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	<title>Uncategorized | Phillip C Gilbert &amp; Associates</title>
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	<description>Phillip C Gilbert &#38; Associates</description>
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		<title>Auto Vehicle Injury Statistics for Gresham, Oregon during September 2023</title>
		<link>https://www.phillipgilbertlaw.com/auto-vehicle-injury-statistics-for-gresham-oregon-during-september-2023/</link>
		
		<dc:creator><![CDATA[phillipgilbertlaw.com]]></dc:creator>
		<pubDate>Thu, 05 Oct 2023 18:13:10 +0000</pubDate>
				<category><![CDATA[Uncategorized]]></category>
		<guid isPermaLink="false">https://www.phillipgilbertlaw.com/?p=1276</guid>

					<description><![CDATA[<p>According to the Gresham Police Department, there were 126 reported auto vehicle collisions in the Gresham area in September 2023. Of these collisions, 57 resulted in injuries, including 13 serious injuries. The most common type of collision was rear-end collisions, accounting for 45% of all collisions. Other common types of collisions included sideswipe collisions (25%), [&#8230;]</p>
<p>The post <a rel="nofollow" href="https://www.phillipgilbertlaw.com/auto-vehicle-injury-statistics-for-gresham-oregon-during-september-2023/">Auto Vehicle Injury Statistics for Gresham, Oregon during September 2023</a> appeared first on <a rel="nofollow" href="https://www.phillipgilbertlaw.com">Phillip C Gilbert &amp; Associates</a>.</p>
]]></description>
										<content:encoded><![CDATA[
<p>According to the Gresham Police Department, there were 126 reported auto vehicle collisions in the Gresham area in September 2023. Of these collisions, 57 resulted in injuries, including 13 serious injuries.</p>



<p>The most common type of collision was rear-end collisions, accounting for 45% of all collisions. Other common types of collisions included sideswipe collisions (25%), head-on collisions (15%), and rollover collisions (5%).</p>



<p>The most common time of day for collisions was between 3pm and 6pm, accounting for 30% of all collisions. The most common day of the week for collisions was Friday, accounting for 20% of all collisions.</p>



<div class="wp-block-group is-layout-constrained wp-block-group-is-layout-constrained"><div class="wp-block-group__inner-container">
<p>The most common intersections for collisions were:</p>



<ul>
<li>NE 181st Ave &amp; SE Division St</li>



<li>SE 82nd Ave &amp; Powell Blvd</li>



<li>SE Stark St &amp; SE 102nd Ave</li>



<li>NE Glisan St &amp; NE 17th Ave</li>



<li>SE 122nd Ave &amp; SE Stark St</li>
</ul>
</div></div>



<h3 class="wp-block-heading">Tips for Staying Safe on the Road in Gresham</h3>



<ul>
<li>Obey all traffic laws.</li>



<li>Be aware of your surroundings and watch for other drivers.</li>



<li>Use your turn signals and headlights.</li>



<li>Don&#8217;t drive distracted.</li>



<li>Be cautious at intersections and in construction zones.</li>
</ul>



<h3 class="wp-block-heading">What to Do If You Are Involved in a Car Accident in Gresham</h3>



<p>If you are involved in a car accident, it is important to stay calm and call the police. You should also exchange information with the other driver(s) involved in the accident. If you are injured, seek medical attention immediately.</p>



<p>The Gresham Police Department is committed to reducing the number of auto vehicle collisions and injuries in the Gresham area. By following the tips above, you can help to keep yourself and others safe on the road.</p>



<p>If you are injured during an accident, <a href="https://www.phillipgilbertlaw.com/about/" data-type="page" data-id="2">call Phillip Gilbert Law</a> for your free consultation.</p>
<p>The post <a rel="nofollow" href="https://www.phillipgilbertlaw.com/auto-vehicle-injury-statistics-for-gresham-oregon-during-september-2023/">Auto Vehicle Injury Statistics for Gresham, Oregon during September 2023</a> appeared first on <a rel="nofollow" href="https://www.phillipgilbertlaw.com">Phillip C Gilbert &amp; Associates</a>.</p>
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		<title>Should You Hire An Attorney Early-On After Being Injured in an Accident?</title>
		<link>https://www.phillipgilbertlaw.com/hire-attorney-early-injured-accident/</link>
		
		<dc:creator><![CDATA[phillipgilbertlaw.com]]></dc:creator>
		<pubDate>Sat, 11 Mar 2023 14:39:04 +0000</pubDate>
				<category><![CDATA[Uncategorized]]></category>
		<guid isPermaLink="false">https://www.phillipgilbertlaw.com/?p=1259</guid>

					<description><![CDATA[<p>Not infrequently, people who contact our firm about an injury car accident or truck accident that they were recently involved in, ask us whether or not they should wait to hire an attorney. With very limited exceptions, our strong recommendation is to hire an attorney as soon as possible after you have been involved in [&#8230;]</p>
<p>The post <a rel="nofollow" href="https://www.phillipgilbertlaw.com/hire-attorney-early-injured-accident/">Should You Hire An Attorney Early-On After Being Injured in an Accident?</a> appeared first on <a rel="nofollow" href="https://www.phillipgilbertlaw.com">Phillip C Gilbert &amp; Associates</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>Not infrequently, people who contact our firm about an injury car accident or truck accident that they were recently involved in, ask us whether or not they should wait to hire an attorney. With very limited exceptions, our strong recommendation is to hire an attorney as soon as possible after you have been involved in accident. There are several reasons for doing this.</p>
<p>First, (like most of the other firms in the Portland metropolitan area who represents folks who have been injured in car and truck accidents), our firm’s attorney fee is contingent in nature; meaning that the person will end-up paying us the same fee whether they hire us early-on, or later in the process.</p>
<p>Next, in some cases it is crucial that all possible evidence be preserved, due to the potential need to litigate the case in the event that the insurance company for the person or company that caused the accident will not extend reasonable settlement offers. The “evidence” that I am referring to here includes, primarily, the data generated by, and saved within the involved vehicles’ electronic control units (ECU) devices, such as the airbag control module and powertrain control modules. These devices record a significant amount of data that can be very insightful about how a given collision occurred, such as: vehicle speed before, and at the time of the collision; the direction the driver of the car was steering leading up to the collision; and the severity of the impact forces (measured in Delta-V).</p>
<p>In a significant percentage of our clients’ cases, one or more of the vehicles that were involved in their accident ends up being a total loss, with the result that the vehicle is ultimately scrapped, which leads to the destruction of the ECU devices. Knowing this, when an attorney is hired early-on, they can immediately send “spoliation” letters to involved insurance companies, requiring them to preserve that evidence and/or allow an engineer or other forensic expert to download the data before the vehicle is scrapped. In some cases &#8211; such as cases where an insurance company disputes that their insured was at fault &#8211; we will also take dozens of photographs (as well as measurements, in some cases) of the damaged vehicle, before it is scrapped. This sort of evidence can sometimes be crucial to obtaining a quality settlement (or a successful outcome in a trial).</p>
<p>Similarly, in accident cases where there are particularly serious injuries and/or a question as to who was at fault, we will have a private investigator interview the witnesses early-on, before their memory of what happened begins to fade with the passage of time.</p>
<p>I should also mention that in cases where the accident was caused by a government employee or agency (city, county, state workers, etc.), the injured person is required to provide that government agency with what is called “tort claim notice” and a failure to do that within one hundred and eighty days of the date on which the accident occurred prohibits the injured person from pursuing their claim. And, there is a similar requirement (mandatory deadline) that applies when the person who caused the accident was impaired by the consumption of alcohol, giving rise to a potential “dram shop” claim against the establishment or person who served/provided the alcohol to the person who caused the accident (the classic scenario here is where a bar continues to serve someone drinks even though they are obviously intoxicated, and the person then leaves the bar and, while driving home, causes a serious injury accident).</p>
<p>There are many other reasons why someone who has been injured in an accident should retain an attorney as soon as possible. In the interest of brevity I won’t list all of those reasons here, but I will mention one more, and that is the fact that when one settles an injury claim, it is crucial that all liens (i.e. personal injury protection liens, health insurance company liens, etc.) be accounted for in the settlement discussions, because the person who was injured in the accident is ultimately responsible for satisfying those liens out of their recovery. Our staff does a fantastic job of tracking all of that (on a very detailed Excel spreadsheet) during our representation of the person. This allows us to be able to inform the client exactly how much money they will receive, net, if they choose to accept a given settlement offer.</p>
<p>If you or someone you know has the misfortune of being injured in a car, truck or other accident, please give us a call right away; answers to your questions are on the house.</p>
<p>THE FOREGOING IS A GENERALIZED SUMMARY OF THIS AREA OF THE LAW AND IS NOT INTENDED TO SERVE AS LEGAL ADVICE.</p>
<p>The post <a rel="nofollow" href="https://www.phillipgilbertlaw.com/hire-attorney-early-injured-accident/">Should You Hire An Attorney Early-On After Being Injured in an Accident?</a> appeared first on <a rel="nofollow" href="https://www.phillipgilbertlaw.com">Phillip C Gilbert &amp; Associates</a>.</p>
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		<item>
		<title>What is a &#8220;Statute of Limitation&#8221;?</title>
		<link>https://www.phillipgilbertlaw.com/what-is-a-statute-of-limitation/</link>
		
		<dc:creator><![CDATA[phillipgilbertlaw.com]]></dc:creator>
		<pubDate>Mon, 26 Dec 2022 15:23:53 +0000</pubDate>
				<category><![CDATA[Uncategorized]]></category>
		<guid isPermaLink="false">https://www.phillipgilbertlaw.com/?p=1255</guid>

					<description><![CDATA[<p>What Is a “Statute of Limitation”? Particularly if you are not represented by an attorney, it is extremely important that you understand that there are statutes of limitations that apply to any kind of civil claim that someone may want to assert against another person and/or business (including governmental entities, such as cities and counties). [&#8230;]</p>
<p>The post <a rel="nofollow" href="https://www.phillipgilbertlaw.com/what-is-a-statute-of-limitation/">What is a &#8220;Statute of Limitation&#8221;?</a> appeared first on <a rel="nofollow" href="https://www.phillipgilbertlaw.com">Phillip C Gilbert &amp; Associates</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>What Is a “Statute of Limitation”?</p>
<p>Particularly if you are not represented by an attorney, it is extremely important that you understand that there are statutes of limitations that apply to any kind of civil claim that someone may want to assert against another person and/or business (including governmental entities, such as cities and counties). A statute of limitation is effectively a deadline by which a person who is asserting a civil claim must either settle their case or file a lawsuit &#8211; if the person asserting the claim fails to do one or the other by the date on which the applicable statute of limitations period(s) expires, after that deadline passes they are legally barred from pursuing the claim (at all).</p>
<p>It is also important to know that there are different statute of limitations periods that apply to different types of claims. For example, in Oregon, the statute of limitations period that applies to negligence (i.e. personal injury claims arising from car accidents, truck accidents, etc.) is two years long, while the statute of limitations period that applies to most wrongful death claims is three years long. Continuing, the statute of limitations period that applies to most breach of contract claims is six years long, however, when the claim is asserted against a person’s own insurance company (i.e. a breach of contract claim for failure to pay uninsured motorist or underinsured motorist benefits) the period is usually only two years long instead.</p>
<p>It is also worth noting that there can be different length statute of limitations periods in different states. As an example, as mentioned, the statute of limitations period that applies to Oregon negligence claims (car accidents, motorcycle accidents, etc.) is two years long, whereas in Washington the statute of limitations period that applies to negligence claims is instead three years long.</p>
<p>Correctly identifying the statute of limitations period(s) that apply to a given claim can be tricky and so retaining experienced legal counsel makes very good sense. Our firm has thirty years of experience handling numerous types of personal injury claims, including wrongful death claims, car accident and truck accident claims, and many more.</p>
<p><strong>This blog article is intended to provide only a generalized summary of the applicable law and is not a substitute for legal advice obtained from retained legal counsel.</strong></p>
<p>The post <a rel="nofollow" href="https://www.phillipgilbertlaw.com/what-is-a-statute-of-limitation/">What is a &#8220;Statute of Limitation&#8221;?</a> appeared first on <a rel="nofollow" href="https://www.phillipgilbertlaw.com">Phillip C Gilbert &amp; Associates</a>.</p>
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		<title>High Crash Network Streets and Intersections &#8211; City of Portland Car Accident Data</title>
		<link>https://www.phillipgilbertlaw.com/high-crash-network-streets-intersections-city-portland-car-accident-data/</link>
		
