Bend Oregon vehicle accidents

Auto Accident Victim Recovers Despite Inconclusive Medical Records

Our client was lawfully driving her vehicle in Bend, Central Oregon, when another motorist ran a red light and T-boned with our client’s car.  Our client was seriously injured as a result of the wreck and, although her pain was consistent from the day of the accident onward, her physicians had trouble finding the exact cause of some of her symptoms.

Oregon Auto Accident Injury Attorneys Side Impact

This unfortunate auto accident victim contacted the caring and compassionate Oregon car crash injury attorneys at Dwyer Williams Dretke PC to help her negotiate with her insurer on her behalf. We immediately collected our client’s complete medical records and began building evidence of the causal relationship between the Bend T-bone auto accident and our client’s injuries.

After several rounds of negotiation, we sufficiently convinced the insurance company of our theory of our client’s injuries and pain that the company made her a policy limits offer.  Our client walked away happy to be able to move on with her life and to have been restored to financial health after this traumatic accident and its fallout.

Injured Driver Receives Great Settlement Offer in the Nick of Time

Our client was injured while driving along a major highway in Central Oregon.  Suddenly, another driver traveling in the opposite direction decided to make a U-Turn and ended up crashing into the side of our client’s car. Once he had physically recovered from this accident, our client called the experienced Oregon car accident lawyers at Dwyer Williams Dretke to represent him.

Central Oregon Auto Accident Injury AttorneysOur client sustained several injuries in this accident, and once he had made a complete recovery we discussed his claim with him.  We next sent out a demand package to the at-fault driver’s insurer, but it would not respond.

After making no headway, we called the insurance adjuster’s supervisor and were told that the adjuster who had originally been handling our client’s claim no longer worked at the company.  We continued to keep pressure on the insurance company to make a settlement offer despite never hearing back from them.

Finally, not long before the two year statute of limitations would have expired, our tough auto accident attorneys informed the new insurance adjuster that we would be filing a lawsuit in 48 hours if a settlement offer was not presented to our client.  The new insurance adjuster quickly made our client a new and very good offer and we were able to resolve the case.

Generous Insurance Settlement Reached Despite Low Policy Limits

The details of another successful Dwyer Williams Dretke PC car accident injury settlement are as follows: our client, a young and able-bodied Central Oregonian woman, was having trouble starting her car.  She popped the hood and manually opened it while waiting for another motorist to pull forward and help her jump-start the car.  This motorist accidentally stepped on the gas pedal, which caused his vehicle to lurch forward and pinned our client’s leg between the two cars.  As a result of this incident, our client was seriously injured and she sought immediate medical attention for her accident-related injuries.

The at-fault driver’s insurance provider offered to pay the full policy limit toward our client’s injuries, but unfortunately the at-fault driver was only insured for the minimum amount required under Oregon law.  Under Oregon law, all vehicle insurance policies must carry at least $15,000 in Personal Injury Protection (PIP) coverage.  This meager amount was not enough to cover our client’s prohibitive medical bills.

Our client sought the help of Dwyer Williams Dretke PC because we are experienced auto accident injury lawyers with a track record of success throughout the state of Oregon.  She knew that she could entrust her legal situation with us and that we would secure her the fairest possible settlement given the facts and parties involved in this case.

After reaching out to the health providers that provided services to our client following her accident, we were able to get several to significantly reduce their bills.  We also convinced our client’s insurance provider to waive its lien on the $30,000 in medical expenses that it covered for our client.  Once these arrangements had been made, the case settled and all of our client’s accident-related medical expenses were taken care of.  Our client also received a reasonable settlement to compensate her for her pain and suffering.

Safety Precaution Recommendations for Motorcyclists

It is common knowledge that motorcycle drivers are at a heightened risk of accident-related injuries and death than drivers of cars, trucks, and other passenger vehicles.  Motorcycles generally travel at the same speeds as enclosed motorized vehicles, often overtaking those cars, yet motorcycle drivers and passengers have virtually none of the protections that drivers of enclosed vehicles possess.  Car’s frames and air bags protect drivers and passengers at the moment of impact during a car accident.  Motorcycles provide no such insulation to riders when they crash, skid, or collide with another vehicle.

In 2011 there were a whopping 17 percent more Oregon traffic crashes involving motorcycles than there were in 2010 and 95 percent of those accidents resulted in injury or death to the motorcyclist or to a motorcycle passenger.  Given the dangers inherent to riding, it is vitally important that Oregon’s motorcyclists know the rules of the road that apply to them (see my last post on the subject) as well as what safety precautions to take so that they may protect themselves while riding. Here are some general precautions that riders should take.

