Category Archives: Oregon Personal Injury Attorney

Walterville Woman Seriously Injured in Hwy 126 Crash

Date:  May 27, 2012
Location:  Highway 126, junction with Camp Creek Road, Walterville
Names:  Donna Glass, Gregory Montgomery

A Walterville woman was flown by LifeFlight helipcopter to Sacred Heart Medical Center at RiverBend after a two-vehicle collision Sunday afternoon. The woman sustained serious injuries in the crash, which happened on Highway 126 at around 1 p.m.

OSP Trooper Michael Berland told KVAL TV that Donna Glass, 89, from Walterville, was driving a Mercury station wagon on Highway 126, when she tried to make a left turn onto Camp Creek Road. Instead, she turned into the path of a Saturn station wagon being driven by Gregory Montgomery, 53, from Springfield, and the two vehicles collided.

Glass’s car went nose-first into the roadside ditch, and when emergency responders arrived on the scene, they discovered she had received serious injuries. She was flown to RiverBend, where she continues to be treated for her injuries. Montgomery was reportedly not injured in the collision.

We send our best wishes to Donna Glass for a full and speedy recovery from her injuries after this very unfortunate accident.

As Portland car accident attorneys, we know that filing an insurance claim can be extremely complicated and stressful. After a crash like this, any injured person can seek compensation through the at-fault driver’s insurance policy, or through their own uninsured motorist coverage.

Steps to Take for Filing an Insurance Claim after an Oregon Accident:

  1. Get medical treatment. If you’ve been injured, waiting to seek medical treatment can greatly affect the value of your claim.
  2. Right after the accident, write down any details you remember.
  3. Contact your insurance company and get a copy of your insurance policy if you don’t have one. Talk to your adjuster about using your personal injury protection (PIP) coverage for medical treatment, lost wages, etc.
  4. Determine the amount of property damage done.
  5. Start keeping good records. Get the police report, copies of medical bills, pictures of your car before and after repairs, etc.
  6. If you are considering hiring a lawyer, talk to the lawyer before you talk to the other driver’s insurance company.
  7. If you know you are not going to hire an attorney, contact the insurance company for the other driver yourself. Be honest, but do not give a recorded statement and do not admit any liability.
  8. Get all correspondence with both insurance companies in writing.
  9. Do not sign anything until you are done treating and are medically stationary.
  10. Check the statute of limitations on your claim. For most car accidents in Oregon, the time limit is two years, but this is not true for all cases. In some cases, you will only have 180 days – speaking to an attorney can clarify your time limits.
  11. Discuss your case with a car accident attorney in Portland who offers free consultations to start understanding the laws that affect your case and your rights as an accident victim.

But before you speak to the insurance adjuster or an attorney, you can learn more about the Oregon insurance claim process in the very helpful book, 7 Common Mistakes That Can Wreck Your Oregon Accident Case.

Mental Health Worker Stabbed and Killed by Patient

Date:  May 20, 2012
Location:  200 block of South 15th Street, St. Helens
Names:  Jennifer Warren, Brent Redd

A scheduled health visit went tragically wrong, police say, when a St. Helens man stabbed a mental health worker to death Sunday morning. The man police believe carried out the attack was the person being visited, and the one who called 9-1-1.

St. Helens Police Chief Steve Salle told Koin Local 6 that Jennifer Warren, an employee of Columbia Community Mental Health (CCMH), called to a residence on the 200 block of South 15th Street at about 8 a.m. for a scheduled health visit. She was going to see Brent Redd. CCMH released a statement Sunday night confirming Redd is a patient.

Just after 8 a.m., police received a 9-1-1 call from the same residence. When they arrived, they found Redd standing at the front door. Inside the house, they found Warren, who had been stabbed to death, as well as what they believe was the murder weapon.

Warren had been working with CCMH for 10 years. Redd pleaded guilty except for insanity in an attempted murder case in 2007. He was granted a conditional release from Oregon State Hospital in 2010.

We would like to extend our most sincere and heartfelt sympathies to the family and friends of Jennifer Warren at this horrible time.

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.

 

65-Year-Old Man Hit and Killed During Reach the Beach

Date:  May 19, 2012
Location:  Highway 18, near Spirit Mountain Casino
Names:  Steven Y. Daley, Fred M. Moore III

A 65-year-old Camas man who was participating in the Reach the Beach cycle on Saturday was killed when he was hit by a car on Highway 18. The cyclist had been diagnosed with brain cancer last year and said he went on bicycle rides because they made him feel normal again.

The accident happened at about 2:30 Saturday afternoon, when a Chevrolet Avalanche being driven by Fred Moore III, 24, of Battle Ground, Washington, veered to his right trying to avoid traffic. The report on KATU.com said the passenger side mirror hit 65-year-old Steven Dayley, of Camas, who was thrown from his bike.

