Archive for the ‘Car Accidents’ Category

Do distracted drivers listen to passengers?

Distracted Drivers

Distracted driving continues to be a growing threat to public safety, despite the known risks. Within the last year alone, around 57 percent of all crashes in the United States involved the use of a cellphone in the moments leading to impact. The majority of these distracted driving crashes involved a driver using a cellphone within five seconds before the crash. Due to the COVID-19 pandemic, the frequency of cellphone use has grown exponentially over the last year.

Far too many drivers are willing to take the risk of causing a crash just to check cellphone notifications, send text messages or browse the internet. This is unlawful in Oregon, yet the law only penalizes distracted drivers. It does very little to stop them. According to a survey conducted by online car dealership LeithCars.com, even complaints from passengers do very little to stop distracted drivers.

Which distracted drivers did passengers confront?

According to the survey, which involved more than 1,000 passengers, more than 97 percent of participants said they confronted a distracted driver. That includes:

  • Friends – 67%
  • Family members – 60.8%
  • A significant other – 54.1%
  • Co-workers – 15.2%
  • Rideshare or cab drivers – 9.4%

Rideshare and cab drivers were the most likely to get defensive when called out for distracted driving. Family members and friends were the most likely to listen to passenger complaints, according to the survey.

What types of distractions were drivers confronted for?

The most common distractions involving cellphones included:

  • Texting and driving – 52%
  • Browsing the internet – 33%
  • Taking pictures and videos – 17%

Not all distractions involved cellphones, however. For example, drivers were confronted by passengers for the following distractions:

  • Turning around or reaching for items – 28.8%
  • Daydreaming or looking out the window – 22.9%
  • Adjusting a car stereo – 15.1%
  • Steering with knees or legs – 14.7%
  • Helping children/pets – 14.2%
  • Taking care of personal hygiene – 13.6%

Other distractions that received fewer complaints included drinking and driving, falling asleep, smoking marijuana, eating, reading, changing clothes and crying.

What makes distracted driving so dangerous?

The reported number of distracted driving deaths in the U.S. (2,841 in 2018) is alarming enough. But these numbers don’t account for all distracted driving deaths. Moreover, roughly 400,000 injuries are estimated each year due to distracted driving. The true numbers are likely higher. That’s because not all distracted drivers leave behind physical evidence or admit to being distracted when they cause a crash. What’s even more shocking, distracted driving is such a widespread problem that you could be sharing the road with multiple distracted drivers at any given time.

When drivers are distracted, they often have very little time to stop or react to an impending crash. This is usually due to:

  • Visual distractions – Eyes off the road
  • Manual distractions – Hands off the wheel
  • Cognitive distractions – Attention away from driving

Drivers have a duty to themselves and others on the road. If they don’t pay attention, and someone is injured as a result, they should be held accountable.

Were you or a loved one injured in a crash involving a distracted driver? If so, it’s critical that you speak to an experienced car accident lawyer who will uphold your rights and fight for fair compensation. Contact Zbinden & Curtis, Attorneys At Law in Portland online or call our law office to set up your free and confidential case evaluation.

Why you should obtain your Oregon car accident report after a crash

Portland auto accident attorney

The official police report is created when a police officer responds to the crash scene. Police are often dispatched to the scene of a crash when someone has been injured, there was significant damage, the crash is blocking traffic, or the crash involved a drunk driver. The first thing police do is determine if anyone needs medical attention and ensure that both cars are moved out of the line of traffic. Then, they begin assessing the crash and its causes.

The official police report isn’t created at the crash scene. Police usually collect the information and evidence they need then put together the official report at the police station. Police are trained to evaluate crashes while evidence is fresh at the scene. The report they put together is supposed to be unbiased, but sometimes the information can be inaccurate.

An official police report will have a significant impact on your car accident claim. If any information is incorrect, the other driver’s insurance company can use it to its advantage. When pursuing a claim, it’s critical that you get a copy of the official Oregon car accident report and review it for errors. If any information on your crash report is inaccurate, an experienced attorney at Zbinden & Curtis, Attorneys At Law can help get it corrected.

What will I find on my Oregon car accident report?

