Teenager and Mother Injured in Single-Vehicle Crash

Date:  January 26, 2012
Location:  Highway 219, near St. Paul
Names:  Zachary Adams, Shawnee Adams

A St. Paul teenager and his mother were injured in a single-vehicle crash on Highway 219 Thursday morning. Police have said the teen driver had nodded off behind the wheel.

According to the report in The Oregonian, Zachary Adams, 15, was westbound in a Jeep Grand Cherokee shortly before 8 a.m., when he apparently started to fall asleep. The Jeep drifted across the center line, and Adams’ mother, Shawnee Adams, 41, tried to get his attention. Zachary made an attempt to get back on the right side of the road, but over-corrected and lost control of the vehicle. The Jeep left the road, spun and hit a power pole before finally coming to rest in a field.

Both mother and son were taken to Salem Hospital. Zachary was treated and released, but Shawnee remained in the hospital for treatment of injuries described as non-life threatening.

We would like to wish both Zachary and Shawnee Adams a full and speedy recovery from their injuries, and we hope Shawnee is out of the hospital soon.

Many questions arise out of a car crash. And unfortunately, our minds don’t often focus on recovering; they usually go directly to the financial – medical bills, insurance policies, lost wages. How will you and your family get through it? Fortunately, victims have resources. And the first thing you should do after getting the medical help you need is to go to our website to read our free tips, download helpful documents, or request a free copy of our book. And if that’s not enough, you can always contact us to ask us any questions.

Hubbard Oregon Woman Killed Crossing Hwy 99

Date:  January 25, 2012
Location:  Highway 99E and D Street, Hubbard
Names:  Camila Salvador Maximiano, Jesse R. Davis

A Hubbard woman was killed Wednesday evening as she tried to cross Highway 99E. The victim was struck by a van turning left from D Street onto 99E.

The report on KATU.com says that at about 6:20 p.m., a 2008 Chevrolet van being driven by Jesse Davis, 30, from Woodburn, was westbound on D Street in Hubbard. Davis’ van was stopped at a traffic light at the junction of D Street and Highway 99E, and when the light turned green, he attempted to turn left onto 99E. At the same time, Camila Salvador Maximiano, 59, from Hubbard, was in a crosswalk attempting to cross the highway. The Chevrolet van struck Maximiano, according to OSP Sergeant Bob Charpentier. Aurora Fire Department personnel called to the scene, and Maximiano was rushed by LifeFlight to Legacy Emanuel Medical Center in Portland, but she died from her injuries.

We send our heartfelt sympathies to the Maximiano family, and our condolences for their tragic loss.

Wrongful death claims are allowed by law. ORS 30.010-30.100.

The statute of limitations for a wrongful death claim is tricky. It is “three years after the injury causing the death . . . is discovered or reasonably should have been discovered. . . .”  In other words, it’s not three years from the date of death; it’s three years from the date of the original injury that ultimately caused the death. If a person goes into a coma from a car crash, and dies eight months later, the case will have to be brought within three years from the date of the car crash, not from the date of the death.

Compensation available includes charges for medical expenses; memorial and burial services; compensation for the person’s pain, suffering, disability, and loss of income from the time of the injury through the time of death; financial losses to the person’s family or other heirs; compensation for the loss of companionship and services to the person’s spouse, children, stepchildren, stepparents and parents; and punitive damages may sometimes be available as well.

The law caps the amount of noneconomic damages at $500,000. This does not apply to economic damages, which are not capped.

 

Pedestrian Injured When Two Cars Collide

Date:  January 24, 2012
Location:  185th Avenue and West Baseline Road, Hillsboro
Names:  Not yet released

One driver and one pedestrian were injured Tuesday morning after two cars collided in Hillsboro. The pedestrian was struck by a Mini Cooper which had been rear-ended by a Lexus trying to make an illegal left hand turn.

Hillsboro Police Department spokesman, Lieutenant Mike Rouches, said that just before 11:45 a.m., a Lexus traveling east on Baseline Road tried to make an illegal left turn onto a northbound lane of 185th Avenue. Rouches told OregonLive.com that the Lexus struck the rear of a Mini Cooper, and the collision pushed the Mini into a median, where a female pedestrian was waiting to cross the street. The Mini struck the woman, who was still lying in the street when police arrived. Lt. Rouches said she was conscious and alert, but she was taken by ambulance to Legacy Emanuel Medical Center in Portland, along with the driver of the Mini Cooper.

The driver of the Lexus was reportedly not injured. According to Rouches, the Lexus driver will be cited with making an illegal left turn, and investigations are continuing, though neither drugs nor alcohol appeared to be factors in the accident.

We would like to wish the two people injured in Tuesday’s accident a full recovery from their injuries, and we hope they are out of the hospital very soon.

Many questions arise out of a car crash. And unfortunately, our minds don’t often focus on recovering; they usually go directly to the financial – medical bills, insurance policies, lost wages. How will the pedestrian who was struck, as well as the driver of the Mini, get through it?

If a pedestrian is hit in a crosswalk, it is generally considered the driver’s fault. However, just like everything in the law, there are exceptions. It was the Mini Cooper that hit the pedestrian, but was the driver of the Lexus responsible? In most cases, the pedestrian or the pedestrian’s family will be able to get legal compensation. All cases are different, of course, so contact a knowledgeable pedestrian accident lawyer if you have any questions about your case.

Victims have resources. That’s why we’re here. We’re not ambulance chasers; we’re lawyers who feel it is our duty to help injured people deal with the insurance companies. And the first thing the two people who were injured should do after getting the medical help they need is to go to our Portland personal injury website – not to give us their business, but to read our free tips, download helpful documents, or request a free copy of our book. And if that’s not enough, they can always contact us to ask us any questions.