  1. Always wear a helmet.  Helmets are mandated under Oregon law and they really do save lives. Head injuries are the leading cause of death in motorcycle crashes.  Motorcyclists who fail to wear a helmet while riding are 40 percent more likely to die of a head injury and 15 percent more likely to suffer nonfatal injuries than those who wear helmets.
  2. Never speed and slow down in poor weather.  A 2009 Insurance Institute for Highway Safety’s Highway Loss Data Institute report found that 48 percent of motorcycle accident fatalities involved speeding.  Riding above the speed limit is reckless: speed limits were predetermined based on road conditions and general principles of safety.  Motorcyclists should also always reduce their speed and proceed with caution when visibility is limited due to inclement weather.  If you cannot see what you are riding into, then you cannot see who or what else might be on the roadway and you are asking for there to be a collision.  Furthermore, if visibility is poor because of fog, rain, or snow, then the road conditions may also be negatively affected.  Traveling at full speed on slick or icy roads will almost inevitably increase stopping time for vehicles in motion and it invites loss of control of your motorcycle.
  3. Never drink and ride.  According to the National Highway Traffic Safety Administration, drivers had blood alcohol concentrations above the legal limit of 0.8 percent in 42 percent of recent motorcycle deaths.  If you ride a motorcycle, you need to be alert and on the lookout for objects and vehicles on the roadway.  Any intoxication threatens your alertness and your ability to react to conditions and occurrences on your drive.
  4. Have Health and Personal Injury Protection (PIP) Insurance.  PIP provides medical benefits, loss of income, and essential service insurance of up a set amount for all automobile drivers involved in collisions.  Whether or not you are at fault in a collision, you can recover PIP benefits if you are injured as the result of a vehicle collision. The state of Oregon requires that PIP is included in all automobile insurance policies, but it makes no similar requirement for motorcycle insurance policies.  Protect yourself against financial disaster from accident-related medical expenses by paying for PIP benefits in addition to your health insurance.

A certain volume of motorcycle accidents will continue to occur despite riders’ and drivers’ best intentions and safe driving practices.  If you or a loved one is involved in a motorcycle accident in Oregon, you will have a much better chance at being fairly and fully compensated you if you retain an experienced motorcycle accident injury attorney.

Insurance Provider Settles Pedestrian Collision Claim

Dwyer Williams Dretke PC recently settled a lawsuit brought against the insurance provider of a driver who backed into a pedestrian in a grocery store parking lot.  This incident occurred several months ago.  At that time, a female customer was returning her shopping cart to the grocery store’s cart return area after shopping when she noticed a van quickly reversing in her direction.  She waved at the driver, indicating her presence and encouraging the van driver to slow down.  Unfortunately, the driver continued to reverse on his trajectory aimed directly at her instead of slowing down or stopping his vehicle.  In the final moments before the van struck her, this pedestrian instinctively extended the arm she had waved at the driver.  When the van collided with her arm, it jammed her arm into her shoulder and severely injured it.

The injured pedestrian contacted our law firm after learning that the at-fault van driver’s insurance provider was refusing to cover the costs that she incurred treating her injuries.  The insurer argued that this pedestrian could not have sustained any significant injury because the van was moving slowly when it hit her, thus the force of impact was minimal and incapable of causing her serious harm.  Dwyer Williams Dretke LLC has vast experience in personal injury law involving automobiles and specific expertise in pedestrian collision injuries.  We were happy to take this client’s case when she approached us and to negotiate with the recalcitrant insurance provider on her behalf.

Our client was not to blame for this collision.  She had done everything in her power to stop the van as it barreled toward her in the store parking lot.  She waved at the van and then, upon realizing that the vehicle was not slowing down to avoid hitting her, she raised an arm to help cushion herself from the vehicle’s blow.  She reacted to the situation efficiently, following her human instinct.  Our client is also not to blame for the injuries that she sustained in this collision.  Our client’s shoulder was severely injured when the van hit her.  The force of the crash tore her rotator cuff and invasive surgery was required to repair this damage.

When we informed the adverse insurance provider of the severity of our client’s injuries and provided them with medical records and physician testimony that confirmed that the injury was proximately caused by the collision, the insurance provider provided a new argument in defense of its refusal to pay our client.  The insurer conceded that our client had been injured in the accident and that the van driver was at fault for the collision, but it claimed that our client was partially at fault for her injuries because she had walked behind the van as it began reversing.  This second claim was as refutable and reprehensible as the first: our client didn’t intend to be hit by a car or to have her rotator cuff torn while walking back to her vehicle after depositing her shopping cart.  Our client was struck unexpectedly and at such an angle that her protective instinct to raise her arm to keep the van away resulted in severe and unforeseeable injury.

After several rounds of negotiation with the insurance provider, we were able to secure a generous settlement for our client.  She was a random pedestrian struck by a driver who failed to take in the environment around him and thus failed to drive responsibly.  The burden of responsibility for this accident and for the injuries resulting from it fell squarely on the van driver’s shoulders.  Our client was ultimately awarded medical expense reimbursement, lost wages, and a lump sum for her pain and suffering.  She was happy to have selected experienced personal injury lawyers to represent her and defend her interests in this unfortunate pedestrian collision claim.