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