Category Archives: PIP

Acrobats Injured in Rhode Island Plan Law Suits

Date: May 4, 2014
Location: Dunkin’ Donuts Center, Providence, Rhode Island
Name: Julissa Segrera, Viktoriya Medeiros, Dayana Costa, five others

Eight women who were injured in a circus acrobat act in Rhode Island in May have planned to file law suits against those responsible for the accident.

Four of the women who have sustained multiple injuries spoke about their lives after the accident and said that they want to go to the root cause. They want to ensure that such an accident does not occur again.

The women, including Julissa Segrera, Viktoriya Medeiros, and Dayana Costa were part of a human chandelier when a carabiner clip snapped according to investigators. Lawyers have yet to confirm who will be sued by the acrobats but did not rule out filing cases against the venue or the carabiner maker.

We extend our sympathies to the injured acrobats and hope they recover quickly and completely.

In Oregon, manufacturers, distributors, and retailers are all responsible for the safety of their products. If you or a loved one has experienced an accident similar to Segrera’s, contact an Oregon product liability attorney to protect your rights.

You can seek compensation for injuries from:

  • Design defects: when the poor or flawed design of a product makes it dangerous
  • Manufacturing defects: when a problem is introduced during manufacturing that makes a product dangerous
  • Marketing defects: when the warning labels or instructions are not sufficient or appropriate to protect consumers from injury

By pursuing damages from companies that allow unsafe products to be created, distributed, and sold in Oregon, you may be helping others who have had similar experiences. According to the US Consumer Product Safety Commission, over 30 million people are injured every year in the United States due to defective products.

Do not wait to get help: contact a Portland product liability attorney for a free consultation as soon as possible. In product liability cases, it can be imperative to get pictures and start investigating what happened as soon as possible, because product liability cases have their own special (and very difficult) statutes of limitations (ORS 30.905), which can be much shorter than the more common statutes.

Two Injured in Marion County with Car in Creek

Date: February 27, 2014
Location: Oregon 22, milepost 39, Sardine Creek, Marion County, Detroit
Names: Kathryn Hansman Spice, Byron Spice

Two people suffered minor injuries and were taken to hospital for treatment when their car fell into a creek in Marion County on Thursday.

According to reports, a 2001 Toyota Avalon driven by Kathryn Hansman Spice, 69, fell into Sardine Creek after she failed to negotiate a curve, hit the guard rail, went down the embankment, and in to three feet of water. The driver and her passenger, husband Byron Spice, 78, were taken to Santiam Hospital for treatment. Hansman Spice was cited for failure to drive within the lane. Police continue to investigate the accident. The car suffered extensive damage to its front end.

We extend our sympathies to the injured and hope they recover quickly and completely.

We understand the life-altering effects of a motor vehicle collision, and we wish Spice a complete and speedy recovery.

While many single car accidents are considered to be the fault of the driver, it is not uncommon for these types of accidents to be more complex than they appear. Poorly maintained roads, bad signage or traffic control devices, negligent mechanics, car manufacturing defects and/or poor design, can all contribute to a single-car accident.

To protect your rights, and any potential claim you may have, it is imperative to investigate these other possible causes as soon as possible. Road repairs, changes to the intersection, etc., can all obscure the evidence you might need to prove your claim. And, if a public body is negligent, you may lose your rights if you don’t send an Oregon Tort Claim within 180 days.

In a single-car accident, your Personal Injury Protection (PIP) should cover all your lost wages and medical bills up to at least $15,000 (the minimum coverage required by Oregon law). PIP is no-fault insurance, so PIP applies no matter who is found at fault for the accident.

If you or someone you know has been involved in a single car accident that they believe was not their fault, consider talking to an experienced Portland accident attorney or reading 7 Common Mistakes That Can Wreck Your Oregon Accident Case, which can answer the most common questions people have after a car accident.

Two Pedestrians Hit By Car When Man’s Cast Gets Stuck on Gas

Date: September 23, 2012
Location: 3495 SW Cedar Hills Blvd., Beaverton
Name: Steven Brown, Victims Unknown

A man caused multiple injuries and extensive property damage following an accident on Monday, September 23, 2013 in the early afternoon.

Police report that Steven Brown, 66, of Portland, was operating his vehicle when he crashed near the New Seasons store located at 3495 SW Cedar Hills Blvd. Brown was driving while wearing a plastic walking cast on his foot. The cast became stuck on the gas pedal and he was unable to stop the vehicle. Brown collided with two parked cars, two trees, two pedestrians and a moving car before he finally managed to stop.