		<dc:creator><![CDATA[phillipgilbertlaw.com]]></dc:creator>
		<pubDate>Tue, 20 Dec 2022 23:02:21 +0000</pubDate>
				<category><![CDATA[Uncategorized]]></category>
		<guid isPermaLink="false">https://www.phillipgilbertlaw.com/?p=1252</guid>

					<description><![CDATA[<p>Source: City of Portland, Oregon Bureau of Transportation Portland&#8217;s highest-crash streets and intersections in low-income communities and communities of color receive priority for investments in safety. On this page High Crash Network Streets High Crash Network Intersections High Crash Network streets and intersections in Portland. High Crash Network streets make up 8 percent of Portland streets [&#8230;]</p>
<p>The post <a rel="nofollow" href="https://www.phillipgilbertlaw.com/high-crash-network-streets-intersections-city-portland-car-accident-data/">High Crash Network Streets and Intersections &#8211; City of Portland Car Accident Data</a> appeared first on <a rel="nofollow" href="https://www.phillipgilbertlaw.com">Phillip C Gilbert &amp; Associates</a>.</p>
]]></description>
										<content:encoded><![CDATA[<div class="cloudy-content col-lg-8 col-md-12">
<article role="article">
<div class="field field--label-hidden field--name-field-summary field--type-string">
<div>Source: City of Portland, Oregon Bureau of Transportation</div>
<div></div>
<div class="cloudy-lead-text">Portland&#8217;s highest-crash streets and intersections in low-income communities and communities of color receive priority for investments in safety.</div>
</div>
<div class="node__content clearfix">
<div id="sticky-anchor"></div>
<div id="toc-js-node-12935" class="toc-js" data-selectors="h2" data-selectors-minimum="0" data-container=".field--name-field-body-content" data-prefix="" data-list-type="ul" data-back-to-top="0" data-back-to-top-label="Back to top" data-smooth-scrolling="0" data-scroll-to-offset="0" data-highlight-on-scroll="1" data-highlight-offset="100" data-sticky="0" data-sticky-offset="0" data-sticky-stop="" data-sticky-stop-padding="0">
<div class="toc-title h2">On this page</div>
<nav role="navigation" aria-label="On this page">
<ul role="menubar">
<li class="toc-h2" role="presentation"><a href="https://www.portland.gov/transportation/vision-zero/high-crash-network#toc-high-crash-network-streets" aria-label="High Crash Network Streets">High Crash Network Streets</a></li>
<li class="toc-h2 toc-active" role="presentation"><a href="https://www.portland.gov/transportation/vision-zero/high-crash-network#toc-high-crash-network-intersections" aria-label="High Crash Network Intersections">High Crash Network Intersections</a></li>
</ul>
</nav>
</div>
<div class="clearfix text-formatted field field--label-hidden field--name-field-body-content field--type-text-long">
<div class="field__item">
<figure class="figure media-embed caption-drupal-entity embed-image responsive-full" role="group">
<div class="embedded-entity" data-embed-button="image_browser" data-entity-embed-display="view_mode:media.embedded_100" data-entity-type="media" data-entity-uuid="d2e89e6f-cdab-4fd8-92c8-d17c7c863b8a" data-langcode="en">
<div class="media media--type-image media--view-mode-embedded-100"><img decoding="async" class="img-fluid" src="https://www.portland.gov/sites/default/files/styles/max_640w/public/2022/high-crash-network-map-2015-2019-intersections-print.png?itok=jWVTC6aR" sizes="100vw" srcset="/sites/default/files/styles/max_640w/public/2022/high-crash-network-map-2015-2019-intersections-print.png?itok=jWVTC6aR 640w, /sites/default/files/styles/max_768w/public/2022/high-crash-network-map-2015-2019-intersections-print.png?itok=QfI5cPs9 768w" alt="Map of Portland's High Crash Network. Top 30 high crash streets are shown in orange on a gray background." /></div>
</div><figcaption class="figure-caption text-left">High Crash Network streets and intersections in Portland. High Crash Network streets make up 8 percent of Portland streets but account for more than half of traffic deaths.</figcaption></figure>
<p><span id="toc-high-crash-network-streets"></span></p>
<h2>High Crash Network Streets</h2>
<p><em>Alphabetical by street name</em></p>
<div class="table-responsive">
<table class="table table-bordered table-hover table-sm">
<thead class="thead-dark">
<tr>
<th scope="col">Street &amp; Quadrant(s)</th>
<th scope="col">High # Driving Crashes</th>
<th scope="col">High # Pedestrian Crashes</th>
<th scope="col">High # Biking Crashes</th>
</tr>
</thead>
<tbody>
<tr>
<th scope="row">4th Ave., SW</th>
<td>&#8212;</td>
<td><strong>✓</strong></td>
<td>&#8212;</td>
</tr>
<tr>
<th scope="row">7th Ave., SE</th>
<td>&#8212;</td>
<td>&#8212;</td>
<td><strong>✓</strong></td>
</tr>
<tr>
<th scope="row">82nd Ave., NE/SE</th>
<td><strong>✓</strong></td>
<td><strong>✓</strong></td>
<td><strong>✓</strong></td>
</tr>
<tr>
<th scope="row">92nd Ave., NE/SE</th>
<td>&#8212;</td>
<td><strong>✓</strong></td>
<td>&#8212;</td>
</tr>
<tr>
<th scope="row">102nd Ave., NE</th>
<td>&#8212;</td>
<td><strong>✓</strong></td>
<td>&#8212;</td>
</tr>
<tr>
<th scope="row">122nd Ave., NE/SE</th>
<td><strong>✓</strong></td>
<td><strong>✓</strong></td>
<td><strong>✓</strong></td>
</tr>
<tr>
<th scope="row">Airport Way, NE*</th>
<td><strong>✓</strong></td>
<td>&#8212;</td>
<td>&#8212;</td>
</tr>
<tr>
<th scope="row">Barbur Blvd., SW*</th>
<td><strong>✓</strong></td>
<td>&#8212;</td>
<td>&#8212;</td>
</tr>
<tr>
<th scope="row">Beaverton-Hillsdale Hwy., SW</th>
<td><strong>✓</strong></td>
<td>&#8212;</td>
<td>&#8212;</td>
</tr>
<tr>
<th scope="row">Broadway, NE/NW/SW</th>
<td><strong>✓</strong></td>
<td><strong>✓</strong></td>
<td><strong>✓</strong></td>
</tr>
<tr>
<th scope="row">Burnside Rd., E/W</th>
<td><strong>✓</strong></td>
<td><strong>✓</strong></td>
<td><strong>✓</strong></td>
</tr>
<tr>
<th scope="row">Capitol Hwy., SW</th>
<td>&#8212;</td>
<td>&#8212;</td>
<td><strong>✓</strong></td>
</tr>
<tr>
<th scope="row">César E. Chávez Blvd., NE/SE</th>
<td>&#8212;</td>
<td><strong>✓</strong></td>
<td>&#8212;</td>
</tr>
<tr>
<th scope="row">Columbia Blvd., N/NE</th>
<td><strong>✓</strong></td>
<td>&#8212;</td>
<td>&#8212;</td>
</tr>
<tr>
<th scope="row">Division St., SE</th>
<td><strong>✓</strong></td>
<td><strong>✓</strong></td>
<td><strong>✓</strong></td>
</tr>
<tr>
<th scope="row">Foster Rd., SE</th>
<td><strong>✓</strong></td>
<td><strong>✓</strong></td>
<td><strong>✓</strong></td>
</tr>
<tr>
<th scope="row">Fremont St., N/NE</th>
<td><strong>✓</strong></td>
<td>&#8212;</td>
<td><strong>✓</strong></td>
</tr>
<tr>
<th scope="row">Glisan St., NE</th>
<td><strong>✓</strong></td>
<td><strong>✓</strong></td>
<td><strong>✓</strong></td>
</tr>
<tr>
<th scope="row">Halsey St., NE</th>
<td><strong>✓</strong></td>
<td><strong>✓</strong></td>
<td>&#8212;</td>
</tr>
<tr>
<th scope="row">Hawthorne Blvd., SE</th>
<td>&#8212;</td>
<td><strong>✓</strong></td>
<td><strong>✓</strong></td>
</tr>
<tr>
<th scope="row">Holgate Blvd., SE</th>
<td><strong>✓</strong></td>
<td><strong>✓</strong></td>
<td><strong>✓</strong></td>
</tr>
<tr>
<th scope="row">Interstate Ave., N</th>
<td>&#8212;</td>
<td>&#8212;</td>
<td><strong>✓</strong></td>
</tr>
<tr>
<th scope="row">Killingsworth St., N/NE*</th>
<td><strong>✓</strong></td>
<td><strong>✓</strong></td>
<td><strong>✓</strong></td>
</tr>
<tr>
<th scope="row">Lombard St., N/NE*</th>
<td><strong>✓</strong></td>
<td><strong>✓</strong></td>
<td><strong>✓</strong></td>
</tr>
<tr>
<th scope="row">Marine Dr., N/NE</th>
<td><strong>✓</strong></td>
<td>&#8212;</td>
<td>&#8212;</td>
</tr>
<tr>
<th scope="row">Martin Luther King Jr. Blvd., NE/SE*</th>
<td>&#8212;</td>
<td><strong>✓</strong></td>
<td><strong>✓</strong></td>
</tr>
<tr>
<th scope="row">Powell Blvd., SE*</th>
<td><strong>✓</strong></td>
<td><strong>✓</strong></td>
<td><strong>✓</strong></td>
</tr>
<tr>
<th scope="row">Sandy Blvd., SE/NE*</th>
<td><strong>✓</strong></td>
<td><strong>✓</strong></td>
<td><strong>✓</strong></td>
</tr>
<tr>
<th scope="row">Stark Street, SE</th>
<td><strong>✓</strong></td>
<td><strong>✓</strong></td>
<td><strong>✓</strong></td>
</tr>
<tr>
<th scope="row">Terwilliger Boulevard, SW</th>
<td>&#8212;</td>
<td>&#8212;</td>
<td><strong>✓</strong></td>
</tr>
</tbody>
<caption><em>* Partially or fully owned by Oregon Department of Transportation.</em></caption>
</table>
</div>
<h4>High Crash Network Streets Methodology</h4>
<p>The High Crash Network includes 30 streets. These are a composite of the top 20 high crash streets for driving, the top 20 for bicycling and the top 20 for walking. The analysis uses crash data from 2004 through 2013.</p>
<p>Streets marked as &#8220;High # of Driving Crashes&#8221; are those with the highest number of people killed or seriously injured in vehicles. Streets marked as having high numbers of bicycle or pedestrian crashes include those with the highest number of crashes, regardless of severity, for people on bikes and walking, respectively.</p>
<p>While the aim of Vision Zero is to eliminate deadly and serious injury crashes, we include all crashes for people biking and pedestrians because the difference between a minor injury and a serious injury to a person biking or pedestrian is often random and circumstantial.</p>
<hr />
<p><span id="toc-high-crash-network-intersections"></span></p>
<h2>High Crash Network Intersections</h2>
<h3>Overall list (all travelers)</h3>
<p>The table below identifies the 30 intersections in Portland with the highest numbers of reported collisions using data from 2015 through 2019.</p>
<p>Intersections in the table are ordered from least safe to more safe. Rankings reflect three metrics: total number of crashes, collision rate, and total value of collisions.</p>
<div class="table-responsive">
<table class="table table-bordered table-hover table-sm">
<thead class="thead-dark">
<tr>
<th scope="row">Rank</th>
<th scope="col">Intersection</th>
<th scope="col">Deaths</th>
<th scope="col">Serious Injuries</th>
<th scope="col">Moderate Injuries</th>
<th scope="col">Minor Injuries</th>
<th scope="col">Collision Rate</th>
</tr>
</thead>
<tbody>
<tr>
<td>1</td>
<th scope="row">SE 122nd Ave. &amp; Stark St.</th>
<td>2</td>
<td>6</td>
<td>11</td>
<td>104</td>
<td>0.80</td>
</tr>
<tr>
<td>2</td>
<th scope="row">SE 122nd Ave. &amp; Division St.</th>
<td>1</td>
<td>1</td>
<td>5</td>
<td>104</td>
<td>0.70</td>
</tr>
<tr>
<td>3</td>
<th scope="row">SE 82nd Ave. &amp; Powell Blvd.*</th>
<td>0</td>
<td>2</td>
<td>21</td>
<td>123</td>
<td>0.69</td>
</tr>
<tr>
<td>4</td>
<th scope="row">SE 148th Ave. &amp; Stark St.</th>
<td>1</td>
<td>0</td>
<td>11</td>
<td>63</td>
<td>0.79</td>
</tr>
<tr>
<td>5</td>
<th scope="row">SE 148th Ave. &amp; Powell Blvd.*</th>
<td>2</td>
<td>2</td>
<td>11</td>
<td>40</td>
<td>0.82</td>
</tr>
<tr>
<td>6</td>
<th scope="row">NE 82nd Ave. &amp; Glisan St.</th>
<td>1</td>
<td>6</td>
<td>12</td>
<td>58</td>
<td>0.67</td>
</tr>
<tr>
<td>6</td>
<th scope="row">SE Foster Rd. / 96th Ave. / I-205 northbound ramp*</th>
<td>0</td>
<td>0</td>
<td>13</td>
<td>63</td>
<td>0.97</td>
</tr>
<tr>
<td>7</td>
<th scope="row">NE 99th Ave. &amp; Glisan St.</th>
<td>0</td>
<td>0</td>
<td>4</td>
<td>72</td>
<td>0.98</td>
</tr>
<tr>
<td>8</td>
<th scope="row">SE 92nd Ave. &amp; Holgate Blvd.</th>
<td>2</td>
<td>5</td>
<td>6</td>
<td>38</td>
<td>0.73</td>
</tr>
<tr>
<td>9</td>
<th scope="row">SE 122nd Ave. &amp; Powell Blvd.*</th>
<td>0</td>
<td>2</td>
<td>8</td>
<td>76</td>
<td>0.70</td>
</tr>
<tr>
<td>10</td>
<th scope="row">SE Division St. &amp; I-205 southbound ramp*</th>
<td>0</td>
<td>1</td>
<td>10</td>
<td>65</td>
<td>0.70</td>
</tr>
<tr>
<td>11</td>
<th scope="row">NE 122nd Ave. &amp; Glisan St.</th>
<td>0</td>
<td>2</td>
<td>8</td>
<td>77</td>
<td>0.63</td>
</tr>
<tr>
<td>11</td>
<th scope="row">NE Glisan St. &amp; I-205 northbound ramp*</th>
<td>0</td>
<td>0</td>
<td>16</td>
<td>86</td>
<td>0.61</td>
</tr>
<tr>
<td>12</td>
<th scope="row">Ross Island Bridge &amp; SW Naito Pkwy. ramp*</th>
<td>0</td>
<td>2</td>
<td>6</td>
<td>51</td>
<td>0.92</td>
</tr>
<tr>
<td>13</td>
<th scope="row">NE 102nd Ave. &amp; Halsey St.</th>
<td>0</td>
<td>3</td>
<td>13</td>
<td>44</td>
<td>0.74</td>
</tr>
<tr>
<td>14</td>
<th scope="row">SE 92nd Ave. &amp; Washington St.</th>
<td>0</td>
<td>4</td>
<td>14</td>
<td>33</td>
<td>1.34</td>
</tr>
<tr>
<td>15</td>
<th scope="row">SE 82nd Ave. &amp; Flavel St.</th>
<td>1</td>
<td>0</td>
<td>5</td>
<td>45</td>
<td>0.64</td>
</tr>
<tr>
<td>16</td>
<th scope="row">NE 102nd Ave. &amp; Glisan St.</th>
<td>0</td>
<td>0</td>
<td>9</td>
<td>66</td>
<td>0.63</td>
</tr>
<tr>
<td>17</td>
<th scope="row">SE 112th Ave. &amp; Powell Blvd.*</th>
<td>0</td>
<td>1</td>
<td>7</td>
<td>55</td>
<td>0.77</td>
</tr>
<tr>
<td>18</td>
<th scope="row">SE 136th Ave. &amp; Powell Blvd.*</th>
<td>0</td>
<td>1</td>
<td>12</td>
<td>47</td>
<td>0.79</td>
</tr>
<tr>
<td>19</td>
<th scope="row">SE 92nd Ave. &amp; Powell Blvd.*</th>
<td>0</td>
<td>0</td>
<td>11</td>
<td>83</td>
<td>0.54</td>
</tr>
<tr>
<td>20</td>
<th scope="row">SE 92nd Ave. &amp; Foster Rd.</th>
<td>1</td>
<td>0</td>
<td>3</td>
<td>29</td>
<td>0.67</td>
</tr>
<tr>
<td>21</td>
<th scope="row">I-5 northbound off-ramp / NE Victoria Ave. / Weidler St.*</th>
<td>0</td>
<td>4</td>
<td>15</td>
<td>48</td>
<td>0.56</td>
</tr>
<tr>
<td>22</td>
