Category Archives: Assault Attorneys

Head-On Fatal Crash Near Chemult

Date: December 30, 2014
Location: US97 near milepost 197 Near Chemult, Oregon
Names: Bill Foster Chapman, Aaron Hinrichs, and Danielle Hinrichs

Head-ON Fatal Crash

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At approximately 5:30 p.m. on December 30, 2014 police investigated a head-on crash near Chemult, Oregon.

Preliminary information suggests that Bill Foster Chapman, 86, of Tulelake, CA, was driving a silver 2007 Chrysler PT Cruiser headed Southbound on US97, when for no known reason, Chapman’s vehicle veered into the Northbound lane. Chapman’s vehicle collided head-on with a silver 2011 GMC Acadia being driven by Aaron Hinrichs, 34 of Eureka, CA.

Bill Foster Chapman was transported to St. Charles Hospital in Gilchrist. While being treated, Chapman died from his injuries.

Aaron Hinrichs was also transported to St. Charles Hospital, along with passenger Danielle Hinrichs, 32, and three minor aged children. All passengers in the GMC were noted to have minor injuries.

Ice and Snow were present during the time of the accident.

We extend our condolences to the family and friends of Bill Foster Chapman.

We also wish Aaron Hinrichs, Danielle Hinrichs and the minor age children 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.

2 Bicyclists Hit in Southwest Portland, Woman faces Assault Charges

Date: July 19, 2014
Location: 50thAvenue, Southwest Beaverton-Hillsdale Highway, Southwest Portland
Name: Jasmine Zamora, Cameron Duff

Two bicyclists were hit on Saturday night on Southwest Beaverton-Hillsdale Highway while the woman alleged to have hit them fled the scene.

The accident occurred when Jasmine Zamora, 30, was riding a bicycle behind Cameron Duff, 25, along the highway near 50th Avenue. They were hit from behind by a dark colored car that left the scene.

Another witness who had followed the car led the police to an apartment in the 5700 block of Beaverton-Hillsdale Highway, where police arrested Lisa Lynn Vesely, 32. She was taken to Multnomah County Jail and booked on charges of driving under the influence of intoxicants, third degree assault, two counts of reckless endangerment, and failure to perform the duties of a driver.

We extend our sympathies to the injured and hope they recover quickly and completely.

Our best wishes go out to Zamora; we wish you a speedy and full recovery.

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.

Clackamas County District Attorney’s office has reported they will not be pursuing charges against the driver who caused a fatal car crash near Boring

Date: March 23, 2014
Location: Highway 212, Boring
Name: Cheryl Elaine Hill

The Clackamas County District Attorney’s office has reported they will not be pursuing charges against the driver who caused a fatal car crash near Boring.

Amanda J. Graham, 18, of Boring was driving her pickup truck eastbound on Highway 212 when she crossed over the double yellow line. She then hit a Mazda Sedan driven by Cheryl Elaine Hill, 57, of Oregon City, head on.

Hill was seriously injured following the accident and was transported to the hospital, where she later passed away due to her injuries. Graham was also seriously injured in the accident and was initially listed in critical condition.

Driver fatigue was listed as the major contributing factor in the crash and Graham was charged with reckless driving, but she will not face any additional charges. Both parties were wearing their seatbelts and alcohol and drugs were not factors in the crash.

We would like to express our deepest sympathies to the family and friends of the woman killed in this crash, Cheryl Elaine Hill. Our thoughts are with you during this difficult time.

In these cases the grief of losing a loved one is deepened by the knowledge that their death may have been due to someone else’s negligence. While it is a small consolation, it is possible to file a wrongful death claim under ORS 30.010-30.1000.

The Oregon statute outlines who is entitled to compensation. Spouses, children, and parents are the most common claimants, but under some circumstances, grandchildren, siblings, and grandparents may be able to bring a wrongful death claim as well. A Personal Representative, usually chosen by the family and approved by a judge, must bring the lawsuit for these beneficiaries.

 

It is important to note that the time limits for filing a wrongful death claims are very complicated and depend entirely on the circumstances. Your time limit (statute of limitations) may be as little as one year, so preserving evidence and seeking legal help in a timely manner can be extremely important to the case.

 

If you need to speak with a Portland wrongful death attorney, most offer free consultations. Many will also help you investigate the accident for free until you decide what to do about representation. Let them help you navigate this legal process, so that you can grieve without jeopardizing your rights.

 

If you are looking for more information about wrongful death claims, please order our free guide, Oregon Wrongful Deaths: A Family Guide to the Civil Justice System After the Death of a Loved One.

A West Linn teen was killed, and another critically injured, in a June 8th, 2014 crash

Date: June 8, 2014
Location: SW Petes Mountain Road, West Linn
Name: Hayden Soyk, Maddi Higgins

A West Linn teen was killed, and another critically injured, in a Sunday, June 8, 2014 crash.

Police report that Hayden Soyk, 18, was operating his BMW on SW Petes Mountain Road in the early evening on Sunday. His vehicle left the road and struck a power pole.

