Tag Archives: car accident attorney portland oregon

Fair Settlement for Injured Taxi Cab Passenger

Our client in this Portland Oregon car accident was seated in the back of a taxi when the crash occurred. As our client’s taxi entered an intersection, the defendant ran a red light and collided with the taxi, causing it to careen into a telephone pole. The police were called to the scene, where the defendant admitted that he had driven through the red light and was issued a citation for failing to obey a traffic control device. Our client was immediately transported by ambulance to the emergency room, wearing a C collar.

Portland Oregon Taxi Cab Accident InjuryOur client suffered headaches, facial abrasions and contusions, neck pain, and arm pain as a result of this crash. While in the emergency room, she had to undergo CT scans of her head, face, and cervical spine, and to get her right arm X-ray-ed. She was referred to a physical therapist and saw that PT as well as a massage therapist for treating her neck.

Because our client was a passenger in a taxi, there was no PIP available to pay her medical bills. PIP benefits are only available for vehicle drivers who are involved in accidents. Additionally, she had no health insurance so there was no avenue to have her bills paid while she was receiving treatment.

This injured passenger called the experienced Portland car accident lawyers at Dwyer Williams Potter Accident Injury Attorneys because she knew our reputation for diligently representing our clients. Once she had retained us to represent her, we were able to convince all of her medical providers to hold their bills, explaining that we would satisfy them upon the resolution of her case. 

We successfully negotiated a settlement with the at-fault driver’s policy that not only paid our client’s medical bills but that also compensated her for the pain, suffering, and disruption to her life that she had experienced.

Fair Settlement for Oregon Couple Injured in Out-of-State Accident

Our client in this auto accident injury case was visiting the East Coast with his wife when the collision occurred. As he was driving, another motorist who was speeding in the fast lane suddenly tried to merge into our client’s lane. Unfortunately, he hadn’t left enough room to enter the lane without hitting our client’s car.

Oregon Auto Accident And Personal Injury AttorneysOur client was immediately injured by the impact of the collision. He and his wife visited the local emergency room immediately after the accident, but they decided not to seek any additional medical attention until they returned to Oregon after their vacation had ended.

Our client called the experienced Portland Oregon auto accident injury attorneys at Dwyer Williams Potter as soon as he had finished getting treated for his injuries. He needed help filing his out-of-State auto accident claim and knew our firm’s reputation for experience and dedication.

Our attorneys made contact with the at-fault driver’s insurance company and began negotiations. We were able to treat the case similarly to an Oregon case and ultimately we both claims for a fair amount. Our client and his wife made a full recovery.

Out of State Auto Accident Injury Victim Gets Settlement

Our client in this case was visiting Portland from another state.  As he was driving his truck, he came to an intersection downtown where he had a green light.  He was half way through the intersection when another motorist ran a red light, t-boning our client’s truck and injuring him.

Portland Oregon Auto Accident Attorneys Portland Oregon Auto Collision Lawyers Settlement Reached in T-Bone Accident at Portland Oregon IntersectionOur client received some medical treatment for his accident-related injuries while he was in Oregon, but decided to return to his home state before his injuries had healed and before they had been fully treated.  Due to the extent of his injuries, it took our client a week and a half to get home.  During his trip home, our client treated for his accident related injuries in several other states.  He was unsure how to handle his Oregon accident from his home state so, once he was home again, he called Dwyer Williams Potter LLP to represent him.  He knew that he needed the help of experienced Portland auto accident attorneys.

Once we had been retained to represent him, we located all of places where our client received treatment for his accident-related injuries and gathered his medical records and bills together.  We were able to discuss his case with him over the phone.  As soon as he completed his treatment, we sent out a demand package and began trying to resolve his case.

After several rounds of negotiations, the case settled for a fair value and our client was very happy with the result.

Fair Settlement Awarded to Out-of-State Car Crash Victim

Our client was visiting Oregon on an interstate road-trip when he was severely injured. He was driving through a Portland intersection and he had the right of way, when another motorist suddenly drove straight into the side of his car. This high-speed intersection collision left our tourist client with severe injuries that required treatment in Oregon then again in several other states on his drive back home.