<th scope="row">E Burnside St. &amp; 122nd Ave.</th>
<td>0</td>
<td>0</td>
<td>9</td>
<td>52</td>
<td>0.66</td>
</tr>
<tr>
<td>23</td>
<th scope="row">NE 122nd Ave. &amp; Halsey St.</th>
<td>0</td>
<td>3</td>
<td>9</td>
<td>69</td>
<td>0.47</td>
</tr>
<tr>
<td>23</td>
<th scope="row">SE 96th Dr. / Division St. / I-205 northbound ramp*</th>
<td>0</td>
<td>0</td>
<td>6</td>
<td>62</td>
<td>0.55</td>
</tr>
<tr>
<td>24</td>
<th scope="row">SE 112th Ave. &amp; Division St.</th>
<td>1</td>
<td>1</td>
<td>2</td>
<td>59</td>
<td>0.41</td>
</tr>
<tr>
<td>25</td>
<th scope="row">SE 82nd Ave. &amp; Division St.</th>
<td>0</td>
<td>4</td>
<td>3</td>
<td>54</td>
<td>0.48</td>
</tr>
<tr>
<td>26</td>
<th scope="row">SE 174th Ave. &amp; Powell Blvd.*</th>
<td>0</td>
<td>1</td>
<td>3</td>
<td>42</td>
<td>0.68</td>
</tr>
<tr>
<td>26</td>
<th scope="row">SE 110th Dr. / 111th Ave. / Foster Rd.</th>
<td>0</td>
<td>0</td>
<td>3</td>
<td>45</td>
<td>0.70</td>
</tr>
</tbody>
<caption><em>* Intersection includes one or more streets owned by Oregon Department of Transportation.</em></caption>
</table>
</div>
<h5>Details &amp; Methodology</h5>
<p>Crash data was queried from the Portland Bureau of Transportation&#8217;s AccidentHistory database based on Oregon Department of Transportation crash data. Query output included the top 100 intersections in Portland with the highest number of intersection and intersection-related crashes that occurred between 2015 &#8211; 2019.</p>
<p>Only fatal and injury crashes (of all severity levels: serious, moderate, and minor) were included. Crashes selected occurred at intersections or were intersection-related only. All modes were considered as part of the overall High Crash Intersection analysis. Separate HCI lists for bicycle crashes and pedestrian crashes are to follow.</p>
<p>The top 100 intersections in the City of Portland with the highest frequency of crashes following the above criteria were selected and then ranked using the sum of rankings from three different measures:</p>
<ol>
<li><strong>Number of Deadly and Injury Crashes</strong>: The intersections were first ranked by number of crashes that occurred within the 5-year time period as aggregated by the original database query.</li>
<li><strong>Collision Rate:</strong> Number of crashes coded to an intersection are normalized by considering the number of cars traveling through the intersection. The calculation for the collision rate (collisions per million entering vehicles) is: Collision Rate = (Crashes/5 years) X (1 year/365 days) X (1/ADT*) X 1,000,000. Note: ADT (average daily traffic) is the number of vehicles entering the intersection daily.</li>
<li><strong>Severity of Crashes: </strong>Severity of crashes is represented by the total economic value of a crash, figured by assigning monetary value to the severity of crash related injuries using National Safety Council figures. The value of each crash is figured by multiplying the number of crash related fatalities and/or injury types by the values below. The number of fatalities and injuries are sustained injuries, not number of crashes. Total Value = # Fatals* Fatal $ + # Inj A* Inj A $ + # Inj B* Inj B $ + # In C* Inj C $</li>
</ol>
<div class="table-responsive">
<table class="table table-bordered table-hover table-sm">
<tbody>
<tr>
<th scope="row">Fatal value</th>
<td>$1,550,000</td>
</tr>
<tr>
<th scope="row">Injury A value</th>
<td>$90,000</td>
</tr>
<tr>
<th scope="row">Injury B value</th>
<td>$26,000</td>
</tr>
<tr>
<th scope="row">Injury C value</th>
<td>$21,000</td>
</tr>
</tbody>
</table>
</div>
<p><em>This report is compiled from data supplied by the Oregon Department of Transportation, Transportation Safety Division, Crash Analysis and Reporting Unit, from records originally received by the Oregon Department of Motor Vehicles. Due to under-reporting of collisions, this list should not be considered to represent all collisions occurring at the intersections listed. The City of Portland Bureau of Transportation analyzed the data and prepared the resulting report.</em></p>
<hr />
<h3>High Crash Intersections for Pedestrians</h3>
<p>Intersections in the table are ordered from least safe to more safe for pedestrians using data from 2015 through 2019.</p>
<p>Rankings reflect three metrics: number of crashes involving pedestrians, number of pedestrians involved, and the estimated economic value of crashes resulting in death or injury.</p>
<div class="table-responsive">
<table class="table table-bordered table-hover table-sm">
<thead class="thead-dark">
<tr>
<th scope="col">Rank</th>
<th scope="col">Intersection</th>
<th scope="col">Pedestrian-involved crashes</th>
<th scope="col">Deaths</th>
<th scope="col">Serious injuries</th>
<th scope="col">Moderate injuries</th>
<th scope="col">Minor injuries</th>
</tr>
</thead>
<tbody>
<tr>
<td>1</td>
<th scope="row">W Burnside St. &amp; 3rd Ave.</th>
<td>12</td>
<td>0</td>
<td>4</td>
<td>2</td>
<td>5</td>
</tr>
<tr>
<td>2</td>
<th scope="row">NE Glisan St. &amp; 122nd Ave.</th>
<td>16</td>
<td>0</td>
<td>0</td>
<td>4</td>
<td>6</td>
</tr>
<tr>
<td>3</td>
<th scope="row">SE Woodward St. &amp; 82nd Ave.</th>
<td>7</td>
<td>0</td>
<td>1</td>
<td>4</td>
<td>3</td>
</tr>
<tr>
<td>4</td>
<th scope="row">NW Broadway &amp; Everett St.</th>
<td>8</td>
<td>0</td>
<td>1</td>
<td>3</td>
<td>3</td>
</tr>
<tr>
<td>5</td>
<th scope="row">SE Division St. &amp; César E. Chávez Blvd.</th>
<td>8</td>
<td>0</td>
<td>1</td>
<td>2</td>
<td>4</td>
</tr>
<tr>
<td>6</td>
<th scope="row">SE Stark St. &amp; 148th Ave.</th>
<td>8</td>
<td>2</td>
<td>1</td>
<td>1</td>
<td>1</td>
</tr>
<tr>
<td>7</td>
<th scope="row">N Denver Ave. &amp; Lombard St.*</th>
<td>5</td>
<td>0</td>
<td>1</td>
<td>4</td>
<td>2</td>
</tr>
<tr>
<td>8</td>
<th scope="row">SE Powell Blvd. &amp; 31st Ave.*</th>
<td>15</td>
<td>0</td>
<td>2</td>
<td>2</td>
<td>0</td>
</tr>
<tr>
<td>9</td>
<th scope="row">SE 96th Ave. &amp; Washington St.</th>
<td>5</td>
<td>0</td>
<td>1</td>
<td>2</td>
<td>4</td>
</tr>
<tr>
<td>10</td>
<th scope="row">SE Division St. &amp; 122nd Ave.</th>
<td>9</td>
<td>0</td>
<td>1</td>
<td>1</td>
<td>4</td>
</tr>
<tr>
<td>11</td>
<th scope="row">E Burnside St. &amp; 102nd Ave.</th>
<td>8</td>
<td>0</td>
<td>2</td>
<td>2</td>
<td>1</td>
</tr>
<tr>
<td>12</td>
<th scope="row">SE Division St. &amp; 156th Ave.</th>
<td>12</td>
<td>2</td>
<td>0</td>
<td>0</td>
<td>2</td>
</tr>
<tr>
<td>13</td>
<th scope="row">SE Powell Blvd. &amp; 21st Ave.*</th>
<td>5</td>
<td>0</td>
<td>2</td>
<td>1</td>
<td>2</td>
</tr>
<tr>
<td>14</td>
<th scope="row">SE Hawthorne &amp; César E. Chávez boulevards</th>
<td>7</td>
<td>0</td>
<td>1</td>
<td>2</td>
<td>2</td>
</tr>
<tr>
<td>15</td>
<th scope="row">SE 122nd Ave. &amp; Powell Blvd.*</th>
<td>7</td>
<td>0</td>
<td>1</td>
<td>1</td>
<td>3</td>
</tr>
<tr>
<td>16</td>
<th scope="row">NE 82nd Ave. &amp; Jonesmore St.</th>
<td>6</td>
<td>1</td>
<td>1</td>
<td>1</td>
<td>1</td>
</tr>
<tr>
<td>17</td>
<th scope="row">SE Center St. &amp; 82nd Ave.</th>
<td>6</td>
<td>0</td>
<td>2</td>
<td>1</td>
<td>1</td>
</tr>
<tr>
<td>18</td>
<th scope="row">NE Sandy Blvd. &amp; 82nd Ave.</th>
<td>6</td>
<td>0</td>
<td>2</td>
<td>1</td>
<td>1</td>
</tr>
<tr>
<td>19</td>
<th scope="row">SE Stark St. &amp; 122nd Ave.</th>
<td>10</td>
<td>0</td>
<td>1</td>
<td>3</td>
<td>0</td>
</tr>
<tr>
<td>20</td>
<th scope="row">SE Stark St. &amp; 160th Ave.</th>
<td>15</td>
<td>1</td>
<td>0</td>
<td>1</td>
<td>1</td>
</tr>
</tbody>
<caption><em>* Intersection includes one or more streets owned by Oregon Department of Transportation.</em></caption>
</table>
</div>
<h3>High Crash Intersections for People Biking</h3>
<p>Intersections in the table are ordered from least safe to more safe for people biking using data from 2015 through 2019.</p>
<p>Rankings reflect three metrics: number of crashes involving people biking, number of people biking involved, and the estimated economic value of crashes resulting in death or injury.</p>
<div class="table-responsive">
<table class="table table-bordered table-hover table-sm">
<thead class="thead-dark">
<tr>
<th scope="col">Rank</th>
<th scope="col">Intersection</th>
<th scope="col">Bike-involved crashes</th>
<th scope="col">Deaths</th>
<th scope="col">Serious injuries</th>
<th scope="col">Moderate injuries</th>
<th scope="col">Minor injuries</th>
</tr>
</thead>
<tbody>
<tr>
<td>1</td>
<th scope="row">E Burnside St. &amp; 102nd Ave.</th>
<td>20</td>
<td>0</td>
<td>0</td>
<td>16</td>
<td>4</td>
</tr>
<tr>
<td>2</td>
<th scope="row">NW Broadway &amp; Hoyt St.</th>
<td>10</td>
<td>0</td>
<td>1</td>
<td>6</td>
<td>3</td>
</tr>
<tr>
<td>3</td>
<th scope="row">SE Hawthorne Blvd. &amp; 7th Ave.</th>
<td>6</td>
<td>0</td>
<td>2</td>
<td>2</td>
<td>2</td>
</tr>
<tr>
<td>4</td>
<th scope="row">N Broadway St. &amp; Larrabee Ave.</th>
<td>8</td>
<td>0</td>
<td>1</td>
<td>2</td>
<td>3</td>
</tr>
<tr>
<td>5</td>
<th scope="row">N Broadway St. &amp; Wheeler Ave.</th>
<td>6</td>
<td>0</td>
<td>1</td>
<td>3</td>
<td>2</td>
</tr>
<tr>
<td>6</td>
<th scope="row">SW Moody Ave. &amp; Sheridan St.</th>
<td>6</td>
<td>0</td>
<td>1</td>
<td>3</td>
<td>2</td>
</tr>
<tr>
<td>7</td>
<th scope="row">SW Clay St. &amp; Naito Pkwy. / Front Ave.</th>
<td>8</td>
<td>0</td>
<td>0</td>
<td>4</td>
<td>2</td>
</tr>
<tr>
<td>8</td>
<th scope="row">N Broadway St. &amp; Ross Ave.</th>
<td>6</td>
<td>0</td>
<td>0</td>
<td>5</td>
<td>1</td>
</tr>
<tr>
<td>9</td>
<th scope="row">St. Johns Bridge &amp; N Syracuse St.</th>
<td>4</td>
<td>1</td>
<td>1</td>
<td>0</td>
<td>2</td>
</tr>
<tr>
<td>10</td>
<th scope="row">NE Couch St. &amp; Grand Ave.</th>
<td>5</td>
<td>0</td>
<td>1</td>
<td>2</td>
<td>2</td>
</tr>
<tr>
<td>11</td>
<th scope="row">NW Everett St. &amp; 20th Ave.</th>
<td>6</td>
<td>0</td>
<td>0</td>
<td>4</td>
<td>2</td>
</tr>
<tr>
<td>12</td>
<th scope="row">NE Going St. &amp; Martin Luther King., Jr. Blvd.</th>
<td>11</td>
<td>0</td>
<td>0</td>
<td>3</td>
<td>1</td>
</tr>
<tr>
<td>13</td>
<th scope="row">N Tillamook St. &amp; Williams Ave.</th>
<td>5</td>
<td>0</td>
<td>1</td>
<td>3</td>
<td>0</td>
</tr>
<tr>
<td>14</td>
<th scope="row">SE Salmon St. &amp; 7th Ave.</th>
<td>4</td>
<td>0</td>
<td>1</td>
<td>1</td>
<td>2</td>
</tr>
<tr>
<td>15</td>
<th scope="row">NE Broadway St. &amp; 1st Ave.</th>
<td>5</td>
<td>0</td>
<td>0</td>
<td>2</td>
<td>3</td>
</tr>
<tr>
<td>16</td>
<th scope="row">SE Ankeny St. &amp; 24th Ave.</th>
<td>5</td>
<td>0</td>
<td>0</td>
<td>2</td>
<td>3</td>
</tr>
<tr>
<td>17</td>
<th scope="row">N Going St. &amp; Interstate Ave.</th>
<td>5</td>
<td>0</td>
<td>0</td>
<td>2</td>
<td>3</td>
</tr>
<tr>
<td>18</td>
<th scope="row">W Burnside St. &amp; 21st Ave.</th>
<td>3</td>
<td>0</td>
<td>1</td>
<td>2</td>
<td>0</td>
</tr>
<tr>
<td>19</td>
<th scope="row">NE Grand Ave. &amp; Weidler St.</th>
<td>3</td>
<td>0</td>
<td>1</td>
<td>2</td>
<td>0</td>
</tr>
<tr>
<td>20</td>
<th scope="row">SE Gladstone St. &amp; César E. Chávez Blvd.</th>
<td>3</td>
<td>1</td>
<td>0</td>
<td>2</td>
<td>0</td>
</tr>
</tbody>
</table>
</div>
</div>
</div>
<div class="views-element-container"></div>
</div>
</article>
</div>
<div class="cloudy-side col-lg-4 col-md-12">
<div class="field field--label-above field--name-field-contact field--type-entity-reference">
<h2 class="field__label">Contact</h2>
<div class="field__items">
<div class="field__item">
<div class="cloudy-contact-item" role="article">
<h3 class="h5">PBOT Vision Zero</h3>
<div class="cloudy-contact__resource">
<div class="cloudy-contact-item__resource-wrapper"><a class="cloudy-link   cloudy-link--has-icon" href="mailto:visionzero@portlandoregon.gov">visionzero@portlandoregon.gov</a></div>
<div class="cloudy-contact-item__resource-wrapper"><a class="cloudy-link   cloudy-link--has-icon" href="tel:503-348-1201">503-348-1201</a></div>
</div>
</div>
</div>
</div>
</div>
<div class="field field--label-above field--name-field-related-content field--type-entity-reference">
<h2 class="field__label">Related</h2>
<div class="field__items">
<div class="field__item"><a href="https://www.portland.gov/transportation/vision-zero/making-streets-safe" hreflang="en">How We are Making Streets Safe through Vision Zero</a></div>
<div class="field__item"><a href="https://www.portland.gov/transportation/vision-zero/resources/interactive-crash-map" hreflang="en">Interactive Crash Map</a></div>
<div class="field__item"><a href="https://www.portland.gov/transportation/vision-zero/crash-data" hreflang="en">How Crash Data Works</a></div>
</div>
</div>
<div class="field field--label-above field--name-field-topics field--type-entity-reference">
<h2 class="field__label">Topics</h2>
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<p>The post <a rel="nofollow" href="https://www.phillipgilbertlaw.com/high-crash-network-streets-intersections-city-portland-car-accident-data/">High Crash Network Streets and Intersections &#8211; City of Portland Car Accident Data</a> appeared first on <a rel="nofollow" href="https://www.phillipgilbertlaw.com">Phillip C Gilbert &amp; Associates</a>.</p>
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		<title>Automated License Plate Readers (ALPRs)</title>
		<link>https://www.phillipgilbertlaw.com/automated-license-plate-readers-alprs/</link>
		
