Personal Injury Blog

Uninsured Motorist Coverage

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You may be covered, even if you didn't pay for it.

Uninsured motorist coverage can come in very handy. The coverage is used in situations where the driver who caused an accident is operating a vehicle without insurance.

Despite mandatory insurance laws in both Oregon and Washington, the state regulatory agencies estimate that close to one fourth of all drivers on the road don't carry insurance. If they violate traffic safety laws and cause damage to your car or physical injury, despite the legal obligation to pay, all you may get is an apology.

True, an officer may issue a citation for driving without insurance and the charge may result in their license being suspended. However, many of these drivers will take to the road anyway, either caring less about the law and their legal responsibilities or having no choice but to do so in order to stay employed.

Many people just don’t have the money to buy insurance, particularly in a down economy. And with our mobile society and the limited public transportation options available, many people have to make difficult choices when it comes to getting around. Which is why it is so important to carry adequate limits of uninsured motorist coverage.

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New Boating Laws Serve as Safety Reminder

New Boating Laws Serve as Safety Reminder
Last year, two brothers in Georgia tragically lost their lives when their boat was hit by another piloted by a suspected drunk boater. That tragedy has led to new state legislation, where Georgia boaters can be arrested for boating under the influence of alcohol (BUI) if their blood alcohol content is over .08. It was previously .10.
Other changes include a new law that requires people born in 1998 or after to take a boater education course before they can operate a water vessel. Children under 13 will also have to wear a life vest when in moving boats, though you would hope responsible parents would be already doing so.
So, what are the comparable laws here in the Northwest? As you’ll see, they are generally already where the new Georgia laws bring that state:
- Oregon boating law already dictates that a blood alcohol level of .08 or higher is considered boating under the influence. Washington state law has the same restriction.
- The life jacket law in Oregon mandates all children 12 and under must wear a flotation device in a moving boat. In Washington, it’s also required for children 12 and under on a vessel under 19 feet long.
- Since 2009, all recreational boaters in Oregon must take an approved boater education course or equivalency exam to operate boat with 10 horsepower or greater. When passed, an application is given that must be submitted to get a boater card. The same holds true in Washington, except for boats that are 15 horsepower or greater.
The Georgia boating legislation was passed as a reaction to a tragedy. Don’t wait for tragedy to strike before following your state’s boating laws or recommended safety precautionsboat laws
boat- aws.

boat lawsLast year, two brothers in Georgia tragically lost their lives when their boat was hit by another piloted by a suspected drunk boater. That tragedy has led to new state legislation, where Georgia boaters can be arrested for boating under the influence of alcohol (BUI) if their blood alcohol content is over .08. It was previously .10.

Other changes include a new law that requires people born in 1998 or after to take a boater education course before they can operate a water vessel. Children under 13 will also have to wear a life vest when in moving boats, though you would hope responsible parents would be already doing so.

So, what are the comparable laws here in the Northwest? As you’ll see, they are generally already where the new Georgia laws bring that state:

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How To Handle Your Child’s Emotional Injuries After a Dog Attack

How To Handle Your Child’s Emotional Injuries After a Dog Attack
Every year, about a million people in the U.S. are bitten by dogs, with over 600,000 incidents involving children. While our first concern is to care for the physical injuries that may occur, there is an emotional toll to pay as well.
Immediately following a dog bite, children may exhibit symptoms of emotional trauma, including heightened anxiety, fear and depression. It’s not uncommon for children to develop posttraumatic stress after being bitten. Given time, most children are able to heal, both physically and psychologically. But parents need to be proactive and take steps to help their children heal in a timely manner.
It’s very important to reassure your child that they have no blame in what took place. Avoid using language that sounds accusatory, such as "You should have..." and "I told you..." This may happen strictly due to the anxiety you feel at the moment, but be mindful that this may sound like you are blaming them, which will only cause additional trauma.
Usually, when a child is bitten, it’s during one of two circumstances. The animal was your pet or someone you know. It never showed any signs of aggression until the incident. Alternatively, your child may have come upon a stray animal. In either case, it’s important to understand that your child may not have been aware of the potential for danger.
Often, when a child is a dog bite victim, they may not want to speak about it. They may not want to elaborate on the attack, simply to avoid reliving the incident. Children tend to avoid speaking about things that frighten them. Even so, it’s important to provide them the opportunity to discuss the incident and share their feelings. By allowing your child to talk about their feelings, they are able to heal more quickly and deal with any residual emotions from the incident.
When a child is bitten by a dog, there is often a feeling of uncertainty that takes hold. This uncertainty stems from an inability to predict when or if they may be bitten again. Educate yourself on dog safety and teach your child how to handle themselves around dogs. This will reassure them and regain their sense of empowerment after experiencing such a traumatic event.

child dog biteEvery year, about a million people in the U.S. are bitten by dogs, with over 600,000 incidents involving children. While our first concern is to care for the physical injuries that may occur, there is an emotional toll to pay as well.