Back in his home state a few weeks after the collision, this Oregon auto accident injury victim was unsure how to make his claim. , He called our experienced Portland injury lawyers to represent him for the claims that he had to file in our state.

Once on the job, our dedicated and tough attorneys quickly got to work collecting this client’s medical records and bills. We went over the details of our client’s case with him in fine detail before sending out a demand package.  After several rounds of negotiations, this case settled for a fair value and our client was able to move on with his life, leaving this complicated legal matter behind him.

Driver Fatigue is a Persistent Issue on Portland Roads

Recent news coverage in Portland and across the state of Oregon has shined a spotlight on an important roadway safety issue that we would like to address from a legal perspective. Almost every week, articles and televised broadcasts cover yet more Oregon auto accidents in which driver fatigue is a crash contributor. If it isn’t already, this should be an issue of concern to Portland drivers, bikers, and pedestrians alike.

Several months ago Portland newspapers and radio stations were tuned in to a transport union’s contract bargaining dispute in which distracted driving was a significant issue. At that time, local activists and an organization called Oregonians for Safe Transit had started a campaign to raise awareness of bus driver overtime practices that were leaving drivers fatigued and endangering those who might come into contact with their vehicles. Oregonians for Safe Transit issued a report that described how Portland bus drivers were working up to 22 consecutive hours and – not surprisingly – falling asleep on the job.

United States Federal law applies to interstate train operators, but not to bus or train operators who work within the boundaries of one state. Unlike Portland’s bus drivers, train operators are required to take a minimum of seven hours off in between shifts. This rule is in place to guarantee that train operators can get the rest that they need in between shifts in order to do their jobs properly and safely. The Portland drivers who were the focus of the organizing campaign this winter were not allowed to work for more than 17 hours without a break, but they also weren’t guaranteed any specific period of time off between shifts.

Driver fatigue is not only an issue for bus drivers – it is a real problem for everyday commuters. In a recent report issued by the Center for Disease Control and Prevention (USCDC), 1 out of 24 U.S. drivers self-reported falling asleep while driving in the previous month. This study highlights an issue that affects drivers throughout the United States and which is well-documented in Oregon. According to the Oregon Department of Transportation’s most recent Motor Vehicle Traffic Crash Data publication, last year 8 percent of all motor vehicle crashes in the state of Oregon involved exhausted drivers.

If you or someone you love has been injured in a motor vehicle accident and you believe that fatigue was a factor leading to your injuries, contact a Portland auto accident lawyer right away. The compassionate, dedicated, and experienced attorneys at Dwyer Williams Potter Personal Injury Attorneys LLP would be happy to investigate your auto accident injury claim. Call us today for a free consultation at 888-700-4337.

Injury Recovery in Reckless Portland Auto Accident

A Portland, Oregon, driver recently contacted Dwyer Williams Potter LLP for legal representation following a rear-end collision in which he sustained physical injuries that prevented him from being able to engage in productive work.  This man was a contractor by trade whose wrists were severely injured when he was struck from behind by another motorist while driving in downtown Portland.  At the moment of impact, our client braced himself against his steering wheel with wrists flexed.  This instinctive protective motion resulted in him jamming his wrists with so much force that he needed bilateral carpal tunnel surgery to correct his injuries.

Our client is a professional contractor who works with his hands for a living.  The injuries that he sustained in this rear-end collision were among the worst imaginable for someone in his profession.  Carpal tunnel syndrome is a condition that affects the median nerve in the wrist, which supplies feeling and movement to the hand’s various parts.  For a contractor, carpal tunnel syndrome can limit the types of jobs that one can take on as well as one’s pace of work and overall productivity.  Severe carpal tunnel syndrome, which is the condition that our client had as a direct result of this car accident, can render contracting work impossible because nerve damage is so extensive that some parts of the hand are immobile and others completely lack feeling.  In our client’s case, surgery was absolutely necessary in order for him to guarantee the future use of his hands.