Your 3-page Oregon car accident report will contain the following information:

Page 1 – Basic information:

  • Crash date, time, location and road.
  • Property damage, injuries or deaths.
  • Driver’s information – Name, driver’s license number, address and contact information.
  • Vehicle information – Vehicle identification number, license plate number, year, make and model.
  • Whether drivers or passengers were injured in the crash.
  • Contact information for all witnesses and passengers.
  • If other parties (besides drivers and passengers) sustained injuries.
  • The responding officer’s name and badge number.

Page 2 – Causes and contributors

  • The weather and road conditions at the time of the crash.
  • Traffic control devices and locations.
  • Driver license violations.
  • Factors and other contributors that led to the crash.
  • Driver impairment.
  • A visual diagram showing how the crash occurred.

Page 3 – Truck and bus information (only applies if a truck or bus was involved): 

  • If the crash involved an injury, death or towaway.
  • Information on the truck driver and their employer.
  • Type of commercial vehicle involved in the crash.
  • The sequence of events that led to the crash.

How will my Oregon car accident report benefit my claim?

If you sustained significant injuries and damage to your car in a crash, you need all the evidence you can find to build a strong case. That’s because the other driver’s insurance company can easily argue that nobody was at fault, you were at fault, or you were exaggerating your injuries. An experienced car accident attorney at Zbinden & Curtis, Attorneys At Law can cross-reference your official Oregon car accident report with other pieces of evidence including:

  • Physical evidence from the crash scene.
  • Statements from witnesses.
  • Surveillance camera or dash-cam footage.
  • Cellphone records from the at-fault driver.

Our legal team will use this information to help you recover damages pertaining to medical costs, wage loss, property damage, pain and suffering, and other damages accrued from your crash. To get started on your claim, contact our Portland law firm online and set up your free case evaluation.

Can I afford to hire an attorney if I was injured in a crash?

Contingency fee

If you were injured in a traffic collision due to someone else’s reckless or negligent behavior, you may be looking to pursue a claim. A common mistake people make is assuming that they can’t afford to hire an attorney. They attempt to handle their claims alone and risk being denied the compensation they deserve.

Handling a car accident claim without an attorney is risky because the insurance company that represents the at-fault driver will do everything in its power to pay you as little as possible. If you speak to the other driver’s insurance company, you could unknowingly admit to fault. Your statements will be recorded and anything you say can be used against your claim.

That’s why it’s critical that you hire an attorney to handle your case. While some law firms charge upfront legal fees, Zbinden & Curtis, Attorneys At Law in Portland, OR do not. We operate on a contingency fee basis, which means you don’t pay unless we win your case.

Contingency fees explained

Contingency fees are designed to allow clients access to legal representation without having to pay any upfront costs. Our attorneys pay for the cost of launching an investigation, obtaining documents, and litigating your case.

In order to be reimbursed for our expenses and services, we take a percentage of your compensation while ensuring that all of your losses are recovered. Your recovery pays for medical expenses, lost wages, property damage, and non-economic damages such as pain and suffering.

Contingency fees only apply to expenses paid by your attorney, as well as the time and labor put into your case. You may still have to pay for other expenses not directly related to the services provided by your attorney. This often includes court fees and filing fees.

Do I have to pay for a case evaluation?

Our law firm offers free and confidential case evaluations. The purpose of your case evaluation is to determine if you have a solid claim. During this time, we’ll ask you about the details of your crash, the injuries you sustained, and the treatment you’re receiving from your doctor. A link between the at-fault driver’s negligence and your injuries must be established.

If we decide to take your case, it can take some time to resolve it. We’ll need to launch an in-depth investigation into the cause of your crash and tally up the total damages accrued.

Zbinden & Curtis, Attorneys At Law know how financially devastating the aftermath of a crash can be. You’re facing costly medical bills while you’re out of work and unable to collect a paycheck. That’s why we want to ensure that getting the right legal representation is affordable.

To get started on your claim, simply contact us online and our attorneys will get back to you promptly.

Sleep disorders may lead to drowsy driving accidents

Portland auto accident attorney

Many car accidents in Portland and throughout Oregon are caused by drowsy driving. When drivers don’t get enough sleep, their judgment is impacted and they have slower reaction times. As a result, they are at increased risk of causing an accident that leaves people seriously hurt.

Why are drivers so drowsy? There are many types of sleep disorders – often undiagnosed and untreated – that prevent people from getting enough sleep and interferes with their ability to properly function during the day.