 

Medical Condition May Have Caused Crash That Killed

Date:  January 23, 2012
Location:  Bend, Oregon
Names:  Dodd Ernest Hook, Jeanne Coward

The driver of an SUV that struck a car, killing the woman inside, pleaded not guilty to all charges against him on Monday. The crash occurred in November, 2009, on Highway 97 near Deschutes Junction.

Dodd Ernest Hook, 49, of Bend, had been driving erratically on the day in question, according to Deschutes County deputies. Hook’s northbound Ford Explorer sideswiped an SUV north of Bend, failed to stop, then crashed into the back of a car being driven by Jeanne Coward, 69, who died from her injuries.

A friend of Dodd’s told KTVZ.com that Hook is a diabetic who wears devices to monitor his blood-sugar levels and inject insulin into his body as required. The friend, who asked not be named, thinks Hook mostly likely suffered a diabetic reaction and passed out just prior to the crash. Hook also sustained broken ribs in the crash. He faces charges of first and second degree manslaughter, reckless driving, recklessly endangering another person and second degree criminal mischief.  After his not guilty plea, a trial date was set for September 11.

We are mindful of the stress and anguish Jeanne Coward’s family must be going through at this trying time, and we send them our best wishes.

When a driver passes out due to a medical condition, it can be difficult to figure out whose fault it is. You may be surprised to read this from a personal injury attorney, but it may be nobody’s fault. A freak accident is what we call an “act of God,” and nobody gets blamed.

But, here are some other possibilities:

-The driver may have been on medication that specifically stated he shouldn’t drive. That would make it the driver’s fault.

-The driver may have been on medication that did not state he shouldn’t drive, but should have! That would make it the fault of whoever produced, tested, and labeled the medication.

-The driver may have been on medication that should state that he shouldn’t drive, but the pharmacist mislabeled it. Pharmacy’s fault.

-The driver’s doctor may have misdiagnosed a condition, and therefore failed to tell the driver that he shouldn’t be driving.

There’s no way to know what actually happened to cause this tragedy without further investigation. This is certainly a situation that can get complicated fast. A personal injury attorney can help guide you through the process.

Drunk Driver Crashes into Guardrail, Injures Self and Four Passengers

Date:  January 21, 2012
Location:  Highway 126, near Prineville
Names:  Luis Villagomez, Humberto Ortiz, Anthony Villagomez, Alfredo Vargas, Tisa Ladd

Crook County sheriff’s deputies say speed and alcohol were both contributing factors in a crash that sent five people to the hospital with various injuries. The accident happened just before 2:30 a.m. Saturday morning, near Prineville.

Sergeant Travis Jurgens told KTVZ.com that as he drove east on Highway 126 and approached SW Rimrock Road, he saw a 1992 Acura speeding west across the Crooked River Bridge. As the Acura passed Sgt. Jurgens’ car, the driver, identified as Luis Villagomez, 22, tried to make a hard left onto Rimrock Road. Instead, the Acura went out of control, slid through the intersection and crashed into a guardrail.

Ambulances arrived and took Vollagomez and his four passengers were all taken to Pioneer Memorial Hospital in Prineville. The other occupants were named as Humberto Ortiz, 21; Anthony Villagomez, 19; Alfredo Vargas, 22, and Tisa Ladd, 22. Ortiz was later taken by AirLink helicopter to St. Charles Medical Center in Bend.

Luis Villagomez refused treatment at the hospital and was arrested on charges of DUII, reckless driving and reckless endangering. Police say additional charges are likely.

We would like to wish all those injured in this accident a full and speedy recovery from their injuries.

Drinking and driving is a crime. It’s reckless. It raises the stakes and probably the amount of money passengers could recover, if they decide to pursue justice from the driver’s insurance company. However, if the passengers knew the driver was drunk, then they are partly at fault as well, in the eyes of the law, and that would be taken into account in any settlement with the driver’s insurance company. In the wake of an accident like this, each person must deal with it in whatever way works best for them. We would never try to talk someone into taking legal action. It is an individual decision that can only be made by the families of those who were injured.

Man Shot in the Leg During Fight, Shooter Arrested for Assault

Date:  January 22, 2012
Location:  3600 block, SE 85th Avenue, Portland
Names:  Brad Yeager, Zachary Lloyd

A Portland man is recovering in a local hospital after being shot several times in the leg early Sunday morning. Police have charged the man they believe carried out the shooting.

Portland Police officers were called to a home in the 3600 block of SE 85th Avenue just before 4:45 a.m. Sunday. They arrived to find several people in the house, all of whom know each other, who said there had been an argument that turned violent. Brad Yeager, 26, had been shot a number of times in the leg. An ambulance was called and Yeager was taken to the hospital with injuries that are not thought to be life threatening.

According to the report on KATU.com, police later arrested Zachary Lloyd, 25, and charged him with assault. Lloyd was taken to the Multnomah County Detention Center, where he is being held on $250,000 bail.

We hope Yeager makes a complete recovery from his injuries after this frightening attack.

Intentional assault cases can be complicated. Besides criminal charges, the assailant can also be held accountable in a personal injury case. Victims of assault may also be entitled to compensation under personal injury law, so it is important to understand your rights in this situation.

Even if the person who assaulted you cannot pay, sometimes their insurance company will. You might be entitled to economic, non-economic, and punitive damages. A skilled Oregon assault attorney can investigate this for you, and handle your case, so you can focus on healing and recovery.