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Full Physical and Monetary Recoveries for Injured Eugene Truck Driver
Our client in this automobile accident, which occurred last winter, was a Eugene, Oregon pickup truck driver. She was traveling north on a main road in Eugene when the collision occurred. As she entered an intersection, another driver failed to yield the right of way and pulled into our client’s traffic lane in front of her, causing our client to strike that driver’s vehicle at a ninety degree angle in a “T-bone” accident. Our client’s truck was totaled in the accident and she was seriously injured.
Our client was seen at Urgent Care following the accident, where she was diagnosed with a low back sprain/strain with possible torn muscles. Due to the severe pain and discomfort that she was experiencing, she was seen at the emergency room the following day. Additional tests were conducted during that visit and our client was advised to receive chiropractic care and massage therapy treatments for the next four months, which she did.
Although our client did not sustain any wage loss in this accident, she incurred significant medical bills that she did not know how to pay. For this reason, and because she was unsure how to proceed with a claim against the at-fault driver, she contacted and retained the well-known Oregon car accident lawyers at Dwyer Williams Cherkoss Accident Injury Attorneys to represent her.
Our firm’s Eugene-based personal injury attorney and partner, Richard, managed this case. He was able to establish a Personal Injury Protection claim with our client’s insurance company, which got all of her medical bills paid at once. As soon as our client’s treatment was complete, Richard collected all of her medical records and bills and sent a demand package to the adverse insurance company.
Within a short amount of time, Richard and his experienced Eugene, Oregon auto accident law firm staff were able to obtain a fair and reasonable settlement with the at-fault driver’s insurance company that fairly compensated our client for the pain, suffering, and disruption to her life caused by their irresponsible driver. Our client was happy with the fallout from her Eugene auto accident and with her decision to work with Dwyer Williams Cherkoss PC.
Pedestrain Injured in Oregon Hit and Run Accident Gets Settlement
Our client in this case was injured while walking south on the shoulder of South Main Street in Myrtle Creek, Oregon. The defendant was driving southward in his pickup truck when, as witnesses observed and testified, he swerved to the right over the fog line and hit our client.
Our client was sent “flying through the air” then the defendant moved back onto the roadway where he “accelerated, and took off traveling south on South Main Street.” Three days after the accident occurred, the defendant contacted the Myrtle Creek Police stating that he had read about the accident and thought he might have been involved. Following the police interview, he was arrested and cited for the Class B Felony of failure to perform a driver’s duties to injured persons.
Our client was transported by ambulance from the accident site to a local hospital. He was admitted to intensive care with the following injuries: splenic laceration, right renal injuries, multiple left rib fractures, multiple lumbar transverse process fractures, multiple contusions/abrasions, and a left fibula fracture. He was discharged five days later.
Two months after being released from the hospital, our client began to experience headaches. He was also experiencing continued pain in his middle to lower back. He sought treatment at the emergency room in Eugene, Oregon, where he was diagnosed with high blood pressure. Because our client was on the road for work at the time, his treating physician instructed him to seek follow-up medical attention in the next town he hit.
Approximately one month later he was seen at a medical clinic in Salem, Oregon, where he was again diagnosed with high blood pressure. He was prescribed Clonidine, Tramadol, and buffered aspirin and was provided with a blood pressure kit for self-monitoring his blood pressure. Our client was then scheduled for a renal ultrasound and referred to a cardiologist for consultation. His medical bills for all of this accident-related injury treatment were through the roof.
Because our client was unsure who was to pay his medical bills, and was unsure how to proceed with a claim against the at fault driver, he contacted the experienced Oregon auto accident injury lawyers at Dwyer Williams Cherkoss Accident Injury Lawyers to represent him.
We were able to establish a PIP claim with the at fault driver’s insurance company and get all of our client’s medical bills paid. This was his main worry and he was thrilled when it was put to rest. Once our client’s treatment was complete, we obtained all of his medical records and bills and sent a demand package to the adverse insurance company. We were able to guide our client through his treatment and to obtain a fair and reasonable settlement with the at fault driver’s insurance company. Our client was fairly compensated for the pain, suffering, and disruption to his life that their irresponsible insured driver has caused.
Settlement for Oregon Passenger Injured in Out-of-State Accident
Our client in this auto accident injury case was hurt while on vacation on the East Coast. She was traveling on the interstate, riding as the passenger in a rental car being driven by her husband, when another driver tried to enter her the lane occupied by our client’s rental car. Unfortunately, there was not enough room for this driver to enter the lane and he hit our client’s car, injuring her.
