High-Speed Crash Killed One, Injured One in East Portland

Date:  May 16, 2012
Location:  East Burnside Road, Portland
Names:  Shelby Lynn Williams, Cleveland Nelson

A Southeast Portland woman was killed and her passenger injured in a high-speed crash early Wednesday morning. Crash investigators say the driver was doing about 90 miles per hour at the time of the crash.

According to investigators, Shelby Lynn Williams, 33, of Portland, was driving a 2012 Chevy Traverse SUV at about 2 a.m. The Major Crash Team told OregonLive.com that Williams was travelling at 90 miles per hour on East Burnside when she lost control of the vehicle.

The SUV hit a telephone pole, then smashed into a tree and a fence before coming to rest in a yard alongside the road. Williams was ejected from the vehicle, and when emergency responders arrived on the scene, they disovered she had been killed in the crash.

Williams’ passenger, Clevelan Nelson, 28, was injured in the crash and was taken to a local hospital with injuries that are not thought to be life-threatening. The investigation into the circumstances of the accident are continuing.

We would like to send our sincere sympathies to the family and friends of Shelby Williams, and we also send our best wishes for a full and speedy recovery to Cleveland Nelson.

Car accidents can be life-changing, and we hope Nelson 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.

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 Driver and Passengers Injured When They Crashed into House

Date:  April 15, 2012
Location:  6500 block of 22nd Avenue, Keizer
Names:  Jesse Fordyce, Allison Hyer, James Horvath

An intoxicated driver was making a beer run in a friend’s car when he crashed into a house early Sunday morning. The driver and two passengers ended up in Salem Hospital with a variety of injuries.

The report on KATU.com says Jesse Fordyce, 24, of Keizer, was driving a 1999 Honda owned by a brother of passenger Allison Hyer, 21, of Silverton, at about 1:15 a.m. Sunday morning. A second passenger was identified as James Horvath, aged 19. Hyer’s brother said the three had been attending a house party and were on a beer run at the time of the accident.

As the car approached a curve on Niagara Street, Fordyce lost control of the vehicle. The Honda crashed through a fence, went more than 200 feet across a field, hit a tree and then collided with the corner of a house on the 6500 block of 22nd Avenue. The car finally hit the front porch before finally coming to a stop.

The owner of the house tried to help the three people in the vehicle but was unable to remove them from the car. Emergency responders were called, and all three of the vehicle’s occupants were sent to Salem Hospital for treatment of injuries that were not thought to be life-threatening. Fordyce was the most seriously injured.

Marion County Sheriff’s deputies later reported that all three of the Honda’s occupants had blood alcohol contents of more than twice the legal limit, and none of them was wearing a seat belt when the crash occurred. Both the vehicle and the house were extensively damaged.

Police say that once Fordyce is able to give a statement, he will most likely be charged with a number of offenses.

If you have been injured by a drunk driver, special time limits may apply for filing a claim.

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.

Beaverton Man Pleaded Guilty to Negligent Homicide after DUII

Date:  April 10, 2012
Location:  Highway 217 ramp at Highway 26, Beaverton
Names:  Oscar Ferrusca-Tellez, Raymundo Aztatzi-Loyola

A Beaverton man pleaded guilty on Tuesday to criminally negligent homicide and DUII in relation to an accident last August that killed one of the passengers. The driver had lied to police about who was driving at the time of the crash.

In court on Tuesday, it was reported on KOIN Local 6 that Oscar Ferrusca-Tellez, of Beaverton, had been drinking malt liquor after getting off work around midnight on August 6, 2011. He then drove to another bar in Tigard and had more drinks. Afterwards, three women, Ferrusca-Tellez and Raymundo Aztatzi-Loyola, got back into Ferrusca-Tellez’s SUV and headed north on Highway 217. While trying to make the turn on the cloverleaf ramp at Highway 216, Ferrusca-Tellez lost control of the SUV, which left the road, travelled about 35 feet along the jersey barrier, then rolled onto the grassy median below.

Aztatzi-Loyola was ejected from the vehicle as it rolled over and was declared dead at the scene. Ferrusca-Tellez later told police that Aztatzi-Loyola had been the one driving, but in court, prosecutors said pictures found on a cell phone belonging to Ferrusca-Tellez’s wife showed her husband behind the wheel.