Dayley’s wife was driving a support vehicle for the Reach the Beach cycling event and was on the scene of the crash within five minutes. Dayley was rushed to Salem Hospital, but he died from his injuries late Saturday night.

People who regularly use that stretch of Highway 18 say it is a notoriously dangerous road, even though the state has designated a portion of it as a safety corridor. Anthony Bergshoeff, a friend of Dayley’s, said “It’s a terrible road. It’s always been a terrible road.”

We would like to send our heartfelt sympathy to the family and friends of Steven Dayley after this horribly tragic accident.

We hope this accident serves as a reminder to drivers to be careful around Oregon bicyclists.

When a bicyclist gets hit by car, the biker always loses – no matter who was at fault – because cars are so much heavier. As Portland bicycle accident attorneys, we understand the dangers and the consequences of getting hit by car.

In bicycle accident cases, severe injuries or, as in this case, tragic death occur all too often. Even if you were wearing a helmet, make sure you are tested for traumatic brain injury – sometimes these are not immediately apparent until tests have been performed. Seek immediate medical treatment.

What You NEED to Know:

  • If you have been hit by a car, you can file a claim with the auto insurance company of the person who hit you.
  • The at-fault driver’s insurance should cover all your damages, including medical expenses, lost wages, and even damage to your bicycle.
  • Your own Personal Injury Protection (through your own auto insurance) still applies in this type of case, so use your PIP to pay bills until you settle your claim with the at-fault driver’s insurance.
  • You have two years (in most cases) to file a claim.
  • But in some cases, like if the driver works for the city, state, or county, you could have deadlines as soon as 180 days.
  • You should not sign a release with the other insurance company until you are sure you know the extent of your injuries and damages.
  • The insurance adjuster is not your friend. His job is to save his company money by paying you as little as possible.
  • In most cases, it is a good idea to hire a bicycle accident attorney to protect your rights because insurance company adjusters can be tricky.

If you have more questions about the personal injury process, what to do after being hit by car, or want to speak to an attorney, call 503-222-4411 or visit www.pdxinjurylaw.com.

Two-Car Collision Kills One, Injures Another in Damascus Crash

Date:  May 14, 2012
Location:  19800 block of Tillstrom Road, Damascus
Names:  Laura Schaeffer, Gary Monaco

A two-vehicle collision in Damascus Monday afternoon has claimed the life of one woman, and another person was seriously injured. The accident happened on Tillstrom Road, just before 4 p.m.

According to the report on OregonLive.com, the crash involved a Ford F350 pickup and a Nissan Versa. At about 3:55 Monday afternoon, the two vehicles collided on the 19800 block of Tillstrom Road. The crash caused the pickup to roll over onto its side, while the Nissan went down an embankment.

When emergency responders called to the scene, they discovered the female driver of the Nissan, since identified as Laura Schaeffer, 76, of Eagle Creek, had been killed in the accident. The pickup’s driver, 52-year old Damascus resident Gary Monaco, was taken to Oregon Health and Sciences University Hospital with serious but non-life threatening injuries.

Clackamas County Sheriff’s officers are continuing their investigations into the events leading up to the accident, and any witnesses are asked to come forward. No charges have been filed at this time.

We would like to send our sincere sympathies to the family and friends of Laura Schaeffer, and we also extend our wishes for a full and speedy recovery to Gary Monaco after this tragic accident.

As Portland car accident attorneys, we know that filing an insurance claim can be extremely complicated and stressful. After a crash like this, any injured person can seek compensation through the at-fault driver’s insurance policy, or through their own uninsured motorist coverage.

Steps to Take for Filing an Insurance Claim after an Oregon Accident:

  1. Get medical treatment. If you’ve been injured, waiting to seek medical treatment can greatly affect the value of your claim.
  2. Right after the accident, write down any details you remember.
  3. Contact your insurance company and get a copy of your insurance policy if you don’t have one. Talk to your adjuster about using your personal injury protection (PIP) coverage for medical treatment, lost wages, etc.
  4. Determine the amount of property damage done.
  5. Start keeping good records. Get the police report, copies of medical bills, pictures of your car before and after repairs, etc.
  6. If you are considering hiring a lawyer, talk to the lawyer before you talk to the other driver’s insurance company.
  7. If you know you are not going to hire an attorney, contact the insurance company for the other driver yourself. Be honest, but do not give a recorded statement and do not admit any liability.
  8. Get all correspondence with both insurance companies in writing.
  9. Do not sign anything until you are done treating and are medically stationary.
  10. Check the statute of limitations on your claim. For most car accidents in Oregon, the time limit is two years, but this is not true for all cases. In some cases, you will only have 180 days – speaking to an attorney can clarify your time limits.
  11. Discuss your case with a car accident attorney in Portland who offers free consultations to start understanding the laws that affect your case and your rights as an accident victim.