Our client didn’t know how to approach this accident since it took place outside of her home state. After an initial post-accident emergency room visit in the state where the accident had occurred, our client and her husband waited until they were home several months later to follow up with their primary care physician. After treating for their accident-related injuries, they contacted the Oregon auto accident injury attorneys at Dwyer Williams Cherkoss to discuss their case.
We explained that generally (as in this case), even when you’re away from home, your auto insurance still covers you in the event of an auto accident. Generally, auto policies limit coverage to areas within the United States. This made our job easy: once we had been retained to represent her, we treated the accident as if it had occurred in Oregon. We contacted the at-fault driver’s insurance company and began negotiating with them immediately. We were quickly able to resolve the matter and to obtain a fair settlement for our client and her husband.
Driver Recovers for Injuries Sustained in Low-Speed Accident
A client in Southern Oregon was recently injured in a car crash when she had stopped her car at a traffic signal and was waiting for the light to change. Another motorist failed to stop and rear-ended our client’s car. Although some property damage was done to our client’s car, it was minimal. For this reason, the insurance adjuster claimed that he couldn’t understand how our client could have sustained her injuries in this supposed low-impact collision.
Our client called an attorney right away. She knew that she needed a knowledgeable and tough Oregon auto accident injury lawyer on her side. As soon as our client had completed treatment for her accident-related injuries, we ordered her complete medical records and were able to definitively prove to the adjuster that, although our client had some underlying degenerative changes, she was healthy at the time of the accident.
This claim was quickly resolved through negotiations and it settled for a fair amount that our client was happy with. Low impact collisions, while perhaps more difficult to prove on paper as being responsible for accident-related injuries, nevertheless have the potential to injure Oregon drivers and passengers.
We Are Experienced Oregon Semi-Truck Accident Lawyers
Our law firm specializes in semi-truck accidents and the catastrophic injuries that they frequently cause. This is the first blog post in a series about semi-truck accidents in Oregon. Check back next week to learn more about trucking the nature and cause of trucking accidents.
Semi-trucks are unquestionably the most dangerous motor vehicles that occupy space on Oregon’s highways. The aftermath of an Oregon trucking accident almost inevitably involves excruciating pain, weeks or months of grueling physical therapy, astronomical medical expenses, and permanent changes in accident victims’ ability to enjoy life’s simple pleasures. Many semi-truck accident victims are also never able to work again.
Our dedicated legal team will meticulously investigate the circumstances surrounding your accident, engage in hard-nosed negotiation with any insurance companies, and passionately and zealously advocate your best interest in court. We see our job as Oregon semi-truck accident attorneys to be easing your recovery and helping you obtain the financial compensation that you need to rebuild your life and move past this tragic accident.
Client With Preexisting Back Injury Recovers Auto Accident Settlement
Our client in this matter was a passenger in a car being driven by her husband. Their car was stopped at a traffic signal, five cars back from the light. When the light turned green, our client’s husband began to move forward with traffic. As he looked in his rear-view mirror, however, he saw another motorist approaching at a very high rate of speed. That motorist rear-ended our client’s vehicle.
Prior to this accident, our client suffered from age-related degeneration in her spine. She was receiving treatment for this degeneration when the accident occurred. We knew that we would need to provide documentation of her back condition because, often and in this case, insurance companies will attempt to blame preexisting conditions for accident victims’ injuries rather than accepting responsibility on behalf of their insureds.
In addition to ordering our client’s accident-related medical records, we ordered prior records in order to determine exactly what condition her spine was in leading up to this traumatic collision. It was very clear based on those records that the accident exacerbated our client’s preexisting back condition.
We provided the at-fault driver’s insurance company with our client’s complete medical records and, after several rounds of negotiation, the case settled for the amount we had previously determined to be the top value for our client’s case. Our client and her husband were happy with the results.
Dog Bites Represent One Third of Homeowner Insurance Payout Costs
In honor of national dog bite prevention week, recently published data from State Farm Insurance’s Insurance Information Institute reveals that dog bites continue to represent one-third of the payout dollars for homeowner liability claims. Homeowners’ liability insurance covers you if your dog bites someone visiting your home or if it bites someone when you take it out for a walk. Insurers paid more than $489 million for such claims last year.
Homeowners’ insurance generally covers dog liability as part of the policy’s standard coverage, with limits of up to $100,000 or $300,000. State Farm paid more than $136 million to cover nearly 4,500 dog bite claims last year. The company said it did not refuse insurance based on the dog’s breed, but it urged owners to be responsible with their pets.
According to the Insurance Information Institute, most insurers don’t ask about dogs when initially writing a homeowner’s policy even though some of them exclude certain breeds of dogs from coverage. Once a dog bite has occurred, however, insurance companies can and do increase your premium.
