Motorcyclist Injured by SUV

A SUV was going northbound on Gateway Street in Springfield and turned left to go into the Shoppes at Gateway, directly in front of a southbound motorcyclist who had a green light. After the crash, the motorcyclist was taken from the scene to the emergency department at RiverBend hospital. The SUV driver was cited for failing to yield the right of way.

The motorcyclist was Jeff, a local man who worked in construction. The initial hospital x-rays show a fracture in his foot and a possible tibial plateau fracture at the knee. Jeff was placed in a posterior long leg splint and was provided crutches. He was told to remain non-weightbearing in his right lower extremity until he could be evaluated by an orthopedic surgeon.

Jeff followed up with a local Slocum orthopedist, who diagnosed him with a crushing injury of right knee, contusion of right tibia, and fractures in the foot and toes. The orthopedist referred Jeff to physical therapy for joint mobilization, strengthening, gait training, a progressive home exercise program, proprioceptive training, and range of motion therapy. A few weeks later, Jeff rolled over in bed, felt a pop, and had extreme pain, throbbing, and swelling in his right lower leg. He went to McKenzie Willamette Hospital, still with the boot on his right leg. The Emergency Room doctor ordered an ultrasound, which showed a life-threatening blood clot in a leg vein which was caused by the required immobilization of Jeff’s injured leg after the crash. Jeff was put on anticoagulant therapy medications for months. Jeff was also placed in a knee immobilizer for his knee injuries, and provided a wheelchair.

Jeff missed a good stretch of time from his work in the trades, which put financial pressure on him. We obtained a policy limits settlement from the inattentive SUV driver, but Oregon’s statutory minimum auto liability limits are so low that this insurance was inadequate to cover even Jeff’s initial medical bills. We then turned our focus to making an Underinsured Motorist (UIM) claim for Jeff. UIM coverage is like buying more insurance for a negligent driver who might injure you or a member of your family. UIM insurance directly benefits the person who buys that coverage, so it makes sense to get more than the statutory minimum amount. When an injured person makes a UIM claim, in some ways it’s like making a claim against the adverse insurance company, as the injured person’s interests (to receive fair compensation) are in direct conflict with their insurance company’s interests (make a profit).

Jeff’s case illustrates the fact that sometimes injuries are missed in the hospital emergency room. His case is also a reminder that medical complications from a crash can develop some time after the original injury. What started as serious but treatable orthopedic injuries turned into a circulatory system condition that had the potential to cause loss of life or limb. The full extent of an injured person’s harms and losses may not be known until some after a crash.

Client names and identifying details have been changed to protect confidentiality.