The two pedestrian’s names were not released. One suffered serious injuries and was taken to a nearby hospital for treatment. The other suffered minor injuries. None of the people in Brown’s vehicle were injured nor were there any reported injuries in the moving vehicle that Brown hit. The exact extent of the property damage was not reported.

No citations were issued or arrests made as a result of the accident, thought it is under review at this time.

We would like to express our best wishes to the two injured pedestrians. We hope that you both have a fast and full recovery from your injuries.

The most vulnerable user on the road is a pedestrian: people are no match for cars, motorcycles, or even bicycles. Pedestrians who survive accidents are extremely lucky. Unfortunately, however, they often sustain serious injuries, and have very high medical bills as a result.

Fortunately, Oregon requires motorists to carry Personal Injury Protection (PIP) as part of their auto insurance. And according to Oregon law, if a pedestrian does not have auto insurance or health insurance, the at-fault driver’s auto insurance PIP coverage will cover the pedestrian.

This PIP coverage can be used to pay for medical bills, lost wages, and even household expenses until a settlement is made between insurance companies. If a pedestrian does have auto insurance or health insurance, they will be able to use their own PIP or health insurance until a settlement is reached. If lost wages and household expenses exceed the injury victim’s PIP (or the pedestrian does not have PIP), then the driver’s PIP coverage will apply as well.

A knowledgeable Portland personal injury attorney familiar with pedestrian accidents can help you win a settlement to pay for your medical bills, pain and suffering, and lost wages and can also help you gain access to the at-fault driver’s PIP coverage. They can also negotiate with your insurance, the at-fault driver’s insurance, and your health insurance to minimize what you will have to pay back.

 

Two People Injured in Crash on OR18, Cause Unknown

Date: September 20, 2013
Location: Oregon 18, Otis
Names: Matthew D. Mays, Bonniebelle Everill

A single-vehicle crash resulted in serious injuries to two people on Friday, September 20, 2013, outside of Otis.

Matthew D. Mays, 29, of Lincoln was operating his 2005 Chevrolet Blazer in the westbound lane on Oregon 18. Police report that Mays was driving erratically and speeding. At one point, his vehicle left the roadway and traveled over an embankment. It then rolled over and landed on its left side in the eastbound lane. The vehicle was blocking the eastbound lane of the highway when it stopped.

Both Mays and his passenger, Bonniebelle Everill, 25, from Otis, were wearing seatbelts at the time of the accident. However, they were both still seriously injured. They were first transported to Samaritan North Lincoln Hospital and later were sent to Legacy Emanuel Medical Center in Portland. Their current conditions are not known and their specific injuries were not listed.

No citations have been issued or arrests made in relation to the accident and police are continuing to investigate at this time.

We would like to express our best wishes for a fast and full recovery to both of the parties involved. Our thoughts are with you as you recover from the injuries you sustained in this serious accident.

When a car rolls over in an accident, the results can be catastrophic. Our hearts go out to those involved in this accident, and we hope they are able to recover quickly.

Rollover accidents usually happen in one of two ways:

o When a vehicle, usually with a high center of gravity like SUVs, pickup trucks, and passenger vans, loses its balance and control after a sharp turn
o When a vehicle “trips” on something: a pothole, soft shoulder, curb or guardrail and topples over

These accidents are especially upsetting because most people believe that cars are designed to be safe: to not to roll over, and to protect the passengers if they do. In some cases, where the accident was clearly caused by poor vehicle design or faulty parts, the manufacturer or distributor may be held liable.

If you or a loved one was involved in a rollover accident caused by a poorly designed vehicle or someone else’s negligence, contact a compassionate Portland rollover attorney to discuss your case. They will start by giving you a free and honest consultation, and can help you recover compensation for your injury, pain and suffering, and wage loss.

Woman in Wheelchair Hit by Pickup in Keizer, Oregon

Date: July 31, 2013
Location: intersection of River Road North and Juedes Avenue North, Keizer, Oregon
Names: Rachel Lehmann, Dean Bartell

A woman in a wheelchair was injured after being hit by a pickup on Wednesday morning at an intersection in Keizer, Oregon.

According to the police, the wheelchair that 25-year-old Rachel Lehmann was using was pinned under the bumper of a pickup after she was hit at the intersection of River Road North and Juedes Avenue North, Keizer. She was taken to hospital for treatment of non-life-threatening injuries.