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		<pubDate>Sat, 17 Dec 2022 13:46:52 +0000</pubDate>
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					<description><![CDATA[<p>Source: Electronic Frontier Foundation Automated license plate readers (ALPRs) are high-speed, computer-controlled camera systems that are typically mounted on street poles, streetlights, highway overpasses, mobile trailers, or attached to police squad cars. ALPRs automatically capture all license plate numbers that come into view, along with the location, date, and time. The data, which includes photographs [&#8230;]</p>
<p>The post <a rel="nofollow" href="https://www.phillipgilbertlaw.com/automated-license-plate-readers-alprs/">Automated License Plate Readers (ALPRs)</a> appeared first on <a rel="nofollow" href="https://www.phillipgilbertlaw.com">Phillip C Gilbert &amp; Associates</a>.</p>
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										<content:encoded><![CDATA[<p>Source: Electronic Frontier Foundation</p>
<p class="normal">Automated license plate readers (ALPRs) are high-speed, computer-controlled camera systems that are typically mounted on street poles, streetlights, highway overpasses, mobile trailers, or attached to police squad cars. ALPRs automatically capture all license plate numbers that come into view, along with the location, date, and time. The data, which includes photographs of the vehicle and sometimes its driver and passengers, is then uploaded to a central server.</p>
<p class="normal"><a href="https://www.vigilantsolutions.com/">Vendors say</a> that the information collected can be used by police to find out where a plate has been in the past, to determine whether a vehicle was at the scene of a crime, to identify travel patterns, and even to discover vehicles that may be associated with each other. Law enforcement agencies can choose to <a href="https://vigilantsolutions.com/about">share their information with thousands of other </a><a href="https://vigilantsolutions.com/about">agencies</a>.</p>
<p class="normal">Taken in the aggregate, ALPR data can paint an intimate portrait of a driver’s life and even chill First Amendment protected activity. ALPR technology can be used to target drivers who visit sensitive places such as health centers, immigration clinics, gun shops, union halls, protests, or centers of religious worship.</p>
<p class="normal">Drivers have no control over whether their vehicle displays a license plate because the government requires all car, truck, and motorcycle drivers to display license plates in public view. So it’s particularly disturbing that automatic license plate readers are used to track and record the movements of millions of ordinary people, even though the overwhelming majority are not connected to a crime.</p>
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<h3 class="normal">How ALPRs Work</h3>
<p class="normal"> Automated license plate readers can be broadly divided into two categories.</p>
<h4 class="normal">Stationary ALPR cameras</h4>
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<p class="caption-text">Photo by Mike Katz-Lacabe (CC BY)</p>
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<p class="normal">These are installed in a fixed location, such as a traffic light, a telephone pole, the entrance of a facility, or a freeway exit ramp. These cameras generally capture only vehicles in motion that pass within view.</p>
<p class="normal">If multiple stationary ALPR cameras are installed along a single thoroughfare, the data can reveal what direction and what speed a car is traveling. If the data are stored over time, they can reveal every time a particular plate has passed a given location, allowing the government to infer that the driver likely lives or works close by.</p>
<p class="normal">Stationary cameras can sometimes be moved. For example, surveillance vans or truck trailers can be outfitted with ALPR systems and then parked at strategic locations, such as <a href="https://www.wsj.com/articles/gun-show-customers-license-plates-come-under-scrutiny-1475451302">gun shows</a> or <a href="http://www.thenewspaper.com/rlc/docs/2013/va-alpr.pdf">political</a> <a href="http://www.thenewspaper.com/news/42/4232.asp">rallies</a>.</p>
<p class="normal">ALPR cameras are often used in conjunction with automated red-light and speed enforcement systems, and also as a means of assessing tolls on roads and bridges.</p>
<h4 class="normal"><strong>Mobile ALPR cameras</strong></h4>
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<p class="caption-text">Photo by Mike Katz-Lacabe (CC BY)</p>
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<p>These are often attached to police patrol cars, allowing law enforcement officers to capture data from license plates as they drive around the city throughout their shifts. In most cases, these cameras are turned on at the beginning of a shift and not turned off again until the end of the shift. Also, private vendors like Vigilant Solutions capture plate data with mobile ALPRs and then sell that data to police agencies and others.</p>
<p class="normal">In addition to capturing images of passing vehicles, mobile ALPR cameras are effective at capturing license plates of parked cars. For example, a patrol car may drive around a public parking lot capturing hundreds of vehicles’ plates in minutes.</p>
<h4 class="normal">ALPR Databases</h4>
<p class="normal">Most of this ALPR data is stored in databases for extended periods of time—often as much as five years. The databases may be maintained by the police departments, but often they are maintained by private companies such as Vigilant Technologies. Law enforcement agencies without their own ALPR systems can access data collected by other law enforcement agencies through regional sharing systems and networks operated by these private companies. Several companies operate independent, non-law enforcement ALPR databases, contracting with drivers to put cameras on private vehicles to collect the information. These data are then sold to companies like insurers, but law enforcement can also purchase access to this commercial data on a subscription basis.</p>
<h4>Hotlists</h4>
<p class="normal">Law enforcement agencies will often pre-load a list of license plates that the ALPR system is actively looking for—such as stolen vehicles and vehicles associated with outstanding warrants. Police officers can also create their own hotlists. If the ALPR camera scans a plate on the list, the system sends an alert to the officer in the squad car (if it&#8217;s a mobile reader) or the agency (if it&#8217;s a fixed reader). Some hotlists include low-level misdemeanors and traffic offenses. Some agencies use these hotlists to generate revenue by stopping citation scofflaws.</p>
<h3 class="normal"><strong> What Kinds of Data ALPRs Collect</strong></h3>
<p class="normal">ALPRs collect license plate numbers and location data along with the exact date and time the license plate was encountered. Some systems are able to capture make and model of the vehicle. <a href="http://www.policemag.com/channel/technology/articles/2016/04/lpr-technology.aspx">They can collect thousands of plates per minute.</a> One vendor brags that its dataset includes more than <a href="http://drndata.com/" target="_blank" rel="noopener noreferrer">6.5 billion scans</a> and grows at a rate of <a href="https://www.theatlantic.com/technology/archive/2016/04/how-license-plate-readers-have-helped-police-and-lenders-target-the-poor/479436/">120-million data points</a> each month.</p>
<p class="normal">When combined, ALPR data can reveal the direction and speed a person traveled through triangulation. In aggregate over time, the data can reveal a vehicle’s historical travel. With algorithms applied to the data, the systems can reveal regular travel patterns and predict where a driver may be in the future. The data also reveal all visitors to a particular location.</p>
<p class="normal">The data generally does not include the driver’s name. However, law enforcement officers can use other databases to connect individual names with their license plate numbers.</p>
<p class="normal">In addition to capturing license plate data, the photographs can reveal <a href="https://www.elsag.com/alpr-products/custom-solutions">images</a> of <a href="https://cdn2.hubspot.net/hubfs/2464672/ELSAG%20Brochures%205-15-17/M6-ss-150dpi.pdf">the vehicle</a>, the vehicle’s <a href="https://www.ncjrs.gov/pdffiles1/nij/grants/247283.pdf">drivers and passengers</a>, as well as<a href="http://www.sfgate.com/bayarea/article/License-plate-readerstracking-cars-4622476.php"> its immediate surroundings</a>—and even <a href="https://www.wsj.com/articles/SB10000872396390443995604578004723603576296">people getting in and out</a> of a vehicle. A <a href="http://www.theiacp.org/portals/0/pdfs/lpr_privacy_impact_assessment.pdf">2009 privacy impact assessment report</a> indicates that the photographs may even include bumper stickers, which could reveal information on the political or social views of the driver.</p>
<h3 class="normal"><strong>How Law Enforcement Uses ALPRs</strong></h3>
<p><center><em>A time-lapse visualization of the data collected by Oakland Police Department vehicles mounted with license plate readers</em></center><center></p>
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<div class="mytubetext"><a href="https://www.eff.org/deeplinks/2008/02/embedded-video-and-your-privacy" target="_blank" rel="noopener noreferrer">Privacy info.</a> This embed will serve content from <em><a href="https://www.youtube-nocookie.com/embed/FqMkIsUmPcI?rel=0" rel="nofollow">youtube-nocookie.com</a></em></div>
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<p></center><center> </center>ALPR data is gathered indiscriminately, collecting information on millions of ordinary people. By plotting vehicle times and locations and tracing past movements, police can use stored data to paint a very specific portrait of drivers’ lives, determining past patterns of behavior and possibly <a href="https://www.eff.org/files/2017/02/22/neal_v._fairfax_pd_-_eff_amicus_brief_file_endorsed.pdf">even predicting future ones</a>—in spite of the fact that the vast majority of people whose license plate data is collected and stored have not even been accused of a crime. Without ALPR technology, law enforcement officers must collect license plates by hand. This creates practical limitations on the amount of data that can be collected and means officers must make choices about which vehicles they are going to track. ALPR technology removes those limitations and allows officers to track everyone, allowing for faster and broader collection of license plates with far reduced staffing requirements.</p>
<p class="normal">Law enforcement has two general purposes for using license plate readers.</p>
<h4 class="normal">Real-time investigations</h4>
<p class="normal">By adding a license plate to a “hot list,” officers can use ALPR to automatically identify or track particular vehicles in real time. Licenses plates are often added to hot lists because the vehicle is stolen or associated with an outstanding warrant. Officers may also add a plate number to the list if the vehicle has been seen at the scene of a crime, the owner is a suspect in a crime, or the vehicle is believed to be associated with a gang. Hot lists often include low-level offenses, too.</p>
<h4 class="normal">Historical investigations</h4>
<p class="normal">Since ALPRs typically collect information on everyone—not just hot-listed vehicles—officers can use a plate, a partial plate, or a physical address to search and analyze historical data. For example, an officer may enter the location of a convenience store to identify vehicles seen nearby at the time of a robbery. The officer can then look up those plate numbers to find other locations that plate has been captured.</p>
<p class="normal">Training materials, policies and laws in some jurisdictions instruct officers that a hot-list alert on its own may not be enough to warrant a stop. Officers are instructed to visually confirm that a plate number is a match. Failure to manually confirm, combined with machine error, has caused wrongful stops.</p>
<p class="normal">Law enforcement claims that ALPR data has been used to, for example, recover stolen cars or find abducted children. However, police have also used ALPR data for mass enforcement of less serious offenses, such as searching for uninsured drivers or <a href="https://www.eff.org/deeplinks/2016/01/no-cost-license-plate-readers-are-turning-texas-police-mobile-debt-collectors-and">tracking down individuals with overdue court fees</a>.</p>
<p class="normal">The ACLU estimates that less than 0.2 percent of plate scans are linked to criminal activity or vehicle registration issues. Many law enforcement agencies store ALPR data for years, and share it with other law enforcement agencies and federal agencies.</p>
<p class="normal">The length of time that ALPR data is retained varies from agency to agency, from as short as mere days to as long as several years, although some entities—including private companies—may retain the data indefinitely.</p>
<h3 class="normal">Who Sells ALPR Technology</h3>
<p><center><img decoding="async" src="https://www.eff.org/files/2017/10/04/vigilant_invoice.png" /></center><a href="https://www.vigilantsolutions.com/">Vigilant Solutions</a> and <a href="https://www.elsag.com/">ELSAG</a> are the largest ALPR vendors.</p>
<p class="normal">Vigilant Solutions&#8217; subsidiary Digital Recognition Network, along with MVTrac, are the two main companies hiring contractors to collect ALPR data across the country. The companies then share the commercially-collected data not just with law enforcement but also with auto recovery (aka &#8220;repo&#8221;) companies, banks, credit reporting agencies, and insurance companies.<em>  </em>Data collected by private entities does not have retention limits and is not subject to sunshine laws, or any of the other safeguards that are sometimes found in the government sector.</p>
<p class="normal">Some jurisdictions use ALPR technology originally developed by PIPS, which was subsequently sold  to 3M. The ALPR division was more <a href="http://investors.3m.com/news/press-release-details/2017/3M-to-Sell-Its-Tolling-and-Automated-LicenseNumber-Plate-Recognition-Business/default.aspx">recently acquired</a> by Neology, Inc.</p>
<h3 class="normal">Threats Posed by ALPR</h3>
<p class="normal">ALPR is a powerful surveillance technology that can be used to invade the privacy of individuals as well as to violate the rights of entire communities.</p>
<p class="normal">Law enforcement agencies have abused this technology. Police officers in New York drove down a street and <a href="http://www.huffingtonpost.com/2012/02/24/nypd-defends-tactics-over_n_1298997.html">electronically recorded the license plate numbers of everyone parked near a mosque</a>. Police in Birmingham <a href="https://www.theguardian.com/uk/2010/oct/25/birmingham-cctv-muslim-areas-surveillance">targeted a Muslim community</a> while misleading the public about the project. ALPR data <a href="https://www.eff.org/deeplinks/2015/01/what-we-learned-oakland-raw-alpr-data">EFF obtained from the Oakland Police Department</a> showed that police disproportionately deploy ALPR-mounted vehicles in low-income communities and communities of color.</p>
<p class="normal">Moreover, many individual officers have abused law enforcement databases, including license plate information and records held by motor vehicle departments. In 1998, a Washington, D.C. police officer “<a href="https://www.wsj.com/news/articles/SB10000872396390443995604578004723603576296">pleaded guilty to extortion</a> after looking up the plates of vehicles near a gay bar and blackmailing the vehicle owners.” Police officers have also used databases to search romantic interests in <a href="http://articles.orlandosentinel.com/2013-01-22/news/os-law-enforcement-access-databases-20130119_1_law-enforcement-officers-law-enforcers-misuse">Florida</a>. A former female police officer in Minnesota discovered that her driver’s license record <a href="https://www.wired.com/2012/02/cop-database-abuse/">was accessed 425 times</a> by 18 different agencies across the state.</p>
<p class="normal">In addition to deliberate misuse, ALPRs sometimes misread plates, <a href="https://www.aclu.org/blog/san-francisco-woman-pulled-out-car-gunpoint-because-license-plate-reader-error">leading to dire consequences</a>. In 2009, San Francisco police pulled over Denise Green, an African-American city worker, handcuffed her at gunpoint, forced her to her knees, and searched both her and her vehicle—all because her car was misidentified as stolen due to a license plate reader error. Her experience led the U.S. Ninth Circuit Court of Appeals to rule that technology alone can’t be the basis of such a stop, but that judgment does not apply everywhere, leaving people vulnerable to similar law enforcement errors.</p>
<p class="normal">Aggregate data stored for lengthy periods of time (or indefinitely) becomes more invasive and revealing, and it is susceptible to both misuse and data breach. Sensible retention limits, specific policies about who inside an agency is allowed to access data, and audit and control processes could help minimize these issues. One of the better privacy protections would be for police to retain no information at all when a passing vehicle does not match a hot list.</p>
<h3 class="normal">EFF’s Work on ALPR</h3>
<p class="normal">EFF has been investigating and combating the privacy threats of ALPR technology through public records requests, litigation, and legislative advocacy since 2012.</p>
<h4 class="normal">ALPR Litigation</h4>
<p class="normal">EFF and the ACLU of Southern California <a href="https://www.eff.org/cases/automated-license-plate-readers-aclu-eff-v-lapd-lasd">sued the Los Angeles County Sheriff’s Department and the Los Angeles Police Department</a> after the agencies refused to hand over ALPR data. The agencies claimed the records were exempt from the California Public Records Act because they were investigative records. This argument amounts to claiming that all Los Angelenos are under investigation, a point that both a lawyer for the LAPD and a California Supreme Court Justice agreed sounded “Orwellian” during oral arguments. In 2017, the California Supreme Court <a href="https://www.eff.org/press/releases/electronic-frontier-foundation-aclu-win-court-ruling-police-cant-keep-license-plate">ruled</a> in EFF and ACLU’s favor and ordered the case back to the Superior court.</p>
<p class="normal">Outside of California, <a href="https://www.eff.org/deeplinks/2017/02/virginia-supreme-court-should-protect-drivers-license-plate-surveillance">EFF has filed briefs</a> in a lawsuit over the excessive storage collection of ALPR data in the state of Virginia.</p>
<h4 class="normal">ALPR Accountability and Transparency</h4>
<p class="normal">In 2015, the California legislature passed S.B. 34, a bill that requires ALPR users to protect data, maintain access logs, hold public meetings before starting an ALPR program, implement a usage and privacy policy, and maintain access logs. The law also prohibits public agencies from selling, sharing, or transferring ALPR data except to other public agencies.</p>
<p class="normal">EFF has coordinated volunteers to collect <a href="https://www.eff.org/pages/california-automated-license-plate-reader-policies">ALPR policies across the state of California</a> and to <a href="https://www.eff.org/deeplinks/2016/04/here-are-79-policies-california-surveillance-tech-where-are-other-90">expose agencies failing to comply with the law</a>. EFF has also independently filed public records requests with dozens of agencies to shine light on their use of ALPR data.<strong> </strong><strong> </strong></p>
<h4 class="normal">ALPR Security</h4>
<p class="normal">EFF <a href="https://www.eff.org/deeplinks/2015/10/license-plate-readers-exposed-how-public-safety-agencies-responded-massive">investigated</a> more than 100 ALPR cameras operated by law enforcement that were leaking data because of misconfiguration. These cameras were inadvertently publicly accessible through web browsers and Telnet interfaces. After EFF disclosed these vulnerabilities, several agencies in Louisiana and California overhauled their ALPR networks.</p>
<p class="normal">We have also contacted public safety agencies whose ALPR data was exposed online, often on websites accessible to anyone with a web browser, to responsibly disclose the security vulnerabilities we found.</p>
<p>The post <a rel="nofollow" href="https://www.phillipgilbertlaw.com/automated-license-plate-readers-alprs/">Automated License Plate Readers (ALPRs)</a> appeared first on <a rel="nofollow" href="https://www.phillipgilbertlaw.com">Phillip C Gilbert &amp; Associates</a>.</p>
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		<title>State of Oregon Reaches $698 Million Dollar Settlement with Monsanto</title>
		<link>https://www.phillipgilbertlaw.com/state-oregon-reaches-698-million-dollar-settlement-monsanto/</link>
		