Insomnia

There are different types of insomnia. People with sleep-onset insomnia have difficulty falling asleep. Those with sleep maintenance insomnia have difficulty staying asleep. Others have a mixture of both. Short-term insomnia lasts less than three months, while people who suffer symptoms at least three times a week for more than three months have chronic insomnia.

Sleep-Related Breathing Disorders

People with obstructive sleep apnea (OSA) have physiological factors that block the airway during sleep, causing them to wake up multiple times during the night. In people with central sleep apnea (CSA), they wake because the brain stops sending signal to muscles that regulate breathing. People with a sleep-related hyperventilation disorder have factors that interfere with ventilation, causing carbon dioxide levels in their blood to increase. Those with a sleep-related hypoxemia disorder have a condition that causes their blood oxygen levels to decrease.

Hypersomnolence Disorders

These disorders result in feelings of sleepiness and fatigue during the day. People with narcolepsy may involuntarily lapse into sleep during the day despite healthy sleeping schedules. Those with idiopathic hypersomnia also have these symptoms despite no known sleep disorders or preexisting conditions. Some people have a rare disorder called Kleine-Levin Syndrome, which leads to excessive sleep.

Sleep-Wake Disorders

People with sleep-wake phase disorder are unable to fall asleep and wake up at scheduled times. In irregular rhythm sleep-wake disorder, people have irregular episodes of sleeping and waking during the day. People with non-24 sleep-wake disorder have cycles of sleeping and waking that don’t follow a 24-hour schedule. People who work evening or nights may experience shift work sleep disorder. Others who pass through multiple time zones during a flight may experience jet lag.

Parasomnias

These are unusual behaviors that occur before sleep, during sleep or just before waking. They include confusional arousals in which people can’t completely wake up, sleepwalking, night terrors and sleep-related sexual abnormal behaviors.

Sleep-Related Movement Disorders

These involve abnormal movements during sleep that can result in sleepiness and fatigue during the day. These disorders include restless legs syndrome, periodic limb movements disorder and sleep-related bruxism (teeth grinding).

Having a sleep-related disorder does not excuse drowsy drivers when they cause an accident. They have a responsibility to realize they are in no condition to get behind the wheel. Drowsy drivers often don’t admit to a lack of sleep when they cause an accident, however. That’s why it’s important to get trusted legal advice.

If you were injured in a drowsy driving car accident in Portland or anywhere in Oregon, call the experienced attorneys at Zbinden & Curtis. We can review your legal options during a free consultation. Contact us today to learn more.

States with strict distracted driving laws have fewer teen crash fatalities

Portland auto accident attorney

Distracted driving is everywhere on Portland roads. With the advent of handheld technology, it has become a growing danger to the lives of everyone on the road. In fact, 2,841 traffic fatalities and about 400,000 injuries occurred throughout the United States during 2018 because of distracted driving.

Since teen drivers don’t have years of driving experience, they are the most at risk of being involved in serious and fatal crashes. In fact, the CDC reports that crashes are the leading cause of death among teenagers. According to the NHTSA, teen drivers are more likely than any other age group to use cellphones or text while driving.

Do distracted driving laws work?

Recently, a study was conducted by Michael R.  Flaherty from the Mass General Hospital for Children in Boston, Massachusetts. The study, which is titled Distracted Driving Laws and Motor Vehicle Crash Fatalities, was published in the Pediatrics journal in June of this year.

The study found that from 2007-2017, fewer fatal crashes involving teen drivers were reported in states that enforced strict distracted driving laws. In 2007, only 15 states had any kind of distracted driving law in place. That number grew to 47 by 2017.

Researchers first analyzed 38,215 crashes involving teens ages 16-19 during that 10-year period. The states that enacted primary distracted driving laws saw the largest decreases in the teen crash fatality rate. These states allow police officers to pull over drivers solely for texting and driving or using cellphones while driving.

The states that enacted secondary distracted driving laws saw only slight decreases in the teen crash fatality rate, but did better than states without any distracted driving laws. In these states, police are not allowed to pull over drivers for texting and driving or using cellphones. They can cite drivers for using cellphones only after pulling them over for other infractions.

