Category Archives: Drunk Driving
Two Women Injured in Drunk Driving Crash Blocks from Home
Date: May 4, 2012
Location: Highway 97, Negus Way overpass
Names: Patricia Webb, Rebecca Kral, Jose Francisco Estrada
A Redmond woman who was just two blocks from home is now in the hospital with serious injuries and facing DUII charges after a Friday night accident on Highway 97. The woman’s passenger was also injured.
Redmond Police Sergeant Bob Duff told KTVZ.com that the accident happened around 11:45 Friday night. According to the report, Patricia Webb, 24, of Redmond, was driving a 1997 Ford Expedition on the Negus Way overpass when the SUV suddenly swerved in front of an oncoming car, hit a guardrail, went airborne and then went 50 feet down the north side embankment.
The driver of the other car, Jose Francisco Estrada, also of Redmond, stopped his vehicle, telephoned the police and then scrambled down the embankment to try to assist the two occupants of the Expedition. Medics from Redmond Fire Department had to cut away wreckage to free Webb and her passenger, Rebecca Kral, 21. Both were rushed to St. Charles Medical Center, Redmond, with serious injuries. As of Saturday, Webb was listed in fair condition, but Kral had been transported to St. Charles-Bend, where she is listed in serious condition.
A friend of Webb’s later told reporters the two women were on their way home, and that they were just two blocks from the house when the crash occurred.
We would like to wish anyone who was injured in this terrible accident a full and speedy recovery from their injuries.
If you were hurt by a drunk driver, special time limits may apply for filing a claim.
Under ORS 471.565, you can sue the establishment that served the drunk driver alcohol (assuming there was one) by filing a Dram Shop Notice within 180 days.
A Dram Shop Notice is a special letter that tells the establishment or person who served the alcohol that a claim for damages is being made against the establishment, a description of the time, place, and circumstances giving rise to the claim, and the name and mailing address for the person making the claim. If the drunk driving led to not just an injury, but death, then you have a year instead of 180 days. Basically, a Dram Shop Notice will hold a bar owner responsible for not training employees according to the OLCC’s guidelines regarding intoxicated drinkers.
If the drunk driver was not at a bar or other business that serves alcohol before the crash, there is still the possibility of filing a claim through auto insurance. And in many cases, the drunk driver will also be punished in a criminal court. Although being found guilty for criminal charges can increase the likelihood of a civil personal injury case succeeding, you may still need the help of a drunk driving accident injury lawyer to deal with adjusters and use all the evidence correctly.
Woman Rammed Ex-Boyfriend’s Car with Him Inside
Date: April 23, 2012
Location: 16 North Front Street, Medford
Names: Jacole Calhoun
According to the report on KPTV.com, Jacole Calhoun, 41, got into an argument with her ex-boyfriend just after 11 p.m. Monday night. The two were still arguing in the street in front of 16 North Front Street in Medford, when Calhoun suddenly jumped into her vehicle and rammed the unidentified man’s vehicle three times.
When police and emergency responders arrived on the scene, they discovered the 41-year-old man had sustained injuries to his neck, back and elbow. Police also determined that Calhoun was intoxicated, and evidence also showed she had struck a third vehicle during the incident.
As well as the assault and DUII charges, Calhoun has also been charged with criminal mischief and reckless endangering. Her bail stands at more than $1 million.
We hope the man injured in this assault makes a full and speedy recovery from his injuries after this incredible incident.
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.
Speed and Alcohol May Have Contributed to Serious Crash
Date: April 23, 2012
Location: 64687 Hunnel Road, north of Bend
Names: Jennifer Lynn Herman, Ray Donald Calhoon
Two people are in the hospital with potentially life-threatening injuries after the SUV they were in left the road and rolled over Monday evening. Authorities believe both speed and alcohol may have been factors in the crash.
Deschutes County Sheriff’s Lieutenant Kevin Dizney said his office received a call just after 6 p.m. Monday, saying a 2004 Mitsubishi Endeavor SUV was overturned in a pasture. Dizney says initial indications are that the driver, Jennifer Herman, 37, of Bend, lost control of the vehicle on Hunnell Road. The SUV left the road and overturned, possibly several times.
When emergency responders arrived, they discovered that both Herman and her passenger, 50-year-old Ray Calhoon, also from Bend, had been seriously injured in the crash. Herman was flown by helicopter to St. Charles Medical Center-Bend, where she was listed in a critical condition Tuesday. Calhoon was taken to the same hospital by ambulance and is listed in serious condition. The report on KTVZ.com says no other cars are believed to have been involved in the accident.
If you are hurt by a drunk driver, special time limits may apply for filing a claim.
Under ORS 471.565, you can sue the establishment that served the drunk driver alcohol (assuming there was one) by filing a Dram Shop Notice within 180 days.
A Dram Shop Notice is a special letter that tells the establishment or person who served the alcohol that a claim for damages is being made against the establishment, a description of the time, place, and circumstances giving rise to the claim, and the name and mailing address for the person making the claim. If the drunk driving led to not just an injury, but death, then you have a year instead of 180 days. Basically, a Dram Shop Notice will hold a bar owner responsible for not training employees according to the OLCC’s guidelines regarding intoxicated drinkers.
If the drunk driver was not at a bar or other business that serves alcohol before the crash, there is still the possibility of filing a claim through auto insurance. And in many cases, the drunk driver will also be punished in a criminal court. Although being found guilty for criminal charges can increase the likelihood of a civil personal injury case succeeding, you may still need the help of a drunk driving accident injury lawyer to deal with adjusters and use all the evidence correctly.
Drunk Woman Drove Into House, Traumatized 8 Year Old Girl
Date: April 19, 2012
Location: Northeast Bend
Names: Tamira Julian, Bethany Clark, Sarah Clark
A Bend woman who was high on prescription drugs when she drove her car through the wall of a house and into the bedroom of an 8-year-old girl was sentenced to 16 months in prison on Thursday. The court was told it was the second time in two days the woman had been caught driving under the influence.
According to the report on KTVZ.com, Tamira Julian was driving on the night of March 5th, when her vehicle hit a house in northeast Bend so hard, the car ended up almost 40 feet inside the home. It knocked bookcases, the kitchen stove and assorted debris through the bedroom wall of Bethany Clark, age 8, who woke up to being struck in the throat by her jewellery box.
Bethany has been having nightmares ever since. Her mother, Sarah Clark, has had to move her two daughters out of the house. Most of their furniture has been destroyed, but Sarah knows it could have been much worse. “I saw her tail lights in the middle of my kitchen, which would put the front of her car into my youngest daughter’s (Bethany’s) bedroom; I was afraid of what I would find,” Clark said.
After serving her 16 months, Julian will lose the right to drive for five years. The judge noted when handing down sentence that Julian had made the decision to drive while high, again and again.
We hope young Bethany, her sister and the two girls’ mother, Sarah, are all feeling better soon after their terrifying ordeal.
If a child is injured, the statute of limitations is complicated. ORS 12.160 states that the time for bringing the lawsuit does not start being counted until the child turns 18. However, the time limit will never be extended for more than five years, nor will it be extended for more than one year after the child’s 18th birthday.
In general, if a child is 17 or older at the time of the accident, the statute will run in two years, just like for an adult. If the child is between 12 and 17, the time limit will run out on the child’s 19th birthday. If the child is under 12, the time will run out 7 years after the injury.
So if your child has been injured, in either an auto crash or another type of accident, protect their rights (and your financial well-being) by considering a personal injury attorney. Remember, our Portland personal injury lawyers offer free consultations and as fathers we are even more personally concerned about child injury cases.