Ferrusca-Tellez was sentenced to 40 months in prison after his guilty plea.

If you were hurt by a drunk driver, or a member of your family was killed through the actions of 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 and Child Uninjured After Being Hit by Man Fleeing Police

Date:  April 10, 2012
Location:  SE 92nd Avenue intersection with Woodstock Blvd.
Names:  Carrie Borcher, Drake Borcher, Levi Rhyne

A young Portland woman and her 7-month-old son had a lucky escape Tuesday afternoon. They walked away uninjured after the car they were in was in a crash caused by an SUV being driven at high speed by a man fleeing from police.

Carrie Borcher said she was on her way home, when an SUV she estimates was doing at least 60 mph ran a red light and crashed into a Rescue Rooter van towing a small trailer at the intersection of SE 92nd Avenue and Woodstock Blvd. Borcher’s car was driven into a pole, but neither she nor her son Drake, aged 7 months, suffered any injuries, though their car was extensively damaged. The driver of the van also escaped injury.

The driver fleeing police was named as Levi Rhyne, 29. Portland police had been trying to pull him over for a traffic violation when he accelerated away at high speed. After being treated for minor injuries, Rhyne was charged with felony attempt to elude, failure to perform the duties of a driver and possession of methamphetamine, which police found inside the vehicle, according to the report on KATU.com. The report also said Rhyne is currently on felony probation for identity theft and fraud.

We are very pleased that Carrie and Drake Borcher were not injured in this crash, but they may still want to consider speaking to a reputable car accident lawyer.

As Portland car accident attorneys, we know that filing an insurance claim can be extremely complicated and stressful. After a crash like this, any victim 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 necessary. If you’ve been injured, waiting to seek medical treatment can greatly affect the value of your claim. Even if you don’t think you were badly injured, you should probably get checked by a physician, as some injuries can take days or weeks to become apparent.
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.

Police Investigating Crash for Speed and Alcohol After One Man Died

Date:  March 28, 2012
Location:  Hendrickson Drive, near the Kalama Marina
Name:  Zachary M. Hamilton

Police are investigating whether speed and alcohol were factors in a Wednesday night crash that killed a Portland man and injured his friend. The two were returning to Portland after a fishing trip on the Columbia River.

According to the report on KOIN Local 6, Zachary Hamilton, 30, was driving a 1998 Toyota Tacoma on Hendrickson Drive, near the Kalama Marina. Just after 8 p.m., the truck left the road, hit a chain link fence and spun sideways. The driver’s side of the vehicle then struck a steel pole.

When emergency responders arrived, they declared Hamilton deceased at the scene. His friend and passenger, an unnamed 50-year-old male, was taken to Peace Health St. John Medical Center in Longview with injuries not thought to be life threatening.

Kalama police say the men had only just departed from the marina when the accident occurred, and they believe both speed and alcohol may have contributed to the crash.

We send our deepest sympathies to the family and friends of Zachary Hamilton, and we also hope his friend is out of the hospital and feeling better soon.

When something like this happens, it can be hard to determine the reason for the accident. You may be surprised to read this from a personal injury attorney, but it may be nobody’s fault. In legal terms, this is known as an “Act of God,” or an event beyond anyone’s control.

But a personal injury lawyer can help investigate, to help determine if there was a medical problem, an unseen road block, a pedestrian that ran out in front of the car, etc.

Hiring a personal injury lawyer means you will not have to deal with investigation yourself.

Investigation includes:

1. Analyzing police and fire reports, as well as insurance reports
2. Understanding the injuries, including the doctor’s notes and treatment plans
3. Examination of the accident scene, the surrounding circumstance, and even hiring an accident forensics specialist if needed
4. A determination of causality
5. Assessment of all damages, including medical bills, lost wages, pain and suffering

If you’ve been in an accident, and you are unsure the cause or possible liability, call an experienced Portland personal injury lawyer for help – and they can help you understand your legal options. If there’s a question about who’s at fault for an accident, getting bills paid can be delayed and be complicated – so get help today.