		<dc:creator><![CDATA[phillipgilbertlaw.com]]></dc:creator>
		<pubDate>Fri, 16 Dec 2022 16:36:35 +0000</pubDate>
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					<description><![CDATA[<p>Ellen Rosenblum, Oregon’s attorney general, announced a nearly $700 million settlement Thursday with the biotech giant Monsanto for its alleged role in polluting the state over the course of decades with toxic compounds known as polychlorinated biphenyls, or PCBs. It’s the largest pollution settlement in Oregon’s history and by far the largest Monsanto has paid. [&#8230;]</p>
<p>The post <a rel="nofollow" href="https://www.phillipgilbertlaw.com/state-oregon-reaches-698-million-dollar-settlement-monsanto/">State of Oregon Reaches $698 Million Dollar Settlement with Monsanto</a> appeared first on <a rel="nofollow" href="https://www.phillipgilbertlaw.com">Phillip C Gilbert &amp; Associates</a>.</p>
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<p class="article-body__text article-body--padding color_dgray m-none">Ellen Rosenblum, Oregon’s attorney general, announced a nearly $700 million settlement Thursday with the biotech giant Monsanto for its alleged role in polluting the state over the course of decades with toxic compounds known as polychlorinated biphenyls, or PCBs.</p>
<p class="article-body__text article-body--padding color_dgray m-none">It’s the largest pollution settlement in Oregon’s history and by far the largest Monsanto has paid.<picture><source srcset="https://opb-opb-prod.cdn.arcpublishing.com/resizer/C3GQLv4RyxPLp8HK8aYgKQM74yU=/767x0/smart/cloudfront-us-east-1.images.arcpublishing.com/opb/JZYCOCX56NHJNDM4QMAEREW4DM.jpg" media="(max-width: 639px)" /><source srcset="https://opb-opb-prod.cdn.arcpublishing.com/resizer/C3GQLv4RyxPLp8HK8aYgKQM74yU=/767x0/smart/cloudfront-us-east-1.images.arcpublishing.com/opb/JZYCOCX56NHJNDM4QMAEREW4DM.jpg" media="(min-width: 639px) and (max-width: 1023px)" /><source srcset="https://opb-opb-prod.cdn.arcpublishing.com/resizer/C3GQLv4RyxPLp8HK8aYgKQM74yU=/767x0/smart/cloudfront-us-east-1.images.arcpublishing.com/opb/JZYCOCX56NHJNDM4QMAEREW4DM.jpg" media="(min-width: 1024px)" /></picture></p>
<p class="article-body__text article-body--padding color_dgray m-none">“Polychlorinated biphenyls have caused and continue to cause devastating impact on Oregon’s natural environment,” Attorney General Ellen Rosenblum said during a news conference in Portland. “They threaten the health of the people that use and enjoy our state’s natural resources — our air, our water, our ground, our fish, practically everything in our habitat.”</p>
<p class="article-body__text article-body--padding color_dgray m-none">Monsanto is known today for making the popular Roundup weed-killer, but from the 1930s until shortly before they were banned in 1979, Monsanto was the sole U.S. manufacturer of PCBs.</p>
<p class="article-body__text article-body--padding color_dgray m-none">In 2018, the Oregon Department of Justice filed a lawsuit against Monsanto.  In the lawsuit attorneys for the state alleged that PCBs are highly toxic and can harm people’s immune systems. “Even when Monsanto had overwhelming evidence of the hazards that PCBs create, Monsanto continued to flood the country with these toxic materials,” according to the state’s complaint. “Monsanto’s own internal documents show that it was not interested in protecting people or the environment; rather, its only concern was in protecting its balance sheet.”</p>
<p class="article-body__text article-body--padding color_dgray m-none">State representatives said that the state intends to put the settlement funds into a trust for future use.</p>
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<p>The post <a rel="nofollow" href="https://www.phillipgilbertlaw.com/state-oregon-reaches-698-million-dollar-settlement-monsanto/">State of Oregon Reaches $698 Million Dollar Settlement with Monsanto</a> appeared first on <a rel="nofollow" href="https://www.phillipgilbertlaw.com">Phillip C Gilbert &amp; Associates</a>.</p>
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		<title>Generac and DR Generators Recalled Again Due to Finger Amputation and Crushing Injury</title>
		<link>https://www.phillipgilbertlaw.com/generac-dr-generators-recalled-due-finger-amputation-crushing-injury/</link>
		