Oregon is one of many states that has a handheld ban for all drivers (except school bus drivers) and enforces it as a primary law.

What should I do if I was injured in a distracted driving crash?

If you were injured in a crash involving a distracted driver, don’t hesitate to get an experienced Portland car accident attorney on your side who can help you get the justice you deserve.

The attorneys at Zbinden & Curtis can investigate your distracted driving crash by obtaining a police report, speaking to witnesses, obtaining any available surveillance or dash cam footage, or getting a subpoena for cellphone records.

We can also help you recover all economic and non-economic damages that you’re entitled to. To schedule your free case evaluation, simply fill out our contact form.

Marijuana is the leading substance found in drug tests administered to truck drivers

Portland truck accident attorney

Like a small handful of states, it is legal to possess marijuana for recreational use in Oregon. It’s illegal to drive while under the influence of marijuana, as well as alcohol and other recreational drugs. Commercial truck drivers are especially held to a high standard.

While many truck drivers generally behave responsibly, there are some that bend the rules. If they don’t get caught by police or face disciplinary action from the companies that employ them, they could put countless lives in danger.

Operating a large commercial truck isn’t the same as driving a car. It takes far more skill, attentiveness, judgment and control, all of which can be impaired by marijuana.

How many truckers smoke pot?

The Federal Motor Carrier Safety Administration (FMCSA) recently released a report that found that marijuana was the most common substance found in drug tests administered to truck drivers.

The test results reported in the Drug and Alcohol Clearinghouse were from drug tests administered to truck drivers from September 2019 to May 2020. The report also provides the names of truck drivers who have failed drug tests in real time.

During that testing period, 19,849 truck drivers tested positive for at least one substance. In total, 21,156 substances were identified in the tests, meaning that some drivers tested positive for more than one substance.

Marijuana was the most common substance found in the tests, amounting to 10,388 drivers who tested positive for it. The second most common substance found was cocaine (3,192 positive) and the third was methamphetamine (2,184 positive).

The legalization of marijuana and the widespread use of CBD products makes it more likely that truck drivers will test positive, according to the U.S. Department of Transportation. That’s because many CBD products contain THC, the psychoactive component to marijuana.

Contact our Portland law firm if you were hurt in a truck crash

There is no excuse for operating a large truck while under the influence of marijuana or any other substance that causes impairment. When truck drivers break the law and endanger others they can be held accountable.

Truck accident claims aren’t easy to pursue, however. Trucking companies may go to great lengths to cover up any wrongdoing on part of their drivers. In addition, the insurance companies that represent them will use every trick in the book to avoid losing money, including offering a small settlement that only pays a fraction of your losses.

If you or a loved one was hurt in a truck crash, get an experienced Portland attorney on your side who knows how to take on the trucking companies and their insurers. Zbinden & Curtis, Attorneys at Law will fight to help you and your family get compensated for every penny owed to you.

To learn how, contact us online. We offer free case evaluations.

 

Safety advocates offer tips on safe driving as Oregon loosens COVID-19 restrictions

Portland auto accident attorney

Most of Oregon will be entering Phase II of Governor Kate Brown’s reopening plan. Portland and the rest of Multnomah County are about to enter Phase I, according to the East Oregonian. For the counties entering Phase II, the following businesses and activities have resumed under social distancing and public health guidelines:

  • Recreational sports
  • Movie theaters, bowling alleys and arcades
  • Public pools
  • Churches and social gatherings
  • Bars and restaurants will be allowed to stay open until midnight
  • Additional in-office work

As we discussed in April, COVID-19 has led to an increase in speeding on Oregon roads. As Oregon starts to transition back to normal, the Governors Highway Safety Association (GHSA) warns that driving conditions could be dangerous. The primary reasons for this are:

  • An increase in traffic congestion: As businesses open and activities start to resume, people will travel more often. Traffic congestion could be even greater than it was prior to COVID-19. That’s because more people will be using their own cars to get around and avoid using public transit or Uber. This can be problematic, as some drivers who have developed the habit of speeding start to mix with others on the road.
  • Drunk driving could increase: As bars and restaurants start to reopen, people who have been pent up in their homes for months will want to get out and consume alcohol. This could lead an increase in drunk driving. With 4th of July coming within weeks, we could see a sharp increase.

