Man Killed in SE Portland Hit and Run Car Crash
Date: January 28, 2012
Location: SE Foster Road intersection with SE 71st Avenue
Names: Jason Lee Grant
Portland police are trying to find the driver of a dark-colored pickup or SUV that may have been involved in a hit-and-run accident in Southeast Portland Saturday evening. The pedestrian who was hit by the vehicle has died from his injuries.
The accident happened at about 7 p.m. Police received reports that a pedestrian had been hit at the junction of SE Foster Road and SE 71st Avenue. Witnesses said the driver of the suspect vehicle continued east on Foster Road, without ever stopping. Officer Erik Koppang told The Oregonian that the vehicle is likely to have front end or hood damage.
The injured man, Jason Lee Grant, 26, of Vancouver, was taken to a Portland hospital, but he later died from his injuries. Police only released his name Monday after next of kin had been notified.
Our hearts go out to the Jason Grant’s family during this difficult time.
Hit-and-run is a serious crime, and conviction will result in your driving privileges being suspended or revoked. In any accident, you have the following obligations:
* Stop at once. If anyone is killed or unconscious, you must stay at the scene until a police officer arrives.
* Render aid. Do not move an injured person carelessly, but give reasonable aid
* Exchange information with the other driver. Give them your name, address, driver’s license number, license plate number, and insurance information. DMV offers a printable checklist you can download and keep in your car.
* Report the accident to DMV.
We can’t help being horrified by this hit-and-run. The driver of this vehicle may have frightened and in shock, but that does not excuse leaving Grant injured at the scene. Grant was dying, and leaving him was inexcusable. We implore drivers in any accident situation to put the safety and welfare of others above their own interests, and always, always remain at the scene and make sure no one is hurt.
Hit-and-run is a serious violation of Oregon Vehicle Code 811.705. The hit-and-run driver must be held civilly and criminally responsible for his actions. In a case like this, Grant’s family may be well advised to contact a reputed personal injury attorney with experience in hit-and-run crashes who will fight for the justice and compensation that they deserve. At Shulman DuBois, we believe that what happened to Jason Grant is simply unacceptable; we are committed to making sure that hit-and-run drivers are held accountable for their actions and that both victims and families receive the compensation they deserve.
Pedestrian Dies in Wood Village After Being Struck by Car
Date: January 26, 2012
Location: West Arata Road at Wood Village Boulevard
Names: Daniel Fry, Harmony King
The East County Vehicular Crimes Team is continuing its investigation into a Thursday evening accident in which a 63-year-old pedestrian was struck and killed by a car in Wood Village. The accident happened at the intersection of West Arata Road and Wood Village Boulevard.
Sergeant John Pemberton of the Fairview Police Department told The Gresham Outlook that just after 7:30 p.m. Thursday, a Ford Escort being driven by Harmony King, 37, of Portland, was westbound on West Arata Road, when her car struck Daniel Fry, 63, who was trying to cross the road from south to north. King and her passenger immediately stopped and remained at the scene until emergency responders arrived, but Fry sadly died from his injuries before he could be transported to the hospital.
We would like to send our most sincere condolences to the family and friends of Daniel Fry at this tragic time.
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. If the pedestrian was drunk and wearing dark clothes, and it was dark, the driver can sometimes escape prosecution. Or if a pedestrian darts out unexpectedly into an intersection, the law may take the driver’s side too. But in most cases, the law will consider it to be the driver’s fault, and 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.
Salem Bicyclist Dies in Collision with Pickup Truck
Date: January 27, 2012
Location: Hopewell Road, near Spring Valley Lane, northeast of West Salem
Names: David Apperson, John Taylor
The Polk County Sheriff’s office is continuing its investigation into a Friday morning collision between a bicyle and pickup truck that claimed the life of the cyclist.
According to the report on The Polk County Itemizer Observer, David Apperson, 57, of Salem was cycling west on Hopewell Road near Spring Valley Lane, outside West Salem, just before 11 a.m. A Dodge Ram pickup being driven by John Taylor, 26, also of Salem, was traveling in the same direction. Police say the truck struck the bicycle from behind, knocking Apperson from his bike. When emergency crews arrived on the scene, they discovered that Apperson had died as a result of his injuries.
Taylor remained on the scene after the accident and is helping the police with their ongoing investigations.
We would like to send our most sincere and heartfelt sympathies to the family and friends of David Apperson on their tragic loss.
This kind of collision also raises questions about the overall safety of Oregon roadways for bikes and bikers. David Apperson’s family may want to consider consulting a personal injury attorney with experience in bicycle accidents about their options in this case – and to do so soon. While the normal time limit for filing an Oregon injury lawsuit is two years, if the victim’s family decides to sue the City of Salem or Polk County for creating what appears to be a dangerous bike lane, they have to file a tort claim notice within 180 days of the incident. This time limit is strict. Failure to meet it would mean losing all rights to hold the city or county responsible for creating a dangerous situation.
Polk County Inmates Help Rescue SUV Accident Victims
Date: January 27, 2012
Location: Oregon Highway 22, near Grand Ronde
Names: Gertrude Dickey, Monty Dickey
The report on OregonLive.com said Gertrude Dickey, 57, of Willamina, was driving a 2004 Jeep Liberty on Oregon 22. At around 11:10 a.m., about a mile north of the intersection with Oregon 18, the Jeep left the road and went down a 30-foot embankment, struck a tree and finally stopped in three feet of water in Casper Creek.
The Polk County inmate work crew who witnessed the accident, along with deputies, scrambled down the embankment but were unable to free Dickey and her brother, Monty Dickey, 67, also of Willamina. West Valley Fire Department personnel were called to the scene and were able to get both people out of the vehicle, as well as a Labrador dog. Gertrude was taken to Willamette Valley Medical Center in McMinnville, but her injuries were not thought to be serious. Her brother was flown to Salem Hospital, where he was listed in a stable condition Friday evening.
We would like to extend our best wishes for a full and speedy recovery to Gertrude and Monty Dickey after their frightening ordeal.
While accidents like this one can seem black or white, a closer investigation will sometimes turn up a surprise. Many will assume that the driver made a mistake at the wheel, or stopped paying attention for some other reason. And perhaps that is exactly what happened. But there are many other possibilities as well. Poor road conditions may have caused this wreck – for all we know, there may have been a large pothole that has already caused three accidents, or maybe there’s a blind curve with a missing warning sign. If that is the case, there may be a lawsuit available against the city/county/state. Such a lawsuit would allow the injured person to receive compensation and hopefully prevent future accidents on that stretch of road.
Maybe the car was recently brought in for a tune-up, and the mechanic replaced the steering mechanism carelessly, and the car lost steering. These things happen, and when someone is seriously injured, a competent Oregon personal injury attorney can investigate and find out what happened. Usually at no cost. For more information on what to do in the case of an Oregon accident, contact our office or read 7 Common Mistakes That Can Wreck Your Oregon Accident Case.
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.
