Oregon Personal Injury Legal Blog

What should I wear when riding a motorcycle?

On behalf of Swanson Lathen Prestwich, PC posted in motorcycle accidents on Sunday, July 7, 2019.

Riding a motorcycle is certainly fun, but it's not without its risks. Unfortunately, other motorists often overlook the presence of motorcyclists on the road, with sometimes devastating results. While you can't always prevent an accident from happening, you can take the proper steps to protect yourself. Accordingly, AARP recommends wearing the following items every time you ride.

Regardless of the laws where you live, helmets are lifesavers when riding a motorcycle. Make sure the helmet you choose is Department of Transportation-approved and offers allover coverage. This is especially important when it comes to the eye area, which is why many helmets have face shields. If you opt for an open-faced helmet, pick up a pair of goggles with shatter resistant lenses. Make sure you also have a pair with UV protection for daytime riding.

Exploring the silent epidemic of elder abuse

On behalf of Swanson Lathen Prestwich, PC posted in nursing home neglect and abuse on Saturday, June 15, 2019.

While many people in Oregon do acknowledge that elder abuse does happen, what most do not realize are just how extreme of a problem it is. Contrary to what some may think, elder abuse is not a problem exclusive to public care facilities. It can also happen at home by a person's own family member or trusted caretaker. Because the elderly are already vulnerable and often not able to effectively communicate their needs, elder abuse often goes unnoticed until it is too late.

A study that was conducted on nearly 37,000 emergency room claims across the nation where 35,000 Medicare recipients had been treated for various reasons. A follow-up report showed that a shocking 31,000 Medicare claims had shown some type of abuse that was actively supported by medical records. This startling statistic demonstrates just how serious elder abuse is in both home and public health care settings in the United States.

Understanding negligent entrustment

On behalf of Swanson Lathen Prestwich, PC posted in car accidents on Monday, June 10, 2019.

Every time you take to Salem's roads and highways in your personal vehicle, there is a chance that you could be involved in an accident. Knowing this, you may tend to be somewhat understanding towards those that cause an accident that you are involved in. Yet if and when it is discovered that the driver that hit you was in another's vehicle, the issue of who should be liable comes into play. When legal action is required, that scenario can become even murkier. Many have come to us here at Swanson Lathen Prestwich PC in this situation wondering what sort of legal recourse might be available to them. If you share the same concern, you will be happy to know that assigning vicarious liability for your accident is indeed possible.

This is due to the legal principle of negligent entrustment. Simply put, if a vehicle owner loans their car to one who has proven themselves to be an unsafe or irresponsible driver, they can be held liable for whatever accidents the driver causes. Oregon state law does indeed recognize the validity of negligent entrustment, but only in certain situations.

Safety is a top priority when going for a bike ride

On behalf of Swanson Lathen Prestwich, PC on Thursday, June 6, 2019.

Is riding a bicycle a passion of yours or have you recently gotten back into the activity as a form of exercise? Maybe you believe that cycling could help reduce the negative impacts your driving could have on the environment, even if just in a small way. Whatever the reason, you find yourself on your bicycle more now than ever.

Though cycling can certainly be a pleasant activity, it is one that presents dangers. You could easily suffer injuries in a bicycle accident, and if that accident involves a vehicle, the likelihood of you suffering serious injuries increases substantially. As a result, you want to do your part to stay as safe as possible while cycling.

Father sues football helmet maker for son’s wrongful death

On behalf of Swanson Lathen Prestwich, PC posted in brain injuries on Monday, May 20, 2019.

Most of us take reasonable precautions to protect ourselves from injuries large and small. But some of the most serious injuries – traumatic brain injuries – occur as the result of activities people willingly participate in, like contact sports.

The question is: are young players who participate in contact sports given an accurate picture of the risks they face? Are their parents adequately informed of the dangers of the game? Are sports equipment manufacturers being honest about the benefits and limits of their safety equipment? These questions are at the heart of many lawsuits, including a wrongful death lawsuit recently filed by a grieving father.

Are Oregon's distracted driving laws making the roads safer?

On behalf of Swanson Lathen Prestwich, PC on Monday, May 6, 2019.

As an Oregon driver, you may have noticed that distracted driving is a serious concern. When you drive to work, to the store, to your friend's house or even just down the street, you could be sharing the road with a distracted driver. Distraction in any form is extremely dangerous and significantly increases the chance for an accident.

Oregon first passed strict distracted driving laws in 2017 and later updated them in 2018. It is illegal in the state to hold an electronic device while operating a vehicle. Drivers who violate these laws are subject to fines and other consequences. These laws are responsible to the growing number or collisions caused by drivers who were texting, talking on the phone or engaging in another type of distracted driving. Despite the laws in place, it is still a problem.