Staying safe on the road

Many people who haven’t driven while in quarantine need to brush up their driving skills. Moreover, collisions can be avoided by merely being alert, aware, sober and traveling at a reasonable pace.

Those who haven’t driven for essential purposes such as work, getting groceries, or attending medical appointments, should brush up on their driving skills as we transition back to normal. In addition, it’s important to use caution and defensive driving skills on the road.

Should you or a loved one be injured in a crash caused by someone else’s negligence, it’s important to speak to an experienced Portland car accident attorney who can help you build a strong legal claim and get the compensation you need.

To get started, contact Zbinden & Curtis, Attorneys At Law, and schedule your free and confidential case evaluation. You can also call our Portland office at 503-287-5000.

Safety tips for bicyclists during COVID-19

Portland bicycle accident attorney

The COVID-19 pandemic has wreaked havoc on the health and financial well-being of Portland residents. We are all currently unsure if what we once considered normal will ever return.

One thing that has come out of this pandemic is a rise in bicyclists. According to Bloomberg, more Americans are purchasing bicycles now than ever. This rise in bicycle sales may be happening for these reasons:

  • People are turning to cycling while gyms and fitness clubs are closed.
  • Children are out of school until September and will likely not partake in extracurricular activities any time soon.
  • Commuters may want to avoid crowded buses and train stations.

Safety first

While it’s great to see more people getting around by bicycle, it’s important that safety precautions are taken when sharing the road with cars and trucks.

AAA has offered some tips on how bicyclists can avoid being injured. These include:

  • The basic safety precautions: Bicyclists are vulnerable on the road. Unlike motorists, they are not protected by seatbelts and airbags. Moreover, drivers don’t always see or acknowledge bicyclists. These safety precautions can significantly reduce your chances of being involved in a crash:
    • Be aware of your surroundings
    • Make yourself visible by wearing bright clothing (wear reflective devices at night)
    • Stay in a single file with other bicyclists
    • Never ride against traffic. Stay on the right side of the road and ride in the direction of traffic.
    • Avoid areas with heavy traffic unless you have a protected bike lane.
  • The use of hand signals: Hand signals work the same way as turn signals in cars. They tell other road users which direction you intend to travel. The NHTSA offers some information on how hand signals work for bicyclists:
    • Turning left: Extend your left arm and hand out.
    • Turning right: Either bend your left arm into an L shape or extend your right arm and hand out.
    • Slowing down or stopping: Bend or your left or right arm in an L shape with your hand pointing downward.
  • Awareness of roadway hazards: Be sure to watch out for potholes, large cracks, debris in the road, downed tree branches, large puddles, slick surfaces, and uneven surfaces.

What if I get in a bicycle crash?

A bicycle crash can happen in an instant and can result in serious injuries including broken bones, traumatic brain injury, as well as cuts, bruises, and contusions. If the reckless actions of a driver caused your injuries, it’s critical that you get compensated for medical expenses, lost wages, and other damages.

Don’t count on the driver’s insurance company to pay you in full, however. In order to ensure that an accurate value is placed on your claim, you need an experienced Portland bicycle crash attorney on your side.

Zbinden & Curtis, Attorneys At Law can negotiate with the insurance companies to do the right thing and compensate you to the fullest extent. To schedule your free case evaluation, contact us online or call our Portland office at (503) 287-5000.

With less drivers on Oregon roads during stay-at-home, police pull over more people speeding

Portland auto accident attorney

In March, Oregon Governor Kate Brown issued a statewide stay-at-home order (Executive Order 20-12) to help prevent the spread of the novel coronavirus (COVID-19). As a result, several businesses, state parks, and other places where people congregate were required to close their doors.

The stay-at-home order doesn’t necessarily mean all residents must stay home. Some people still go to the grocery store to get food and go to work. We may not see the congested roadways we once saw throughout Portland, but the lack of traffic congestion may present its own risk, according to a KATU 2 story.

Speeding becomes a growing danger on empty Oregon roads

More speeders have been spotted by law enforcement. According to the Marion County Sheriff’s Office, some drivers were traveling at speeds of 100 mph or more. One speed-related crash resulted in a serious injury that required one person to be airlifted to a nearby hospital.

“Naturally, congestion tends to actually slow traffic down for us. And with the roads being so open I think it’s easy for people to lose the focus they have on the road and move a little bit quicker,” said Sgt. Jeremy Landers.

