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Liability and The Rear End Auto Accident Collision

Staff Writer — Tue, 27 Dec 2005 17:36:02 GMT

Most people have heard that rear-end collision type auto accidents are the fault of the driver who hits the person in front of them. In almost every case that is true. But why?

The general rule of the common law forbids creating unreasonable risks of harm to others, which is Oregon's formulation of negligence law. In most automobile collision cases, the specifications of negligence include lookout, speed, and control. The duty of lookout requires Oregon drivers to keep a reasonable lookout for other drivers, motorcyclists, bicyclists, pedestrians, and people in wheelchairs. If a driver looks but fails to see something which is plainly visible, the Oregon rule is that the driver is still liable in negligence.

The duty of speed requires that the driver drive the speed limit or the speed which is reasonable for the conditions, whichever is less. The speed limit is either the posted speed or depends on the classification of the roadway and neighborhood. Whether a speed is reasonable for the conditions depends on a number of listed factors, but can also include others. The duty of control requires a driver to maintain reasonable control over the vehicle.

In a rear-end collision case, the most common failure is lookout--the offending driver was not looking where he or she was going because they were looking away from the road. A bit less common is the stop in traffic, in which case it is a combination of lookout, speed, and control, and may involve the statutory offense of following too closely. In most non-intentional car collision cases, liabiility will boil down to questions of lookout, speed, and control. It is a very rare case which is a true "accident" where none of the drivers is at fault.

Originally posted at InjuryBoard by Staff Writer

Car and Train Collide Because of Text-Messaging Driver

Jenny Albano — Thu, 18 Oct 2007 14:14:10 GMT

An Oregon man crashed into a freight train on Tuesday, October 16 at around 2 a.m. The driver, Robert Gillespie, and the crew on-board the train were not seriously injured.

Gillespie told rescue workers that he was using his cell phone to send a text message while they were trying to release him from the demolished vehicle. He has been charged with drunken driving and careless driving. It is also believed that Gillespie was driving over the 35mph speed limit at the time of the accident.

Gillespie stated that once he looked up after completing his text message he finally saw the freight train. Apparently he tried to slam on the brakes at the last minute, but it was too late.

Text messaging or using cell phones while driving is very dangerous, and can cause the driver to not concentrate on the road. This accident is just another example of how distracting cell phone use while driving really is.

For more information on this subject, please refer to our section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Jenny Albano

Pedestrian Crosswalk Death Highlights Nighttime Dangers and Safety

Josh Shulman — Mon, 09 Nov 2009 15:38:00 GMT

A horrific pedestrian accident a few days ago in Portland serves as a grim reminder of the importance for drivers to pay extra attention once the sun sets and for pedestrians to use extreme caution while crossing the street at night - even in well-marked crosswalks. And with the recent time change, rush hour falls on some of the most dangerous hours to drive. There are more people - drivers and pedestrians alike - and therefore more chances for something like this to happen. The tragedy also showcases the need for cities to be sure their streets and intersections are well-lit to help keep their populations safe.

According to Portland's NewsChannel 8:

Two women were hit by a car and one of them died as they tried to walk across a crosswalk in Southeast Portland on Sunday night, Nov. 2, 2009. Police said the crosswalk was clearly marked but the driver did not see the pedestrians in the dark.

The women were thrown onto the car’s windshield when they were struck. Police said 23-year-old Lindsay Leonard was killed in the crash and her 29-year-old roommate, Jessica Finlay, was rushed to the hospital in critical condition.

People who live nearby said the intersection was poorly lit and it’s always been a dangerous place to cross the street at night.

It is so sad and unfortunate that something as simple as crossing a crosswalk could be fatal, but the tragic truth is that accidents like this happen all too often, especially in poorly lit areas like this one at night. There are many cases of late-night pedestrian accidents in Oregon, like the case of the drunk man who hit two teenagers crossing their city's only crosswalk during halftime of the local football game. In fact, 54% of pedestrian deaths recorded in 2003 happened between the hours of 4 pm and midnight, when it is hardest for drivers to see people in the road.