The driver of the pickup Dean Bartell, 32, was cited for failing to stop and remain stopped for a pedestrian. He said that he had stopped and looked to the right at the intersection before focusing on the traffic to the left and starting to drive when he hit the wheelchair.

We extend our sympathies to the injured and hope she recovers completely and quickly.

The most vulnerable user on the road is a pedestrian: people are no match for cars, motorcycles, or even bicycles. Like Lehmann, pedestrians who survive accidents are extremely lucky. Unfortunately, however, they often sustain serious injuries, and have very high medical bills as a result.

Fortunately, Oregon requires motorists to carry Personal Injury Protection (PIP) as part of their auto insurance. And according to Oregon law, if a pedestrian does not have auto insurance or health insurance, the at-fault driver’s auto insurance PIP coverage will cover the pedestrian.

This PIP coverage can be used to pay for medical bills, lost wages, and even household expenses until a settlement is made between insurance companies. If a pedestrian does have auto insurance or health insurance, they will be able to use their own PIP or health insurance until a settlement is reached. If lost wages and household expenses exceed the injury victim’s PIP (or the pedestrian does not have PIP), then the driver’s PIP coverage will apply as well.

A knowledgeable Portland personal injury attorney familiar with pedestrian accidents can help you win a settlement to pay for your medical bills, pain and suffering, and lost wages and can also help you gain access to the at-fault driver’s PIP coverage. They can also negotiate with your insurance, the at-fault driver’s insurance, and your health insurance to minimize what you will have to pay back.

 

 

 

 

 

 

Bicyclist Collides with Garbage Truck, Critically Injured

Date: July 12, 2013
Location: Southeast 17th Ave. and Southeast McLoughlin Blvd., SE Portland
Name: Matthew Charles Casperson

22-year-old Matthew Charles Casperson of Southeast Portland is in critical condition following a collision with a garbage truck on Friday, July 12, 2013.

Police report Casperson was traveling on his bicycle near the intersection of Southeast 17th Avenue and Southeast McLoughlin Boulevard. At that point, he collided with a garbage truck that was at the intersection.

The bicyclist was taken to a nearby hospital where his injuries were reported to be serious. As of Monday afternoon, his condition had been upgraded to critical.

The driver of the garbage truck was not reported to be impaired at the time of the collision and he was not injured. Police continue to investigate the accident. No citations have been issued or arrests made and it is unclear who had the right of way at the intersection where the collision occurred. It was not reported if the cyclist was wearing a helmet and his specific injuries were not reported.

We would like to express our best wishes for a fast and full recovery to the cyclist injured, Matthew Charles Casperson. It is very fortunate that his injuries were not more severe, due to the size of the vehicle he collided with.

Accidents like these remind us all, cyclists and drivers alike, that we need to be aware and respectful of each other on the road. The consequences when we fail to do so could be catastrophic.

Sometimes, despite a cyclist’s most careful riding, you can still be hit. If you are a cyclist and get into a bicycle accident:

  1. Call the police. It is important to have your story on record for any later claim, so even if the police will not come to the scene, file an accident report later.
  2. Take photos. Take photos of your bike and your injuries, the other vehicle involved, the road and surrounding area, any tire marks the car made, any obstacles that contributed to your fall, etc.
  3. If you can’t take photos at the time of the accident, have someone else do it, or return to the scene as soon as possible to do so.
  4. Take care of your body. After the accident, your adrenaline may mask any injuries you sustained. Go to the ER or to see your doctor if you start to feel discomfort, pain, or experience traumatic brain injury symptoms. Medical records are the best evidence of your injuries.
  5. Consider contacting a knowledgeable Portland bicycle accident attorney to help you navigate the tricky and confusing insurance claim process.

While you are taking care of your injuries, you may wonder how you will pay your accumulating medical bills. If you have auto insurance, your Personal Injury Protection (PIP) will cover your bills (up to $15,000) until you can reach a settlement with the at-fault driver’s insurance.

But what if you don’t carry auto insurance? If you were not at fault, and don’t carry auto insurance, your health insurance can pay your medical bills. Then, at settlement, the at-fault driver’s auto insurance should reimburse your health insurance for the medical costs.

What if you don’t have auto insurance OR health insurance? In that case, the driver’s PIP insurance should pay for your medical bills while you recover and then should also compensate you for any other damages.

 

 

 

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