Driver Arrested After Hitting and Injuring Teenagers
Date: October 31, 2013
Location: Southwest Wilsonville Road
Names: Two unnamed 13-year-old girls, Tyler Glenn Joos
On August 7, Tyler Glenn Joos, 19, drove his SUV into the sidewalk and injured two 13-year-old girls. The girls spent several days in hospital obtaining treatment for their injuries. He stayed back and co-operated with the police.
Joos was arrested on suspicion of third degree assault, fourth degree assault, and driving under the influence of intoxicants.
Police spent time on the investigation and collected forensic evidence to determine whether Joos was under the influence of intoxicants at the time of the accident. They have determined that he used intoxicating inhalants at that time.
We extend our sympathies to the two injured children and hope that they do not suffer from any long lasting consequences.
When a child is injured, the law can be complicated. Oregon law seeks to give children and their parents more time to file a case, but in reality the law makes the statute of limitations (the time limit to bring a claim) very confusing.
ORS 12.160 states that the time for bringing the lawsuit does not always start being counted immediately. However, the time limit will not 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.
But these are general guidelines only. There are exceptions. For example, if a Tort Claim Notice is required, you may only have 180 days to get it to the right person.
If you need to bring a claim for your child, you may be able to get compensation for:
- Present and future medical bills
- Parents’ lost wages, if needed to care for child
- Pain and suffering, emotional trauma
- Future wage loss
- Loss of quality of life
If you are unsure what a child injury claim entails, contact an experienced Portland child injury accident attorney for help. Consultations are free, so even if you decide not to hire a lawyer, you can get many of your questions answered.