But before you speak to the insurance adjuster or an attorney, you can learn more about the Oregon insurance claim process in the very helpful book, 7 Common Mistakes That Can Wreck Your Oregon Accident Case.

85-Year-Old Woman Critically Injured in Single-Car Crash

Date:  May 11, 2012
Location:  Highway 238 and Forest Creek Road, near milepost 28, east of Ruch
Name:  Dorothy Livingston

An 85-year-old woman is in critical condition after her car flipped several times in a single-vehicle accident Friday morning, easy of Ruch. The accident happened on Highway 238 just after 10:30 a.m.

OSP Senior Trooper Jeff Allison told OregonLive.com that a 2004 Toyota Camry being driven eastbound on Highway 238 by Dorothy Livingston, 85, from Ruch, was near milepost 28 when it drove off the north (left hand) side of the highway, into a ditch. The car hit a stop sign at Forest Creek Road, then struck a culvert and went airborne, flipping end over end several times before finally coming to rest on its wheels.

When emergency responders arrived on the scene, they discovered that Livingston had been critically injured in the crash. She was rushed to Rogue Valley Medical Center, where she remains in a critical condition.

Car accidents can be life-changing, and we hope Dorothy Livingston is able to fully recover soon.

While many single-car accidents seem uncomplicated, there are sometimes other factors to consider. If you have been injured in a single-car accident like the one described here, you may be able to receive compensation in several instances:

  1. If poor road conditions, poor signage, or bad traffic control contributed to the accident, there may be a lawsuit available against the city, county, or state. In cases against a public body, you may only have 180 days to file a tort claim notice (in most cases) so act quickly to protect your rights.
  2. If the car’s mechanic was negligent in his last repairs, contributing to the accident, there may be a lawsuit available against the mechanic or his business.
  3. If the car’s manufacturer was negligent, you may be able to file a product liability suit against them. Car manufacturers have often been held accountable for design defects and manufacturing defects, and these lawsuits help ensure that future drivers are not hurt by negligent safety standards.

If you have been injured in a single-car accident that you believe may not have been your fault, you can call a Portland car accident lawyer for help with your investigation at 503-222-4411. Or you can learn more about filing your own claim by reading the book 7 Common Mistakes That Can Wreck Your Oregon Accident Case.

One Killed and Three Injured in Aloha Crash

Date:  May 13, 2012
Location:  33000 block of NW Bacona Road, Aloha
Names:  Tamera Verley, Stephanie Roso, Kylie Bellar, Noah Barker

Washington County Sheriff’s Office officials are still investigating a Sunday afternoon crash in which an Aloha woman was killed and three other people were seriously injured. The police have still not said whether any charges will be filed in connection with the accident.

According to the report on KATU, a car containing a driver and three passengers was in the 33000 block of Northwest Bacona Road Sunday afternoon when it left the winding gravel road and careened over an embankment. Initial reports say Tamera Verley, 49, was driving the vehicle when it left the road.

Emergency responders discovered that Verley had been ejected from the vehicle during the crash. She was pronounced dead at the scene.

Three passengers in the vehicle were identified as Stephanie Roso, 25, Kylie Bellar, 20, and Noah Barker, 21. All were rushed to Legacy Emanuel Medical Center with a variety of what were described as serious injuries.

We would like to extend our sincere and heartfelt sympathy to the family and friends of Tamera Verley at this tragic time.

Car accidents can be life-changing, and we hope Stephanie Roso, Kylie Bellar and Noah Barker are all able to fully recover soon.

While many single-car accidents seem uncomplicated, there are sometimes other factors to consider. If you have been injured in a single- car accident, like the one described here, you may be able to receive compensation in several instances:

  1. If poor road conditions, poor signage, or bad traffic control contributed to the accident, there may be a lawsuit available against the city, county, or state. In cases against a public body, you may only have 180 days to file a tort claim notice (in most cases) so act quickly to protect your rights.
  2. If the car’s mechanic was negligent in his last repairs, contributing to the accident, there may be a lawsuit available against the mechanic or his business.
  3. If the car’s manufacturer was negligent, you may be able to file a product liability suit against them. Car manufacturers have often been held accountable for design defects and manufacturing defects, and these lawsuits help ensure that future drivers are not hurt by negligent safety standards.

If you have been injured in a single-car accident that you believe may not have been your fault, you can call a Portland car accident lawyer for help with your investigation at 503-222-4411. Or you can learn more about filing your own claim by reading the book 7 Common Mistakes That Can Wreck Your Oregon Accident Case.