Drnk Driving Accident Injures One Child, One Adult

Date: July 3, 2013
Location: Oregon 213, Molalla
Names: Alfredo Mendoza Quintero, Iovonne Marin-Avilez

Two people were injured, and a woman now faces serious criminal charges, due to an accident that occurred on Oregon 213 on Wednesday, July 3, 2013.

Police report that Bernice Iovonne Marin-Avilez, 26, of Milwaukie, was operating a Toyota Tacoma pickup truck on South Union Mills Road in the early evening. She then failed to stop at a stop sign and collided with a northbound Ford Expedition driven by Alfredo Mendoza Quintero, 51, of Canby.

Both Quintero, and Marin-Avilez’s 7-year-old daughter (who was with her in the vehicle), were taken to Oregon Health and Science University Hospital with non-life threatening injuries. None of the passengers in Quintero’s vehicle suffered any injuries.

Quintero had two other passengers in his vehicle, a 48-year-old woman and a 28-year-old man. They were not reported to be injured. Marin-Avilez also had two additional passengers in her vehicle, a 46-year-old woman and 33-year-old man and neither of them were reported injured.

Following the accident, Marin-Avilez was charged with driving under the influence of intoxicants, reckless driving fourth-degree assault, and recklessly endangering the life of another. She is currently being held in Clackamas County jail and bail has been set at $7500.

We would like to wish Alfredo Mendoza Quintero a full recovery from his injuries. We would also like to wish the 7-year-old child a rapid recovery as well. We hope you are both able to heal quickly and completely.

Drunken driving accidents are tragedies that affect not only the victim, but often the victim’s family and friends as well. These cases are also legally complex and can face very strict time limits (as little as 180 days).

If you have been a victim of a drunk driving accident, you may be able to get compensation in a few ways:

  1. You may be able to file a claim with the auto insurance of the at-fault driver.
  2. You may be able to file a claim with your own insurance (if their insurance does not cover all your damages, it was a hit-and-run crash, or they do not have insurance).
  3. You may be able to file a claim against the establishment or person that supplied the alcohol to the drunk driver through a Dram Shop Notice.

A Dram Shop Notice allows you to hold responsible whoever served and continued to serve alcohol to the drunk driver after they were visibly intoxicated, or whoever served alcohol to someone who is underage. This could be a bar, nightclub, restaurant, or whoever supplied the alcohol.

These establishments are required to properly train and incentivize their employees to act in accordance with the OLCC’s guidelines regarding intoxicated drinkers. They should not be allowed to do otherwise. A Dram Shop Notice is a special letter that tells the establishment that they are being held accountable for failing to follow these guidelines.

But if the proper establishment does not receive the Dram Shop Notice within 180 days, the claim may be forever lost. This very tight time limit destroys many otherwise valid claims. Let an Oregon injury attorney who is familiar with the law regarding drunk driving accidents help you through this difficult time, and get you on your way to recovery.

 

 

 

 

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About Sean DuBois

Sean is a personal injury attorney in Portland, OR. He has been recognized by Super Lawyers Magazine as Oregon Rising Stars for the past four years because of his dedication to justice and fair compensation for his clients. If you need to speak with a lawyer about your injury case, Sean can be reached at 503-222-4411.

Posted on July 10, 2013, in Car Accidents, Drunk Driving, Injuries to Children and Minors, Portland personal injury attorneys and tagged , . Bookmark the permalink. Leave a comment.

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