately 5/32" of remaining tread depth. If you regularly encounter severe winter driving conditions, you may consider a dedicated winter/snow tire for optimum traction. 

Stock your vehicle with essentials in the event of an emergency including a snow shovel, broom, ice scraper, jumper cables, flashlight, warning devices (flares, reflective markers, etc.) and blankets for protection from the cold. A mobile phone, water, food, and any necessary medicines may prove useful if you become stranded.

If road conditions are hazardous, wait until road and weather conditions improve before venturing out in your vehicle.

If you do become stranded, don't run your car for long periods with the windows up or in an enclosed space to avoid asphyxiation from carbon monoxide poisoning. If you must run your vehicle, clear the exhaust pipe of any snow and run it only sporadically – just long enough to stay warm.

In the unfortunate event you are involved in a collision, please see the information provided at Practice-Areas Car-Accidents.

Stay Safe on Halloween

Pedestrians and Drivers - Stay Safe on Halloween!

On Halloween night please remember to slow down and be on alert by trick-or-treaters of all sizes, crossing the street mid-block or darting out from between parked cars.  Drivers should be extremely careful entering and exiting driveways.  Here are some Halloween tips:

Reflective tape: apply to the front and back of your child’s costume

Glow sticks:  Attach glow sticks to costumers or wear a glow necklace and/or bracelets

Flashlights:  Add fresh batteries and give each kid a flashlight.  Parents should also carry flashlights or lanterns

Costumes:  Make sure masks fit properly and costumes aren’t so long that they create a tripping hazard

Stay in a Group: Keeping the trick-or-treaters in a group may be difficult as they are going to be very excited and want to run from house to house.

Use the Sidewalk: to get from house to house.  Don’t let them cut across yards, driveways or alleys.

Crosswalks: Use crosswalks only.   No crossing the street at a driveway or from between parked cars.   Use caution while crossing, even in the crosswalk.  Don’t step out into the crosswalk assuming the car coming is going to stop for you.  Make sure the car is going to stop before committing to cross.

Learn how we can help –  Pedestrian-Accidents 

Wrongful Death Law in Oregon: Caps on Non-Economic Damages

ORS 31.710 limits the amount of non-economic damages to $500,000 in wrongful death cases.  In other words, any damages for non-economic things such as loss of care, comfort, companionship and society, pain, mental suffering or loss of consortium, are limited to $500,000. 

This does not “cap” the amount of economic damages that are recoverable.  Economic damages are verifiable monetary losses such as medical expenses, burial and memorial expenses, and loss of income.

The “cap” also does not apply to punitive damages, if punitive damages are found to be appropriate.

Under ORS 31.710, a jury is not allowed to know about this cap on damages, so even if a jury awards a personal representative of a decedent over $500,000, the Judge will reduce the award to this amount.   

Construction Outside Our Windows!

 

Brothers, Hawn & Coughlin in the middle of a construction zone

while the City of Bend is adding a bike lane to Riverside Blvd.!

 

To learn more about Brothers, Hawn & Coughlin, please visit our website at

www.brotherslaw.com.

 

Enjoy the summer in sunny Central Oregon!

 

As we move into the long holiday weekend, we ask that you please take a moment to remember those that have fallen in battles past and present.

These brave Marines, Soliders, Airmen & Sailors who have risked and lost all.   Let us not forget!

Central Oregon Beer Week

Central Oregon has one of the largest per-capita number of breweries of any region, and a thriving, exploding beer social scene-so it's only natural that we also have a Central Oregon Beer Week, a week-long celebration of Bend and Central Oregon's amazing beer culture.  Check out this website for all the activities, designate a driver and enjoy!  http://www.centraloregonbeerweek.com. 

Pole Pedal Paddle 2013

Bend, Oregon’s annual event, the Pole, Pedal, Paddle takes place this weekend on Saturday, May 18.  It's a relay race, with six legs that include alpine skiing/snowboarding, cross-country skiing, biking, running, canoe/kayaking and sprinting to the finish! 

I participated with my husband and father last year and this year I’m going to enjoy being a spectator.

The U.S. Bank Pole Pedal Paddle is a fundraiser for the Mt. Bachelor Sports Education Foundation. MBSEF is a non profit organization that’s mission is to be the Northwest’s leading youth sports training organization, promoting the positive values of competitive sports including Alpine and Nordic Skiing, Snowboarding and Cycling.  Spectator festivities start at 11:00 a.m. at the Les Schwab Amphitheater area of the Old Mill District.  See you there!

Devastating Hwy. 126 Crash

Yesterday's devastating head-on collision, involving Jessica Garcia, the Burdicks, and several others  on Highway 126 just outside of Redmond reminded me of the tragic consequences of driving while distracted.  Authorities have stated that alcohol was a factor in the collision.  So please, secure the kids and dogs, put the phone in the trunk, and don't drink and drive.