Not surprisingly given the nature of his profession, his injuries, and the invasive surgery required to treat those injuries, our client was not able to work for an extended period of time following the collision.  Prior to approaching Dwyer Williams Potter LLP for expert car accident injury representation, our client’s insurance provider performed a review of the available medical records and determined that his carpal tunnel syndrome could not have been caused by the accident.  Based on this finding, the insurer refused to pay for our client’s medical treatment and for any lost income due to the injuries and surgery.  At this point, our client attempted to settle his liability claim with the at-fault driver, but he was only offered $1,500.  His unpaid medical expenses (consultations, treatment, and surgery) alone amounted to more than $15,000.  It was clear that he couldn’t accept such a small settlement, but he was not sure where to turn or what to do.  At this critical time, our client’s surgeon recognized that his patient needed the help of a professional car accident injury lawyer and directed him toward our law firm.

Once hired by our client, we immediately entered into negotiations with our client’s Personal Injury Protection (PIP) and liability carriers.  The liability carrier, emboldened by the PIP insurer’s refusal to pay for medical expenses, offered only a slightly higher settlement offer than the $1,500 our client was initially offered.  We initially lacked medical verification to prove that our client’s injuries were caused by the accident: causality was not written up in any of our client’s post-accident medical records.  After several conversations with our client’s surgeon, however, the doctor agreed to document how our client’s injuries were related to the collision.  When the liability carrier again offered to make a reasonable settlement offer to our client, we filed a lawsuit for medical costs and lost wages.

The liability carrier began to appreciate the strength of our case when presented with the legal filings including the physician report.   Wage loss was difficult to prove given our client’s self-employed status and the inconsistencies in income reflected on tax returns from one year to the next, but after several rounds of negotiations, the insurance provider offered $40,000 to settle the case.  Our client happily accepted this offer, which reimbursed him for his time loss and pain and suffering.  This offer also maintained our client’s right to pursue his PIP insurer for the unpaid medical bills.  We continue on with the PIP claim and are confident that we will get all of our client’s bills reimbursed soon.

Auto Accident Attorney Resolves Case Involving Pre-Existing Conditions

Pre-existing injuries and health issues can complicate a liability claim, but these obstacles can be overcome with the help of a medical expert, as they were in a recent case of ours. Our client, a nineteen-year-old young woman, was on the way to visit family in Portland, Oregon with her mother. In a frightening chain of events, another driver ran a red light and hit the passenger side of the car, where she was sitting. Auto Accident Lawyers Portland | Auto Accident Attorney Portland | Portland Injury Lawyers | Oregon In addition to the usual auto accident injuries, the wreck aggravated a pre-existing condition. Since infancy, our client had suffered from seizures. Prior to the accident – and for the first time in her life – her seizures were under relatively good control, due to a new medical treatment and a strict diet. She was even studying to get her own driver’s license. After the accident, unfortunately, her seizures came back and happened more frequently and with more severity than they ever had before.

In the midst of her and her family’s distress at having the seizures return, the at-fault driver’s insurance company fought the claim aggressively, arguing that she had always had the seizure disorder and that the wreck hadn’t contributed to its worsening. To complicate matters even further, our client’s long-time doctor told her that he believed the seizures were exacerbated by the accident, but he didn’t want to put it in her official medical records or support her legal claims. At this point, unsure of where to turn, our client decided to contact a Portland, Oregon auto accident attorney to help her fight the insurance company.

After taking her case, I searched out and reviewed the medical literature at length and contacted several experts regarding epilepsy and whiplash injuries. We eventually located a seizure expert who was willing to review her records and consult on her case. We were able to go into mediation with a medical expert on our side. After mediation, the insurance company offered a sizeable settlement for our client – likely a direct result of our efforts to secure a medical expert. Our client was very happy that she had made the decision to contact a Portland, Oregon Personal Injury Attorney at Dwyer Williams Potter.

Auto Accident Attorney Wins Settlement in Challenging Claim

Our client was driving home from his last physical therapy session treating a previous auto accident injury when he was t-boned by a car coming out of a parking lot in Portland, Oregon. In this new accident, he sustained severe injuries to his neck and back and aggravated the knee injury he suffered in the previous accident. His medical bills – after neck surgery – came to about $100,000, an amount far beyond his $50,000 policy limit.

Two accidents in quick succession and minimal policy limits presents a special challenge in an injury claim. Oregon Auto Car Accident Attorneys, Accident Attorney Oregon | Dwyer Williams Potter LLP | Oregon Personal Injury Attorneys In our client’s case, the insurance company made an extremely unreasonable offer, not even offering policy limits. Worried by the insurance company’s paltry offer, he decided he needed the expert help of a Portland, Oregon auto accident attorneys.