If you or someone who you love has been injured in an Oregon dog attack and you don’t know what to do next, call the experienced dog attack lawyers at Dwyer Williams Cherkoss PC today for a free consultation at 541-617-0555.
How Can You Get an Oregon Auto Accident Injury Settlement?
In the video below, our founder and senior partner Roy Dwyer answers a common question posed by many new clients: how can you get a settlement in your Oregon auto accident injury claim?
As Roy explains, the first thing you have to be able to prove is fault. You must demonstrate that the person who injured you is liable. In other words, if you cannot prove that they have done something wrong, then there is no way that you can recover any damages.
If you have been injured in an accident in the state of Oregon, call an experienced personal injury attorney right away. Call us for a free consultation at 541-617-0555 or visit our website for more information.
To view additional informative videos about personal injury law in the state of Oregon, visit Dwyer Williams Cherkoss PC’s You Tube channel.
Insurer Settles with Oregon Woman Injured in Slip and Fall Accident
Dwyer Williams Cherkoss Personal Injury Attorneys just settled a premises liability case on behalf of a young woman who was injured in a slip and fall accident several months ago. The details of this case are as follows.
Our Oregonian client was taking an early morning walk on her way to meet a friend for coffee when she suddenly tripped and fell into an unmarked, gaping hole in the sidewalk. As she would later learn, on the previous day a car had driven into a pole at that very location, knocking it over and leaving a sizable hole in the sidewalk.
The local power company failed to finish repairing the downed power line and it left the site unmarked and openly dangerous to pedestrians. Before consulting her lawyer, our client made an official statement to the power company’s claims representative describing the accident. Shortly thereafter, she completed treatment for her accident-related injuries and retained the compassionate Oregon slip and fall attorneys at Dwyer Williams Cherkoss PC to help her recover in this Oregon slip and fall case.
Once we had reviewed our client’s claim, we began negotiating with the power company’s insurance company. The claims adjuster attempted to escape responsibility for our client’s extensive injuries by using her prior statement. After several rounds of negotiation, our experienced Oregon premises liability attorneys convinced the power company that it was largely responsible for failing to make the accident site safe for pedestrians walking along the street. At the end of the day, our client’s claim settled for a generous amount that she was happy with and that covered her accident-related medical expenses.
How to Bring a Ski Resort Accident Claim
Regardless of who is legally responsible for causing your ski or snowboard accident injury, if you have been injured at a ski resort then you must notify the ski area operator of the injury by registered or certified mail within 180 days of discovering your injury. Failure to notify the ski resort within a time designated by Oregon law bars a claim for injury or wrongful death. However, there are a few exceptions to this rule:
- If a ski operator had knowledge of the injury or death within 180 days of its occurrence, then failure of the injured party to provide notice will not bar the claim;
- If there is good cause for the failure to give notice, then the claim will not be barred; and
- If the ski resort operator failed to inform the skier or snowboarder of these notice procedures, then the claim will not be barred if it is submitted after 180 days.
After proper notice has been given to the ski area operator where the injury occurred, Oregon law requires that the injured party or his/her representative either settles the claim or files a lawsuit within two years of the date of injury. As with all personal injury claims in the state of Oregon, there is a two-year statute of limitations on these types of cases: if you snooze, then you lose your ability to recover damages for your ski or snowboard injury.
There are several exceptions to this general statute of limitations rule. First, claims brought on behalf of minor children and mentally disabled individuals have a longer statute of limitations because these classes of individuals are protected. Second, if someone injured in a ski resort accident dies before two years have elapsed after the time of their injury, then an action may be commenced by that injured party’s representative within one year of that person’s death.
Oregon case law provides examples of scenarios that do not fit within skiing’s “inherent risk” as defined by Oregon’s Legislature as well as other examples that fit squarely within the definition. For example, assume you are riding a ski lift when it breaks, sending you crashing to the ground. You are severely injured in this accident and later you learn that the ski lift had not been regularly maintained in the months preceding your accident. The ski area operator in this scenario is negligent and you have a good claim: falling off of an unmaintained lift is not an inherent risk of skiing even if riding a lift is.
The bottom line in ski resort accident and personal injury cases is that they are fact-specific and that it is difficult to prove a third party’s fault since skiers and snowboarders assume certain risks when they decide to hit the slopes. That said, if you or a loved one has been injured in a ski resort accident and you believe that the negligence of another skier or the ski resort itself is primarily responsible for your injuries, then contact an experienced personal injury attorney immediately. The personal injury attorneys at Dwyer Williams Cherkoss PC can evaluate your ski resort injury case and advocate on your behalf with adverse parties and insurers.