While police are issuing fewer tickets, most of the citations they are issuing are speed-related. Landers explains how the increase in speeding can potentially tie up the hospitals for COVID-19 patients.

“With increased speed comes the increased risk of injury and that can result in putting more burden on our strained hospitals systems, and divert attention that our medical workers have on other issues right now,” he said.

Why is speeding so dangerous?

Some drivers get over-confident. They think that just because the road is wide open that they can violate the speed limit without any consequences.

Those who drive too fast are rarely ever prepared for potential crash risks. A speeding driver could hit a driver obeying the speed limit or exiting a shoulder on a major highway. That’s because speeding results in:

  • Loss of vehicle control
  • Less time and distance to stop
  • Increased damage capability in the crash

According to the NHTSA, more than 9,000 people were killed in speed-related crashes across the United States in 2018. Approximately 110 speed-related fatalities happened in Oregon.

How can a lawyer help me if I was injured in an accident?

If you were involved in a crash with a driver who was speeding, you have the right to pursue compensation for any medical expenses, wage loss, pain, suffering or other damages accrued.

It’s critical that you consult with an experienced Portland car accident attorney who can help you weigh your legal options. Zbinden & Curtis, Attorneys at Law has built a solid reputation for successfully advocating on behalf of crash victims and their families. Contact us online or call our Portland office at (503) 287-5000 to get started. Our case evaluations are confidential and free of charge.

How often do cars crash into buildings and injure or kill pedestrians? More than you think.

Portland auto accident attorney

The possibility of being hit by a car while inside a building rarely crosses anyone’s mind. We tend to think that pedestrian accidents can only occur while walking down the street, using a crosswalk, or while crossing at an intersection.

Crash data compiled by the Storefront Safety Council (SSC) shows that an average of 60 cars crash into buildings each day across the United States. These types of crashes may cause up to 500 fatalities and 4,000 injuries each year.

Here are some local incidents recently reported:

  • In February, the driver of a pickup truck crashed into a Little Ceasar’s pizza restaurant in Portland, according to The Oregonian. The crash resulted in traffic being halted and a gas line being shut down due to a gas leak. The driver sustained non-life-threatening injuries and was treated at a nearby hospital. No other injuries were reported. Officials were unsure what caused the crash.
  • Only days before the pickup truck crash, a Tesla car malfunctioned and crashed into a building in Woodland, according to KOIN. The driver sustained minor injuries, but no other injuries were reported.
  • In early March, a driver crashed into a Red Robin restaurant in Clackamas, according to KOIN. The driver reportedly hit the gas instead of the brakes. One family was seated near the window where the crash occurred. They barely escaped being struck. Several customers were hit by debris and sustained minor injuries. Nobody was taken to the hospital, however.

Cars into buildings crash causes

According to the SSC, driver error is the number one cause of crashes involving cars and buildings, accounting for roughly 22 percent of all incidents. This often includes distracted driving, speeding, aggressive driving, and drowsy driving.

Pedal errors account for 19 percent of all incidents (as what happened at the Red Robin in Clackamas). This happens when a driver mistakes the gas pedal for the brakes.

Other common causes include drunk or drugged driving (16 percent of all incidents), traffic collisions (10 percent), medical events (9 percent), ramraid burglaries (6 percent). Other causes not mentioned by the SSC could include slippery road conditions and car defects (such as brake failure, wheel detachment, and steering wheel issues).

Which buildings are most at risk?

About 35 percent of all crashes into buildings involve retail stores, according to the SSC. In addition:

  • 28% occur in restaurants
  • 16% occur in commercial buildings
  • 13% occur in offices
  • 8% occur in convenience stores

Many of these buildings aren’t protected by barriers and bollards. In addition, drivers are able to park directly in front of areas where windows and doors are located. This increases the risk of a car-building crash due to a pedal error.

If you or a loved one sustained injuries while inside of a building, the Portland pedestrian accident attorneys at Zbinden & Curtis, Attorneys at Law can help you pursue justice. We know that pedestrians are the most vulnerable road users, even when inside of buildings. Our legal team can help you recover all damages owed to you, including medical expenses and lost wages.

Contact us online to schedule your free case evaluation.