After reviewing his case and the insurance company’s reason for their low offer, I filed a lawsuit and pursued an excess exposure claim. The excess exposure doctrine, developed through case law in Oregon, allows for a recovery greater than the policy limits under certain circumstances. When an insurer has opportunity to recognize that damages brought by their insured driver’s liability exceed the policy limits but doesn’t readily offer the entire policy limits, this can result in excess exposure. Since 1956, courts in Oregon have held that an insurance company must not act in bad faith in these situations. An insurer cannot expose their insured to the probability of a verdict that could not be satisfied by the policy limits, leaving them personally liable to pay the additional sum.

Our case went to mediation, and after several rounds of intense negotiation, the insurance company offered a settlement beyond policy limits, ultimately agreeing with our excess exposure argument. Our client was able to pay his medical providers with some money left over for other accident-related expenses. He was very happy with the result and believed that the expert representation he received from the Portland, Oregon Personal Injury Attorneys at Dwyer Williams Potter made all the difference.

Auto Accident Claim Settlement Bridges Financial Gap

Portland, Oregon is known for its iconic bridges. Unfortunately, the Freemont Bridge became iconic to the client in this story for another reason. He was driving on the bridge one day when a tow truck driver cut him off. He had nowhere to go to avoid the accident and crashed hard into the side of the bridge. Not only was this very frightening but he was also seriously injured. His neck injury was diagnosed as a permanent condition. Auto Accident Lawyers Portland | Auto Accident Attorney Portland | Portland Injury Lawyers | Oregon In addition to the pain and cost of medical injury, he also found out that he could no longer work as a mechanic at the local school district, a job he had held for the past 25 years.

One of his major concerns during all of this was how he would continue to care for his family. He knew he needed to learn a new skill that would allow him to work, even with his neck injury. However, the cost of retraining and time required left him and his family in a financial lurch. He filed a claim with his insurance company for his lost wages and retraining costs. When the company denied his claim, he called an experienced Portland, Oregon auto accident attorney to help him fight for his claim.

It ultimately became necessary for me to file a lawsuit in the case, as the insurance company refused to budge on their decision to deny the claim. As is often the case, filing a lawsuit made the insurance company take another look at the claim under dispute with more serious consideration. After reviewing it with their legal counsel, they reversed their decision and offered our client policy limits. This compensation gave our client the means to pay for retraining in a new profession. Thanks to the representation of an experienced Portland, Oregon Personal Injury Attorneys, our client was able to learn a new profession and continue to do what was most important to him – care for his family.

New Car Accident Case Resolved in Arbitration

Our client had just purchased a new car and, having owned it for only three days, had not yet added it to his insurance policy. Auto Accident Lawyers Portland | Auto Accident Attorney Portland | Portland Injury Lawyers | Oregon In a chain of events that is every car buyer’s worst nightmare, our client was involved in a car accident in Portland, Oregon and injured. After getting home from the doctor’s, he added the car to his insurance policy and was told that he would have personal injury protection (PIP) coverage for reasonable and necessary medical benefits up to $25,000. This was a relief to him, and he continued his course of treatment for his auto accident injury.

His treatment was complete in six months, and he felt much better, but he had $7,000 in medical expenses. The insurance company, claiming an exclusion based on the fact that the new car had not yet been on his policy at the time of the accident, denied the claim he filed. Although this denial was counter to the information he had gotten on the phone, the insurance company refused to pay his medical expenses, so he called an experienced Portland, Oregon auto accident attorney.

Despites aggressive negotiations, the insurance company refused to change their position. We do all we can to get our clients’ claims paid, so I filed a lawsuit to recover our client’s medical expenses and attorney fees. The lawsuit forced the insurance company to deal with our client’s claim, and they agreed to arbitration, a non-trial method of resolving lawsuits. As in a trial situation, clients need an experienced personal injury attorney to represent them in arbitration.

After arbitration, the insurance company agreed to pay all his medical bills and attorney fees. Our client was very pleased with the result and satisfied with his choice to have a Portland, Oregon Personal Injury Attorney help him fight his case.

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