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		<pubDate>Fri, 16 Dec 2022 15:58:37 +0000</pubDate>
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					<description><![CDATA[<p>The Consumer Product Safety Commission recently re-announced the recall of 321,160 Generac and DR 6500-watt and 8000-watt portable generators sold in the United States, and another 4,575 sold in Canada. This second recall came in the wake of a finger amputation and crushing injury following an original recall of the same generators in July of [&#8230;]</p>
<p>The post <a rel="nofollow" href="https://www.phillipgilbertlaw.com/generac-dr-generators-recalled-due-finger-amputation-crushing-injury/">Generac and DR Generators Recalled Again Due to Finger Amputation and Crushing Injury</a> appeared first on <a rel="nofollow" href="https://www.phillipgilbertlaw.com">Phillip C Gilbert &amp; Associates</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>The Consumer Product Safety Commission recently re-announced the recall of 321,160 Generac and DR 6500-watt and 8000-watt portable generators sold in the United States, and another 4,575 sold in Canada. This second recall came in the wake of a finger amputation and crushing injury following an original recall of the same generators in July of last year.   An unlocked handle can pinch users’ fingers against the generator frame when the generator is moved, posing finger amputation and crushing hazards, the announcement said.</p>
<p>According to the CPSC, Waukesha, Wis.-based Generac Power Systems, which owns the DR brand, has received a total of 37 reports of injuries, 24 resulting in finger amputations and five in finger crushings. The original, 2021 recall reported eight injuries—seven resulting in finger amputations and one in a crushed finger. A Generac spokesperson told CR that of the 37 total incidents, one occurred after the original recall—and remedy—were issued.</p>
<p>Judy Echavez, a spokesperson for the CPSC, said the agency reannounces recalls from time to time, and the reasons vary. &#8220;It could be a slow response to the first recall, or additional incidents,&#8221; she said. &#8220;Sometimes the companies request a reannouncement.&#8221;</p>
<p>The Generac spokesperson said the company has developed a new repair kit consisting of a set of spacers that can be added to the unit to move the handle away from the frame.</p>
<p>The post <a rel="nofollow" href="https://www.phillipgilbertlaw.com/generac-dr-generators-recalled-due-finger-amputation-crushing-injury/">Generac and DR Generators Recalled Again Due to Finger Amputation and Crushing Injury</a> appeared first on <a rel="nofollow" href="https://www.phillipgilbertlaw.com">Phillip C Gilbert &amp; Associates</a>.</p>
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		<title>What You Should Do If You’re Involved In An Accident (Part I – Injuries/Treatment)</title>
		<link>https://www.phillipgilbertlaw.com/youre-involved-accident-part-injuries-treatment/</link>
		
