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.

70 Year Old Woman Trapped Inside Car in Wilson River

Date:  April 17, 2012
Location:  Highway 6, near milepost 6, east of Tillamook
Name:  James A. Garling Sr., Helga Garling

A Tillamook woman was in critical condition Tuesday night after being trapped inside a car that had gone into the Wilson River, east of Tillamook. Her husband, who had been driving the car, told police he may have fallen asleep behind the wheel.

According to the report on tdn.com, 70-year-old Tillamook man, James A. Garling Sr., was driving a 2003 Honda Accord west on Highway 6. At about 5 p.m., the car left the highway, went through a ditch and struck a hillside. It then veered back across the highway and left the south shoulder, before rolling down a 100-foot embankment and plunging into the Wilson River.

Garling Sr., was able to get out of the car with the help of witnesses, but they were unable to reach his wife, Helga Garling, also 70, in the semi-submerged vehicle. Three trained swift water technicians went into the water; a cable was attached to the car, and it was partially pulled from the water. Paramedics immediately started CPR on the woman, and she was taken first to Tillamook County General Hospital, then transferred to Legacy Emanuel Medical Center, where she was listed in critical condition Tuesday night.

Car accidents can be life-changing, and we hope this unfortunate woman 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.

Icy Roads Involved in Hwy 97 Multi-Vehicle Crash

Date:  March 31, 2012
Location:  Highway 97, near milepost 154, north of La Pine
Names:  Paige J. Flanagan, Dustin R. Kissel, Yoremi Kissel, Allan D. Wilson, Laura Mendoza, Angela P. Emmons

Five people were taken to the hospital after a terrifying multi-vehicle collision on Highway 97. The accident happened Saturday morning, about 14 miles north of La Pine.

OSP Senior Trooper William Duran told OregonLive.com that at around 9:30 a.m. Saturday, Paige Flanagan, 34, from Portland, was driving a 2008 Jeep SUV northbound on Highway 97. As the Jeep approached milepost 154, it went out of control in icy conditions and skidded into the southbound lanes and collided with a 2009 Chevrolet pickup pulling a trailer. The pickup was being driven by Dustin Kissel, 41, from Yakiam, Washington. After the collision, the Jeep left the highway and rolled over. Kissel’s pickup then cross across the northbound lanes and crashed into a commercial truck being driven by Allan Wilson, 56, from Edmonton, Alberta.

The pickup’s trailer then broke loose and slid across the highway toward a 2002 Buick being driven by Laura Mendoza, 36, from Medford. Mendoza drove off the highway to avoid the collision.

When emergency responders arrived on the scene, they found the following:

• Flanagan and her passenger, Angela Emmons, 22, from Portland, required treatment for injuries sustained in the crash. They were taken to St. Charles Medical Center in Bend.
• Kissel was not injured, but his wife, Yoremy, 39, and their two daughters, ages 13 and 8, were taken by ambulance to St. Charles Medical Center.
• Mendoza and her four passengers, as well as Wilson, did not receive any injuries requiring treatment.

We wish all the people involved in this crash a full and speedy recovery.

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.

 

Illegal U-Turn Caused Collision Near Aurora, OR

Date:  March 17, 2012
Location:  Highway 99E intersection with S. Anderson Road, near Aurora
Names:  Norman Tingley, Nancy Tingley, Lorie Cobb

A SE Portland man was cited by Oregon State Police Saturday afternoon for making an illegal U-turn that led to a serious collision. Two people were sent to the hospital after the crash, which occurred on Highway 99E.

OSP Trooper Scott Kinch told OregonLive.com that sometime after 3:30 Saturday afternoon, a southbound 2011 Subaru four-door being driven by Norman Tingley, 62, from southeast Portland, was trying to make a U-turn at the South Anderson Road intersection with Highway 99E. As Tingley attempted the illegal turn, his car was struck by another Subaru being driven by Lorie Cobb, 75, from Aurora. The collision caused Tingley’s car to roll onto its top.

When emergency responders arrived on the scene, they discovered that Tingley and his wife, Nancy Tingley, 65, had managed to crawl out of the overturned car. While Norman Tingley was not injured, his wife was taken by ambulance to Meridian Park Hospital with injuries thought to be non-life threatening. Lorie Cobb was also injured in the crash, and she was taken to OHSU hospital. Police later cited Norman Tingley for making an unlawful U-turn.

We would like to wish both women who were injured in this crash a full and speedy recovery from their injuries.

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 Tingley and Cobb families get through it? Fortunately, victims have resources. The first thing you should do after getting the medical help you need is to go to our Portland personal injury law website – not to give us your business, but 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.

Driver with Suspended License Caused Head-On Collision

Date:  March 7, 2012
Location:  Highway 30, milepost 36, near Columbia City
Names:  Briana L. Hogue, David W. Krom

Two people were lucky to escape with their lives after a head-on traffic crash Wednesday night. The accident happened on Highway 30, near Columbia City, and one of the two drivers involved now faces a number of charges.

According to the report on Fox 12 Oregon, David Krom, 69, from Portland, was westbound on Highway 30 in a 1986 Jeep CJ6. Just before 7:40 p.m., the Jeep crossed the center line near milepost 36, and moved directly into the eastbound lane. Briana Hogue, 20, from St. Helen’s, saw the Jeep approach, and she veered her 2000 Volkswagen Jetta all the way over to the right shoulder of the highway but was still struck head-on by the Jeep. The collision also caused the Jeep to roll at least once before coming to a stop.

Emergency responders rushed Hogue to St. John’s Hospital with serious but non-life threatening injuries. Police say the fact she was wearing a seat belt and that her airbags deployed almost certainly saved her life. Krom was not wearing safety restraints, and he was taken to Legacy Emanuel Medical Center with non-life threatening injuries.

After investigating the crash, OSP cited Krom for driving while suspended, failure to drive on the right side of the highway and failure to wear a seat belt.

We would like to wish both drivers a full and speedy recovery from their injuries after this frightening crash.

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.

Icy Crash Trapped Madras Man in His Car for Two Hours

Date:  February 13, 2012
Location:  Highway 97, milepost 251, near Chiloquin
Name:  Eulogio Vidales-Torres

Icy conditions on Highway 97 led to a large number of accidents early in the week, including one in which a Madras man was trapped in his crashed vehicle for over two hours while rescue crews worked to extricate him. As of Tuesday morning, the man was listed in fair condition in Sky Lakes Medical Center.

OSP Trooper Sabrina Criswell told KTVZ News that the crash occurred around 8 a.m. Monday, when a Toyota southbound Toyota pickup went out of control on the icy highway near milepost 251. The vehicle left the road, rolled up an embankment, crashed through an ODOT sign and then rolled another 50 feet before crashing into a tree and coming to rest on its top.

It took Chiloquin-area emergency responders, two OSP troopers and Klamath Falls Fire District personnel two hours to safely remove Eulogio Vidales-Torres, 65, of Madras, from the vehicle. He was then airlifted by helicopter to Sky Lakes Medical Center. Police say Vidales-Torres was wearing his seat belt at the time of the crash.

We would like to wish Eulogio Vidales-Torres a full and fast recovery from his injuries after this frightening accident.

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 many people who were injured and suffered property damage in this accident, as well as their families, get through it? Fortunately, victims have resources. The first thing you should do after getting the medical help you need is to go to our Portland personal injury lawyer website – not to give us your business, but 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.