Thankfully, there are simple safety precautions both drivers and pedestrians can follow to help ensure that our roads stay safe.

Drivers:

-Pedestrians do not always cross at crosswalks, so always be on the lookout for people in the road.

-Be especially careful if it is dark or the weather is rough, it may be harder to see pedestrians.

-Always drive the speed limit, especially in urban areas or near crosswalks, in case you have to stop quickly to avoid a collision.

- If you are attempting to turn onto a new street, watch for pedestrians crossing into your intended path.

-Be careful around school areas, since children are less likely to understand and follow safe pedestrian behavior.

-DO NOT drink and drive, or do anything to impair your ability to be a safe driver.

-In general: PAY ATTENTION

Pedestrians:

-Walk in areas where drivers can anticipate you. Choose crosswalk areas and sidewalks over freeways or restricted zones when at all possible. Also, obey traffic signals.

-If you must walk on the road, walk facing traffic, so that you can see the vehicles coming toward you.

-Dress in light or reflective colors, especially at night, to make it easier for drivers to see you.

-Always be aware of your surroundings, and be very cautious when crossing large highways or high-speed roads.

-Don't assume that a driver sees you, always err on the side of safety.

-Do not drink alcohol if you are planning on walking anywhere; alcohol affects your judgment and reaction time just as it affects someone who is driving a car.

The state of Oregon has laws in place to help reduce the number of pedestrian accidents that occur in the state every year. These laws mandate that drivers stop and remain stopped for pedestrians crossing at intersections and traffic lights until the pedestrians have cleared a safe area around the vehicle.

These laws should help crack down on irresponsible drivers, and will hopefully make pedestrian deaths a thing of the past.

Members of the community should also be active in making neighborhoods safer. If there is an intersection that you think is unsafe, report it. And don't be afraid to repeatedly address the problem. Get your neighbors involved. Volunteer your time and money, too, if you feel it is important enough to have a safe neighborhood. Be a community of action.

Originally posted at InjuryBoard by Josh Shulman

Numb Tongue From Wisdom Tooth Removal

Staff Writer — Mon, 16 Apr 2007 15:56:54 GMT

Most people have their wisdom teeth removed -- the 3rd molars. If the teeth are removed wrong a patient can leave the oral surgery or dental office with a permanently numb tongue. The lingual nerve provides sensation, including taste, to the tongue.

If your tongue is still numb the day after your wisdom teeth have been removed, you should report the problem to the dentist or oral surgeon who removed your wisdom teeth and consider getting a second opinion from a facility that evaluates lingual nerve damage (OHSU and UW have the oral surgery departments). Make sure you have this evaluation right away if you are going to consider lingual nerve repair. Many oral surgeons who do the repairs believe there is better success on the repair surgeries with patients they see sooner and that it is ideal to repair the nerves within six months of injury.

Beware, some patients who have an injured lingual nerve are told that it was part of the consent form the patient signed or was a risk of the procedure -- that is irrelevant. The only issue is whether the wisdom tooth removal was performed properly or not.

Originally posted at InjuryBoard by Staff Writer

Two Teens Die in Oregon Car Accident

Jenny Albano — Sun, 30 Mar 2008 12:33:51 GMT

Two teenagers from Roseburg, Oregon died on Friday, March 28 after the car they were riding in swerved off the road, hit an electrical pole, hit a tree, and then flipped over. The 15-year-old driver, Jacob Gonzales, of the 1995 Toyota Camry is in serious condition after the car accident and another passenger was already treated and released from the hospital.

Gonzales failed to negotiate a corner and the vehicle left the road near Goedeck Avenue. The driver's side of the vehicle swiped an electrical pole and then spun around and hit a fir tree. The vehicle knocked the tree down and the car flipped upside down.

Both Rachel Merrell, 17, and Anthony Nickels, 15, both of Roseburg, were pronounced dead on the scene and Gonzales was flown to Legacy Emanuel Hospital & Health Center, where he was listed in serious condition Saturday afternoon. Sarah Sitton, 16, of Sutherlin, was treated at Mercy Medical Center where she has been released.