For more information on the crash, visit:  http://www.ktvz.com/news/headon-crash-blocks-hwy-126-west-of-redmond/-/413192/20055276/-/xd1dq8/-/index.html

For more information on what to do if you are involved in a crash and need an attorney advocate:  http://www.brotherslaw.com/Practice-Areas/Car-Accidents.shtml

May is National Bike Month!

 

Spring has sprung and the warmer weather has many people out on their bikes.  Motorists and bicyclists need to keep a close eye out for each other.   Particularly on May 8, which is National Bike to School Day and on May 17, which is National Bike to Work Day.

If you are in a car, please be aware of bicyclists.   If you are on a bike, here are some ideas from a recent AAA article in the May/June VIA Oregon publication (by the way, the same magazine has a great photo of Tumalo Falls on page 10):

Wear a Helmet - a bike helmet properly worn is up to 85 percent effective in reducing head injury risk during a crash, and 100% effective in giving you stylish “helmet hair.”

Stand out in the Crowd - OK I know that cycling clothes look goofy.  But, one thing that they do very well is to bring attention to the cyclist.  Wear bright clothing to make yourself obvious to cars around you.

Think with Four Wheels - Bicyclists are motorists in the eyes of the law.  That means that you owe drivers the same courtesies that they owe you.  But that doesn’t make you special.  Obey all signs (including stop signs), and lights and yield to pedestrians.

Go with the Flow - Always move predictably and defensively, watching for hazards ahead.  Ride in the direction of traffic, signal when turning or changing lanes, and stay to the right when riding among faster vehicles.  Remember that in many places it’s illegal for anyone but children to ride on the sidewalk.

A comment on this last point.  Ride on the right side of the road, even in a bike lane.  The importance of this rule is not always clear, but, imagine that a car is waiting at a stop sign, intending to turn right onto the road upon which a cyclist is riding.  The car pulls up to the stop sign, and the driver looks to his left, waiting for a break in traffic, so he can pull out.  If a cyclist is riding on the wrong side of the road, they will approach this stopped car from the right side.  Directly away from where the driver is looking and expecting traffic to approach.  A break in traffic occurs and the driver pulls out.  Potentially, right into the cyclist.  Be predictable, and cycle where a driver would expect to see you.

Be safe out there.

Tips for Finding the RIGHT Personal Injury Attorney for YOU

A recent look through the phone book revealed that there are many, many attorneys now advertising that they do "personal injury."  So how do you know if you're choosing the right personal injury attorney to best handle your case? 

Here are some tips:

1) Ask friends and family who they would recommend or who they've used in the past. 

2) Check out attorneys' websites to get a feel of who they are, how they operate, what their history is, and what their past clients have to say.

3) Make sure they actually have done personal injury cases!  This seems basic but there are many lawyers out there trying to do everything.  A specialist is what you need.

4) Meet with a few different attorneys and see who you feel most comfortable with.

5) Research them.  Review their profiles, reviews, blogs, endorsements and websites.

Smaller Cases Could Be Resolving by an ORS 20.080 Demand

Under ORS 20.080, a claim can be made for damages for personal injury up to $10,000.  The insurance company must respond within 30 days.  If the insurance company does not pay the full amount and a lawsuit is filed, the insurance company will be responsible for attorney fees and costs if a jury ultimately awards more than the amount offered during that 30 days.

This statute is very helpful in resolving smaller cases.  There are specific steps that must be taken to satisfy the requirements of the statute.  If you have a smaller case that might be resolved through ORS 20.080, please contact us at 541-382-5885 or through email at http://www.brotherslaw.com/. 

Vehicle, Tire and Child Restrains - Recall Notices

Did you know that you can sign up for notifications of recalls from The National Highway Traffic Safety Administration by visiting this site?  http://www-odi.nhtsa.dot.gov/subscriptions/index.cfm

According to NHTSA, after 2002 they receive an average of 20 tire recalls per year, 8 child restraint recalls per year, and an average of 600 vehicle recalls per year.   You can also sign up for notifications regarding motorcycles, helmets and motorcycle equipments.  Post 1998 NHTSA receives an average of 34 motorcycle related recalls per year. 

 

With so many products manufactured in China and elsewhere overseas these days, it is difficult to know where to turn for compensation in the event of an injury or wrongful death caused by a defective or dangerous product. If you are not sure what to do about your injuries or where to turn for help against a large multi-national corporation, talk to us first. 

With so many products manufactured in China and elsewhere overseas these days, it is difficult to know where to turn for compensation in the event of an injury or wrongful death caused by a defective or dangerous product. If you are not sure what to do about your injuries or where to turn for help against a large multi-national corporation, talk to us first. 