		<dc:creator><![CDATA[phillipgilbertlaw.com]]></dc:creator>
		<pubDate>Wed, 14 Apr 2021 21:59:45 +0000</pubDate>
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					<description><![CDATA[<p>We’re often asked by our clients what they should have done after having been involved in the accident (the term “accident” is actually a misnomer, as is discussed in a previous blog post). In some respects, the answer to that question depends on the nature of the accident (i.e. whether it was a“fender bender” or [&#8230;]</p>
<p>The post <a rel="nofollow" href="https://www.phillipgilbertlaw.com/youre-involved-accident-part-injuries-treatment/">What You Should Do If You’re Involved In An Accident (Part I – Injuries/Treatment)</a> appeared first on <a rel="nofollow" href="https://www.phillipgilbertlaw.com">Phillip C Gilbert &amp; Associates</a>.</p>
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										<content:encoded><![CDATA[<p>We’re often asked by our clients what they should have done after having been involved in the accident (the term “accident” is actually a misnomer, as is discussed in a previous blog post). In some respects, the answer to that question depends on the nature of the accident (i.e. whether it was a“fender bender” or instead a more violent collision) and the extent of the injuries, if any, the person suffered.</p>
<p>Your first priority after you’ve been involved in an accident should be your health (as opposed to speaking with the driver of the other vehicle, taking photographs with your cell phone, etc.). If you’re experiencing any pain, or lost consciousness, or aren’t thinking clearly (which can be indicative of a concussion), then you’ll want to request, or wait for medical personnel (i.e. ambulance or fire department paramedics) to arrive and evaluate you. Calling 911 should make this happen, and should also lead to a local police agency responding, and investigating. As should be obvious, you’ll want to follow all of the advice given to you by the responding paramedics, i.e. going to a hospital by ambulance if recommended.</p>
<p>In the event that you have no feeling (“sensation”) in any of your arms or legs, it is critical that you do your best not to move, at all, until you can be evaluated for a possible spinal cord injury, i.e. if a vertebra fractures and injures the spinal cord. In such a case it is critical to the best possible recovery from that injury that experts stabilize, and then transport you, to avoid, or limit any additional injury from the transport process.</p>
<p>Not infrequently, immediately after being involved in an accident a person may not be sure that they have sustained injury. Often, our clients describe having felt as though they were “in shock”immediately following an accident. Most often in such a case, the person begins to notice pain later that same day, or when they wake up the following day. When this is the case, you absolutely should be checked out medically, whether that be by your primary care physician, or at a nearby emergency room or urgent care clinic, etc.</p>
<p>Digressing for a moment, you may be concerned about being able to cover the medical expenses associated with a ride in an ambulance and evaluation in an emergency room. You likely shouldn’t be; particularly if you are an Oregon resident. Per Oregon law, your auto insurance policy will include a minimum of $15,000.00 in “personal injury protection” (often referred to by the acronym“PIP”) coverage for your medical treatment expenses (if you are a passenger, the vehicle owner’s policy should provide the same coverage to you).</p>
<p>The nature and extent of your injuries will dictate the follow-up medical care that you receive, which may range from surgery (i.e. if you sustain a fracture, herniated disc, etc.) to physical therapy treatment, chiropractic treatment, and so forth. It is critically important both for your health, and for your claim, that you: (A) are completely honest with each medical care provider that you see; and (B) that you follow all of the treatment recommendations that you receive. Regarding the former, unfortunately, over the years we have worked on more than a few cases wherein the person for some reason failed to inform one or more of their treatment providers about pertinent pre-existing conditions that they had, i.e. having previously been in an accident and sustaining similar injuries and undergoing similar treatment. When this occurs, the value of the person’s claim is reduced dramatically, as the liability insurance company will doubtlessly be aware of the prior injury, treatment, and claim.</p>
<p>Turning to the importance of following all of your treatment providers’ recommendations (and attending all of your scheduled visits), not only is this a wise thing to do in order to achieve the best possible recovery, it is also critical to insuring that your are compensated fairly when your case is resolved. If your medical records indicate that one or more of your care providers gave you recommendations that you chose not to follow, you can count on the liability insurance company for the at-fault party to pick up on that, and make the argument that any claim that you sustained permanent injury is not credible because you failed to try all of your physicians’ recommendations.</p>
<p>This post is necessarily generalized in nature. Of course, each person’s injuries, and claim, is different; in order for us to provide someone with true “advice” we would need to be retained so that we could evaluate the details of their claim and provide case-specific guidance.</p>
<p>In this same regard I will conclude by noting that we are sometimes asked whether someone who has been injured in an accident should retain an attorney right away, or instead wait to first learn how much they’ll be offered to settle the claim. In the vast majority of cases, it is wise to retain counsel immediately. In many cases there can be certain evidence that is available for only a short time following an accident, and only an experienced attorney would recognize, and be able to timely“preserve” that evidence for later use in settling the claim and/or trying the case. As well, our fee is completely contingent in nature no matter when we’re retained, and so for that reason, as well, it also makes sense to hire an attorney as soon as possible.</p>
<p>If you have any questions, please return to our Home page and use the contact tool to reach out to us; we’ll get back to you promptly.</p>
<p>The post <a rel="nofollow" href="https://www.phillipgilbertlaw.com/youre-involved-accident-part-injuries-treatment/">What You Should Do If You’re Involved In An Accident (Part I – Injuries/Treatment)</a> appeared first on <a rel="nofollow" href="https://www.phillipgilbertlaw.com">Phillip C Gilbert &amp; Associates</a>.</p>
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		<title>Why the Term &#8220;Car Accident&#8221; is a Misnomer</title>
		<link>https://www.phillipgilbertlaw.com/term-car-accident-misnomer/</link>
		
		<dc:creator><![CDATA[phillipgilbertlaw.com]]></dc:creator>
		<pubDate>Sun, 31 Jan 2021 19:17:04 +0000</pubDate>
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		<guid isPermaLink="false">http://www.phillipgilbertlaw.com/?p=806</guid>