Immediately following a dog bite, children may exhibit symptoms of emotional trauma, including heightened anxiety, fear and depression. It’s not uncommon for children to develop posttraumatic stress after being bitten. Given time, most children are able to heal, both physically and psychologically. But parents need to be proactive and take steps to help their children heal in a timely manner.

It’s very important to reassure your child that they have no blame in what took place. Avoid using language that sounds accusatory, such as "You should have..." and "I told you..." This may happen strictly due to the anxiety you feel at the moment, but be mindful that this may sound like you are blaming them, which will only cause additional trauma.

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Challenges of Trucking Accidents and Insurance

commercial truck

The economy seems to be growing again. People are starting to purchase more. Discretionary spending is up. That's a good thing, right?

Well yes, but a better economy does mean more commerce. And more commerce means more goods being delivered to retail outlets for waiting consumers. More deliveries means more trucks on the highway. The same highways we all use for work and pleasure trips.

More trucks on the highways can mean more vehicle collisions involving large trucks. The unfortunate consequence of more trucking collisions is that injuries are generally much more severe when a large vehicle is involved. Particularly when it collides with a small vehicle.  

So if you find yourself on the wrong end of one of these collisions while operating your passenger vehicle, you may become part of a growing statistic, people injured in truck collisions. And the injuries can be severe and have life long consequences.

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Will New Oregon Law Lead to More ATV Injuries for Kids?

Will New Oregon Law Lead to More ATV Injuries for Kids?
Last month, the Oregon Senate passed legislation that allows children of any age to ride off-road motorcycles on public land. On March 12, Senate Bill 238 passed 22-7, with bipartisan support (12 Republicans and 10 Democrats).
The main requirement will be that they meet “rider fit” guidelines from the State Parks and Recreation Department. This includes minimum leg length, brake and grip reach. If it passes through the House, a child under 16 still has to be accompanied by someone 18 or older with a valid all-terrain vehicle operator permit.
This is a classic “slippery slope” debate.
Where do sensible protective actions end and overreaching nanny state laws begin? People in favor of the measure don’t want government making what they feel are decisions best left to parents. But would those same people think they have a right to let their seven-year-old child take a motorcycle down I-5 with their 18-year-old brother on the back?
The point is, there’s room for sensible debate rather than labeling every law aimed at preventing injury as overreaching. Parents absolutely have the right to make their own parenting decisions, but at what point can it be called reckless endangerment?
Then there’s a potential complication arising from an omission in the law. It only stipulates the age of the person supervising a child under seven. What if a parent was unaware that someone else took their child out for some fun?
What matters most is child welfare and when adults make unreasonably dangerous decisions on their behalf, sometimes laws need to be enacted.
In 2011, 57 children under 16 years old died and an estimated 29,000 were seriously injured and sent to an emergency room because of ATVs.
What it all boils down to is this: are children physically and mentally capable of driving ATVs safely and responsibly?
Supporters of the bill are happy because it improves safety with minimum size requirements. But what about the mental requirements not yet met at such an early age?
Last year the American Academy of Pediatrics issued a statement saying that "Simply put, ATVs are dangerous to children" and that they are not "developmentally capable of operating these heavy, complex machines."
According to data from the U.S. Product Safety Commission, ATV-related deaths for kids under 16 have seen a pretty dramatic decrease in recent years. Deaths peaked from 2003 to 2005 with 153, 182, 162. The last three years recorded (2009-2011) have decreased consecutively: 94, 82, 57. That said, do we need to tempt fate by encouraging really young kids who are not ready to handle deadly machinery?

offroad motorcycle injuryLast month, the Oregon Senate passed legislation that allows children of any age to ride off-road motorcycles on public land. On March 12, Senate Bill 238 passed 22-7, with bipartisan support (12 Republicans and 10 Democrats). 

The main requirement will be that they meet “rider fit” guidelines from the State Parks and Recreation Department. This includes minimum leg length, brake and grip reach. If it passes through the House, a child under 16 still has to be accompanied by someone 18 or older with a valid all-terrain vehicle operator permit.

This is a classic “slippery slope” debate. 

Where do sensible protective actions end and overreaching nanny state laws begin? People in favor of the measure don’t want government making what they feel are decisions best left to parents. But would those same people think they have a right to let their seven-year-old child take a motorcycle down I-5 with their 18-year-old brother on the back?

Read more...

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