We are seeking to recover economic damages of almost $30,000....She had her foot crushed - she deserves their consideration.
Portland, OR (PRWEB) March 27, 2012
The Portland bicycle accident lawyers at Shulman DuBois LLC filed a lawsuit against United Rentals Northwest because one of their drivers, Drue Kearsley, hit and injured Jill Michaelree from Oregon in 2010, according to the Oregonlive.com news story. Dedicated to protecting the rights of bicyclists, the Portland bike injury law firm's filed "Complaint and Demand for Jury Trial" shows a willingness to go trial if necessary to ensure that Michaelree receives the compensation she deserves after this horrible accident.
This suit alleges United Rentals was negligent in their failure to train Kearsley properly and prevent this accident (Case no.1202-02366 in the Circuit Court of the State of Oregon), and seeks over $178,000 in damages for the client. The full language and details of the complaint are filed with the Circuit Court of the State of Oregon, Multnomah County, Case no. 1202-02366.
According to the filed complaint, Michaelree, who was on her way to work, was riding in the bicycle lane when the United Rentals’ driver attempted a right turn – not noticing Michaelree in the bike lane going straight. She was thrown off the bike, under the truck, and was severely injured as the truck ran over both her foot and her bicycle. At the time, the truck was heavily loaded.
“We are seeking to recover economic damages of almost $30,000, in addition to non-economic damages for Jill’s pain and suffering. She had her foot crushed – she deserves their consideration,” said her attorney, Portland injury lawyer Sean DuBois.
According to the National Highway Safety Administration (NHTSA), there were over 307,000 bicycle accident injuries in 2009, and over 600 bicycle accident fatalities in the United States (DOT HS 811 386). While only 8 of the fatalities occurred in Oregon, the number of serious injuries has risen since 2008 – especially for accidents occurring in intersections, like Michaelree’s.
"Portland is known throughout the country for being bicycle friendly, but Michaelree’s accident is just one more instance where some extra precautions might have prevented serious injuries," said DuBois. The intersection where this occurred, NE Couch and NE Grand in Portland Oregon, was already known to be a dangerous intersection for bicyclists. In fact, a green bicycle box was installed by the Portland Bureau of Transportation a month later, city records show.
"The lack of a bicycle box does not excuse the allegedly negligent behavior of the United Rentals Northwest driver and his failure to watch for bicyclists before turning," DuBois countered. According to medical records, Michaelree’s broken foot eventually required surgery and affected many of her everyday activities such as bicycling, yoga, and hiking.
The complaint filed (see above for court and case number) alleges negligence on the part of the driver in several particulars:
“(a) In failing to maintain a proper lookout for other vehicles;
(b) In failing to yield to right of way traffic before making a turn;
(c) In failing to yield to right of way traffic before crossing into adjacent lane;
(d) In failing to stop, swerve, or otherwise maneuver his vehicle so as to avoid colliding with the Plaintiff’s bicycle; and
(e) In failing to maintain his vehicle under proper control.”
By filing this lawsuit, the Portland bicycle accident attorneys of Shulman DuBois are also hoping to send a message to companies like United Rentals Northwest:
“Train your drivers! And make sure they understand the consequences of negligent driving. Truck drivers need to be especially careful – trucks are too heavy to be driven carelessly,” DuBois said. DuBois also said he hoped filing this lawsuit would send a message to United Rentals Northwest about how important training can be for the safety of the community.
About Shulman DuBois LLC:
The Portland personal injury law firm of Shulman DuBois LLC, is based in SE Portland, OR. Partners Joshua Shulman and Sean DuBois have experience helping people who have been injured in car, truck, bicycling, pedestrian, and motorcycle accidents. For a free consultation, call 503-222-4411 or visit http://www.pdxinjurylaw.com.