 

With so many products manufactured in China and elsewhere overseas these days, it is difficult to know where to turn for compensation in the event of an injury or wrongful death caused by a defective or dangerous product. If you are not sure what to do about your injuries or where to turn for help against a large multi-national corporation, talk to us first. 

 

Our firm has earned a reputation for aggressive, effective representation that gives people a voice for justice. We are willing to sue large corporations and the government on behalf of our clients. We provide a free, no-obligation case evaluation to discuss the circumstances of your accident and give you clear options for pursing money damages.  Please see our website at http://www.brotherslaw.com/Practice-Areas/Product-Liability.shtml.

SUPER BOWL XLVII!

As thousands of Oregonians join millions across the country planning to gather and watch America’s most popular sporting event, the Super Bowl, law enforcement and traffic safety partners urge everyone not to let drunk driving destroy your plans.

The excitement is building for one of America’s most anticipated and celebrated sporting events.  The Super Bowl brings together friends, families and fans each year to cheer on their teams.  Many will gather at sports bars, restaurants or Super Bowl Parties.  The U.S. Department of Transportation, National Highway Traffic Safety Administration (NHTSA), along with the National Football League have joined with local highway safety and law enforcement officials to spread an important safety message to the public about designating a sober driver on Super Bowl Sunday:  Fans Don’t Let Fans Drive Drunk.

Before choosing to drink, choose a sober designated driver.  Avoid the unsportsmanlike conduct of driving drunk by handing off your keys so that you, your passengers and everyone on our roads can safely arrive home.  Drunk driving is always preventable and driving drunk could result in seriously injuring or killing yourself or someone else.  Expect the police to have a visible presence and to stop anyone who makes the dangerous decision to drink and drive.

According to the Oregon Department of Transportation Crash Statistics, alcohol was a factor in 45 crashes in Bend in 2011, resulting in 21 needless injuries.  Three people died, representing half of the 2011 traffic fatalities in Bend.

According to the NHTSA, 10,288 people were killed in drunk driving crashes in 2010.  These drunk driving fatalities accounted for 31 percent of the total motor vehicle traffic fatalities in the U.S.  In addition, alcohol impairment among drivers involved in fatal crashes was almost twice as high during the weekend than during weekdays, and four times higher at night than during the day.

Here are some suggestions -

If you’re attending a Super Bowl Party or watching the game at a bar or restaurant:

*          Designate your sober driver before the party begins.

*          If you don’t have a designated driver, ask a sober friend for a ride home; call a cab, friend or family member to come and get you; or if possible, stay where you are for the night and don’t drive until you are sober.

*          Use the services of the local Bend business, “Sober Dudes”.  For $20 within Bend city limits, two sober dudes will come to you and drive you and your car home.   Check out their service on Facebook (soberdudesllc) or their website www.soberdudes.com.

*          Never let friends drive drunk.  Arrange a safe way for them to get home.

*          Always buckle up.  It’s still your best defense against drunk drivers.  

If you’re hosting a Super Bowl Party:

*          Make sure all of your guests designate their sober drivers in advance, or help arrange ride-sharing with sober drivers.

*          Serve plenty of food and non-alcoholic beverages at the party.

*          Host your party just like they do at the stadium - Stop serving alcohol at the end of the third quarter of the game.  The fourth quarter is perfect for serving coffee and dessert.

*          Keep the phone numbers of the local cab company and Sober Dudes LLC on hand and take the keys away from anyone who is thinking of driving drunk.

 

www.brotherslaw.com

Another Match.com Date Gone Very, Very Wrong

A lawsuit has been filed against Match.com by a woman who was beaten within an edge of her life.  She alleges that the dating website did not properly advise her of the risks of online dating.  Apparently this man did not have any criminal convictions, so even if Match.com did have criminal background checks in place, this would not have prevented this tragic event. 

When I appeared on the TODAY show with Jennifer about her Match.com experience, a lawyer from Illinois called me regarding the lawsuit he intended to file against Match.com.  This may or may not be that one, but there will likely be more of these if customers continue to get physically and sexually assaulted on dates.  In our case, we determined that Match.com could not be held accountable for the actions of Jennifer's perpetrator.  However, if Match.com continues to not conduct criminal background checks, and one of its customers is unnecessarily injured or killed, Match.com will have signficant exposure to large-damages lawsuits.  I wonder what the additional cost would be to Match.com if they were to institute a policy of criminal background checks on its members?  Could participants opt out, and if they did, would that be made clear to other participants? 


And here is a link to the CNN article: http://www.cnn.com/video/?hpt=hp_t3#/video/us/2013/01/25/nr-hostin-match-com-lawsuit.cnn

Here is a link to our website about representing victims of sexual assault:  http://www.brotherslaw.com/Practice-Areas/Sexual-Child-Abuse-Victims.shtml

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.