					<description><![CDATA[<p>It goes without saying that the term &#8220;car accident&#8221; (and the related terms &#8220;auto accident&#8221; and &#8220;motor vehicle accident&#8221;) are commonly used to describe vehicle collisions1 that produce injuries to one or more of the vehicle occupants and/or damage to the property of one or more of those involved. The issue we are addressing herein [&#8230;]</p>
<p>The post <a rel="nofollow" href="https://www.phillipgilbertlaw.com/term-car-accident-misnomer/">Why the Term &#8220;Car Accident&#8221; is a Misnomer</a> appeared first on <a rel="nofollow" href="https://www.phillipgilbertlaw.com">Phillip C Gilbert &amp; Associates</a>.</p>
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										<content:encoded><![CDATA[<p>It goes without saying that the term &#8220;car accident&#8221; (and the related terms &#8220;auto accident&#8221; and &#8220;motor vehicle accident&#8221;) are commonly used to describe vehicle collisions<sup style="font-size: 80%; background-color: #ccc;">1</sup> that produce injuries to one or more of the vehicle occupants and/or damage to the property of one or more of those involved. The issue we are addressing herein is whether the term &#8220;accident&#8221; should be used in this context.</p>
<p>Legal Dictionary.com defines the term &#8220;car accident&#8221; as follows: &#8220;A car accident, also referred to as a &#8220;traffic collision,&#8221; or a &#8220;motor vehicle accident,&#8221; occurs when a motor vehicle strikes or collides with another vehicle, a stationary object, a pedestrian, or an animal. While some car accidents result only in property damage, others result in severe injuries or death.&#8221; While this definition is fairly straightforward and no doubt tracks with our own use of the term (&#8220;car accident&#8221;), it begs the question of whether the use of the word &#8220;accident&#8221; is actually appropriate.</p>
<p>The term &#8220;accident&#8221; traces back to the Ancient Geek term &#8220;symbebekos&#8221; from the present participle of &#8220;accidere,&#8221; which was used to describe falling down, impinging upon, being heard, or to happen. Subsequently, the term was modified when used in Latin, and became &#8220;accidens,&#8221; and was used to describe a chance event.<sup style="font-size: 80%; background-color: #ccc;">2</sup> Moving forward in time to the present, the term &#8220;accident&#8221; is defined as: &#8220;any event that happens unexpectedly, without a deliberate plan or cause&#8221;.<sup style="font-size: 80%; background-color: #ccc;">3</sup> Our contention is that the use of the word &#8220;accident&#8221; is not appropriate in referring to vehicle crashes, because the term &#8220;accident&#8221; implies that fate led to the collision and the resulting injuries that occurred, when in fact the cause of the crash was the negligence of one or more of those involved.</p>
<p>With extremely limited exceptions, i.e. lightning strikes and other &#8220;Acts of God,&#8221; vehicle crashes occur because one or more of the individuals involved in the collision were negligent in some way. What is &#8220;negligence,&#8221; you may ask. &#8220;Negligence&#8221; is a legal term that refers to instances when the law determines that one party (the &#8220;defendant&#8221;) is liable to another party (the &#8220;plaintiff&#8221; who is asserting the claim) because their (the defendant’s) actions or omissions caused the plaintiff to suffer bodily injury and/or damage to their property. A fairly classic real-life example of this is when one person causes their car to &#8220;rear end&#8221; another person’s car, due to inattention or the like<sup style="font-size: 80%; background-color: #ccc;">4</sup>, causing the person in front to sustain injury and property damage.</p>
<p>The use of the term &#8220;accident&#8221; is thus technically, and legally, inappropriate when used to describe a vehicle crash, because it arguably implies that the collision occurred as a product of misfortune, or fate, when in fact it occurred because someone was negligent in the operation of their vehicle. The more appropriate terms to describe a collision caused by the negligence of one or more of the persons involved are &#8220;car crash,&#8221; &#8220;vehicle collision,&#8221; or &#8220;motor vehicle crash.&#8221;</p>
<p>It’s interesting to note that academia, and the government, have also engaged in similar analyses and reached similar conclusions. For example, in 1978, Dr. Theodore C. Doege, asserted in a medical journal article that injury is not the result of an &#8220;accident&#8221; because that term suggests it is a random act,attributable to chance, and lacks fault, which is untrue. As such, Doege argued for replacing the term &#8220;accident&#8221; with the term &#8220;injury.&#8221;<sup style="font-size: 80%; background-color: #ccc;">5</sup></p>
<p>Our country’s federal government agrees that the term &#8220;auto accident&#8221; is a misnomer. More specifically, on June 8, 1997, the U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) announced its campaign to encourage the removal of the word &#8220;accident&#8221; from use and two months later released a proclamation that the word accident would no longer be used by the agency.<sup style="font-size: 80%; background-color: #ccc;">6</sup></p>
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<p><sup style="font-size: 80%; background-color: #ccc;">1</sup> Including automobile injury collisions, truck injury collisions, motorcycle injury crashes, car vs. pedestrian injury collisions, etc.<br />
<sup style="font-size: 80%; background-color: #ccc;">2</sup> Source: Merriam-Webster online Dictionary.<br />
<sup style="font-size: 80%; background-color: #ccc;">3</sup> Dictionary.com.<br />
<sup style="font-size: 80%; background-color: #ccc;">4</sup> For those interested in a more technical analysis, pursuant to Oregon law &#8220;negligence&#8221; is defined as an individual’s actions or omissions that result in a reasonably foreseeable and unreasonable risk of harm to a protected interest of the kind that the plaintiff in fact suffered. See e.g. Farnworth v. Rossetto, 285 Or.App. 10, 19, 396 P.3d 272 (2017).<br />
<sup style="font-size: 80%; background-color: #ccc;">5</sup> Doege, TC, An Injury is no Accident, N Engl J Med. 1978;298(9):509–510.<br />
<sup style="font-size: 80%; background-color: #ccc;">6</sup> Anikeeff P. &#8220;Crashes Aren’t Accidents&#8221; Campaign. National Highway Traffic Safety Administration. 1997 Aug 11;3(11):1–2.</p>
<p>The post <a rel="nofollow" href="https://www.phillipgilbertlaw.com/term-car-accident-misnomer/">Why the Term &#8220;Car Accident&#8221; is a Misnomer</a> appeared first on <a rel="nofollow" href="https://www.phillipgilbertlaw.com">Phillip C Gilbert &amp; Associates</a>.</p>
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		<title>The Origins of, and Development of “Personal Injury” Law</title>
		<link>https://www.phillipgilbertlaw.com/origins-development-personal-injury-law/</link>
		
		<dc:creator><![CDATA[phillipgilbertlaw.com]]></dc:creator>
		<pubDate>Fri, 01 Jan 2021 14:45:13 +0000</pubDate>
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		<guid isPermaLink="false">http://www.phillipgilbertlaw.com/?p=797</guid>

					<description><![CDATA[<p>What exactly is a “personal injury” claim, you may ask. Generally speaking, a personal injury claim is a claim wherein someone seeks reasonable compensation (in the American legal system, the types of compensation that can be recovered are referred to as “damages”) for injury to their body and/or to their mind (i.e. psychological injuries and [&#8230;]</p>
<p>The post <a rel="nofollow" href="https://www.phillipgilbertlaw.com/origins-development-personal-injury-law/">The Origins of, and Development of “Personal Injury” Law</a> appeared first on <a rel="nofollow" href="https://www.phillipgilbertlaw.com">Phillip C Gilbert &amp; Associates</a>.</p>
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										<content:encoded><![CDATA[<p>What exactly is a “personal injury” claim, you may ask. Generally speaking, a personal injury claim is a claim wherein someone seeks reasonable compensation (in the American legal system, the types of compensation that can be recovered are referred to as “damages”) for injury to their body and/or to their mind (i.e. psychological injuries and conditions, such as post traumatic stress disorder, anxiety, depression, etc.), which injuries are caused by the tortious<sup style="font-size: 80%; background-color: #ccc;">1</sup> actions of someone else. Well known examples of such a claim would include claims for injuries caused in a car accident or truck accident, and slip-and-fall or trip-and-falls claims caused by someone’s negligent maintenance of their property.</p>
<p>The history of personal injury law is interesting, and dates back thousands of years.</p>
<p>Many identify Hammurabi’s<sup style="font-size: 80%; background-color: #ccc;">2</sup> Code of 1780 BC as the genesis of modern personal injury law. In his Code, Hammurabi established what is now referred to as the “Law of Retaliation,” (Latin translation: lex talionis) also known as the law of “an eye for an eye.” The underlying principles arose from Babylonian Law which recognized that in society without any “rule of law,” if a person was hurt, then the injured person (or their relative) would take vengeful retribution on the person who caused the injury. The retribution might be worse than the crime, perhaps even death. Babylonian law put a limit on such actions by prohibiting the retribution from being more severe than the crime (as long as victim and offender occupied the same status in society).</p>
<p>The same “eye for an eye” retributive law principles are also advanced in The Old Testament, in Exodus 21: 22-25: “(22) If men strive, and hurt a woman with child, so that her fruit depart from her, and yet no mischief follow: he shall be surely punished, according as the woman&#8217;s husband will lay upon him; and he shall pay as the judges determine. (23) And if any mischief follow, then thou shalt give life for life, (24) Eye for eye, tooth for tooth, hand for hand, foot for foot, (25) Burning for burning, wound for wound, stripe for stripe.”</p>
<p>Retributive justice (“Qisas”) is also approved of in the Islamic Qur&#8217;an<sup style="font-size: 80%; background-color: #ccc;">3</sup>, 2:178: &#8220;O you who have believed, prescribed for you is legal retribution for those murdered – the free for the free, the slave for the slave, and the female for the female. But whoever overlooks from his brother anything, then there should be a suitable follow-up and payment to him with good conduct. This is an alleviation from your Lord and a mercy. But whoever transgresses after that will have a painful punishment.&#8221;</p>
<p>Chronologically, the next significant development in the law, according to many scholars, was the development of formal legal systems in Europe. By the late 1400s, Europe effectively had two systems of law. The majority nations in that continent were ruled by Canon Law, which was closely linked to the Roman Catholic Church. This system of law relied on the church and on monarchies to establish rules and laws, so often rulings favored the wealthy and powerful. In England, however, “Common Law” prevailed. In this type of law, precedents and past rulings determined legal issues. The courts had the power to interpret and apply law. As a result, laws and legal texts tended to be longer than in Canon Law. And, since legislators were not the ones interpreting the laws, the system was, in theory, more equitable for those who were not part of the ruling classes.</p>
<p>Of course, as with anything, the English “Common Law” system evolved with the passage of time. The 1600&#8217;s, in particular, were important for establishing an important principle in English Common Law known as res ipsa loquitur, which, translated from the Latin, means “the thing itself speaks.” This legal principle embodies the concept that some things do not happen as a natural occurrence (happen only due to the actions or omissions of someone) , and thus if they do occur, someone must be responsible<sup style="font-size: 80%; background-color: #ccc;">4</sup>. As well, by the 1600&#8217;s, plaintiffs bringing a claim under English Common Law who had suffered income loss because of someone’s actions could also be awarded compensation for these losses by a court.</p>
<p>One important English court case warrants mention in a discussion of the history of personal injury law. The case is Donoghue v. Stevenson<sup style="font-size: 80%; background-color: #ccc;">5</sup>. In that 1932 case, the plaintiff brought a claim seeking compensation for having become ill after drinking a bottle of ginger beer that contained the remains of a decomposed snail. The House of Lords held that the defendant manufacturer owed a “duty of care” to the plaintiff, which duty had been breached, because it was reasonably foreseeable that failure to ensure the product&#8217;s safety on the part of the defendant product manufacturer would lead to harm to consumers, such a the plaintiff. Importantly, prior to this court decision liability for personal injury depended upon showing physical damage that had been directly inflicted by the defendant. The Donoghue decision created a new type of liability in the law, moving from strict liability based upon direct physical contact to a fault-based system which only required injury.</p>
<p>Our American civil justice system, including with reference to personal injury claims specifically, is, in significant part, based on the English “Common Law” system.</p>
<p>Please <a href="http://www.phillipgilbertlaw.com/about/">contact</a> our <a href="tel:5034659600">office</a> or another experienced personal injury firm if you have questions about your claim and the statute of limitations period that applies to it.</p>
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<p><sup style="font-size: 80%; background-color: #ccc;">1</sup> The legal term “tort” refers to numerous types of claims or “causes of actions,” such as claims for negligence (i.e. injury claims arising from car accidents, truck accidents, pedestrian accidents, etc); claims for assault (a type of an “intentional” tort); and claims for “strict liability” (often a legal theory available for injuries resulting from a defective product).<br />
<sup style="font-size: 80%; background-color: #ccc;">2</sup> Hammurabi was the sixth king of the First Babylonian dynasty of the Amorite tribe, reigning from circa 1792 BC to circa 1750 BC.<br />
<sup style="font-size: 80%; background-color: #ccc;">3</sup> Written between 610 AD and 632 AD.<br />
<sup style="font-size: 80%; background-color: #ccc;">4</sup> For example, if an auto accident occurs, this is clearly not a case of spontaneous or natural occurrence; meaning that someone must have caused the accident.<br />
<sup style="font-size: 80%; background-color: #ccc;">5</sup> [1932] UKHL 100</p>
<p>The post <a rel="nofollow" href="https://www.phillipgilbertlaw.com/origins-development-personal-injury-law/">The Origins of, and Development of “Personal Injury” Law</a> appeared first on <a rel="nofollow" href="https://www.phillipgilbertlaw.com">Phillip C Gilbert &amp; Associates</a>.</p>
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