The electrical pole damage caused local homes to lose power until workers were able to replace the pole.

Originally posted at InjuryBoard by Jenny Albano

Car Crashes Into Portland Home Injuring Two

Chrissie Cole — Sun, 22 Mar 2009 14:39:00 GMT

A car struck a power pole and then a house in Portland Sunday, sending two people to the hospital.

The car crash occurred at the intersection of Southeast 162 Avenue and Taggart Street. According to police, two people were inside the vehicle traveling north on 162 Ave when the driver – traveling about 80 mph in a 40 mph zone – lost control and struck the pole and then the house.

The driver and passenger, 16, were taken to the hospital where they are both being treated in the ICU.

There were people inside the home when the accident occurred, but no one was hurt.

Wayne Louie, who lives across the street from the crash scene, said the wreck didn't come as a surprise.

"I've lived here two years and there have been two accidents just in this corner right here," Louie said.

Police say alcohol does not appear to be a factor.

Originally posted at InjuryBoard by Chrissie Cole

Driver Injured when Armored Truck Strikes Vehicle

Christina Cole — Wed, 14 Feb 2007 22:57:01 GMT

An armored truck crashed into the back of a pickup truck, injuring the driver on Interstate 5, Monday.

The driver was traveling northbound on I-5 at approximately 10:40am when his pickup truck was hit from behind by an Oregon Armored Services armored truck. He was transported by ambulance to Mercy Medical Center where he was treated and released.

The drivers of the armored truck were not injured and the truck was not damaged. An investigation is ongoing.

Originally posted at InjuryBoard by Christina Cole

Portland Officer Injured In Crash During Taping Of The TV Show COPS

Chrissie Cole — Wed, 30 Sep 2009 16:14:00 GMT

A Portland police officer was injured in a car crash during taping of the TV show “COPS.”

The accident happened Tuesday night when a vehicle crossed the center line at the intersection of SE 136th Ave. and Stark Street and struck Officer Ruppel's police cruiser head-on, according to Portland police.

Ruppel and two members of the show’s product crew were taken to the hospital with non-life threatening injuries.

The driver, Robert King, 53, suffered minor injuries.

"COPS" has been in Portland the last six weeks filming for upcoming shows on Portland police, according to Detective Mary Wheat.

Originally posted at InjuryBoard by Chrissie Cole

Certain Models of Triple-Channel Infusion Pumps Recalled

Jenny Albano — Wed, 25 Jul 2007 13:54:56 GMT

On Friday, the FDA alerted healthcare professionals of a class 1 recall of certain models of an upgraded triple-channel volumetric infusion pump made by Colleague and Colleague CX. A software malfunction may sound an alarm in the device, showing an error code 16:310:867:0002, which will stop infusing.

An electronic infusion pump delivers controlled amounts of medicine or other fluids to patients through a direct line into the bloodstream (intravenously, intra-arterially, or through an epidural).

"The error occurs when all three channels are in use and a healthcare professional initiates a user interface-intensive command such as overriding the Guardian dose limit feature, displaying the dose mode window, performing dose calculations or performing running rate changes," the company says in a news release.

So far there have been sixteen injuries reported. All the affected users have been contacted and have had their infusion pumps replaced with alternate devices, such as non-upgraded triple-channel and upgraded single-channel pumps.

From May 14 to June 18, 2007 there have been 4512 defective infusion pumps administered to 427 customers, according to an alert from the FDA's MedWatch.

For more information on this subject, please refer to our section on Drugs, Medical Devices, and Implants.

Originally posted at InjuryBoard by Jenny Albano

New Book Reveals Where Doctors Go Wrong

Staff Writer — Mon, 19 Mar 2007 17:00:26 GMT

An article in Time magazine discusses a doctor's new book on why doctors make medical mistakes. The research found that 80% of medical mistakes are due to thinking errors on the part of the doctors and 20% are due to technical errors.

The book is "How Doctors Think" and is a good read for anyone trying to get the best possible care and help protect him/herself from medical errors.

Originally posted at InjuryBoard by Staff Writer