Both Soyk and his 17-year-old girlfriend, Maddi Higgins, were trapped in the car and crews had to work several hours to pull them both out. Soyk passed away shortly following the accident, while Higgins was taken to a Portland hospital for treatment. She is currently reported to be in critical condition.

Soyk graduated from West Linn High School last year and was currently attending classes at Clackamas Community College. He worked at Sam’s Island Pizza in West Linn. Higgins is a junior at West Linn High School and was also reported to be on a softball team with Soyk’s sister.

Sam’s Island Pizza held a vigil on Monday afternoon to pray for both victims of this crash.

To the family and friends of Hayden Soyk, we would like to express our deepest sympathies and condolences for your loss. Our thoughts are with you at this time. We would also like to wish Maddi Higgins a fast and full recovery following this horrific accident.

While many single car accidents are considered to be the fault of the driver, it is not uncommon for these types of accidents to be more complex than they appear. Poorly maintained roads, bad signage or traffic control devices, negligent mechanics, car manufacturing defects and/or poor design, can all contribute to a single-car accident.

To protect your rights, and any potential claim you may have, it is imperative to investigate these other possible causes as soon as possible. Road repairs, changes to the intersection, etc., can all obscure the evidence you might need to prove your claim. And, if a public body is negligent, you may lose your rights if you don’t send an Oregon Tort Claim within 180 days.

In a single-car accident, your Personal Injury Protection (PIP) should cover all your lost wages and medical bills up to at least $15,000 (the minimum coverage required by Oregon law). PIP is no-fault insurance, so PIP applies no matter who is found at fault for the accident.

If you or someone you know has been involved in a single car accident that they believe was not their fault, consider talking to an experienced Portland accident attorney or reading 7 Common Mistakes That Can Wreck Your Oregon Accident Case, which can answer the most common questions people have after a car accident.

Woman Fatally Hit by Charter Bus in Portland

Date: June 8, 2014
Location: Greyhound bus station, Portland, near Northwest Sixth Avenue and Glisan Street
Name: Montserrat Hernandez Garcia

An 18-year-old woman, Montserrat Hernandez Garcia, was hit fatally by a charter bus near the Greyhound bus station in Portland on Sunday.

Police continue to investigate the accident that disrupted traffic and some bus services. The accident occurred when a large white charter bus turned into Sixth Avenue from Glisan Street. The young woman stepped onto the crosswalk with the walk light in her favor when the bus hit her and ran over her. The bus was stopped by the driver after onlookers alerted him. The bus is owned by MTR Western a Seattle-based company, according to its CEO, Marka Waechter. The company has been in operation since 2003.

We extend our sympathies to the family and friends of the dead woman.

Our hearts and sincere condolences go out to the friends and family of Garcia during this challenging and tragic time.

In these cases the grief of losing a loved one is deepened by the knowledge that their death may have been due to someone else’s negligence. While it is a small consolation, it is possible to file a wrongful death claim under ORS 30.010-30.1000.

The Oregon statute outlines who is entitled to compensation. Spouses, children, and parents are the most common claimants, but under some circumstances, grandchildren, siblings, and grandparents may be able to bring a wrongful death claim as well. A Personal Representative, usually chosen by the family and approved by a judge, must bring the lawsuit for these beneficiaries.

It is important to note that the time limits for filing a wrongful death claims are very complicated and depend entirely on the circumstances. Your time limit (statute of limitations) may be as little as one year, so preserving evidence and seeking legal help in a timely manner can be extremely important to the case.

 

If you need to speak with a Portland wrongful death attorney, most offer free consultations. Many will also help you investigate the accident for free until you decide what to do about representation. Let them help you navigate this legal process, so that you can grieve without jeopardizing your rights.

If you are looking for more information about wrongful death claims, please order our free guide, Oregon Wrongful Deaths: A Family Guide to the Civil Justice System After the Death of a Loved One.

Hit-and-run suspect turns himself in to police

Date: June 7, 2014
Location: SE Foster Road, Portland
Name: Dorena Hernandez

A man turned himself in following a hit-and-run accident that seriously injured a pedestrian on June 7, 2014.

Police report that 33-year-old Dorena Hernandez was hit as she was walking on SE Foster Road, west of SE 172nd Avenue. It was around 11 pm at night and she was hit by a truck pulling a trailer, that left the scene of the accident. The truck was reported to be dark in color and was pulling a white Wells Cargo or First Interstate trailer.

Hernandez was transported to a local hospital with serious injuries. Her current condition is not known.

Police initially released photos of the truck in an attempt to get witnesses to come forward to help identify the driver.

On Monday, Charles Francis Gillespie, 67, turned himself in to the police. Charges are currently pending and he is reported to be cooperating with the investigation.

Specific details of the accident have not been released, like if Hernandez was crossing in a marked crosswalk or if Gillespie was aware that he hit someone.

We would like to wish Dorena Hernandez a fast and full recovery from her injuries. We hope that she suffers no permanent disability and if the hit-and-run driver is found negligent, he will be held accountable for his actions.

According to the Oregon Department of Transportation, there are over 1,000 hit and run injury accidents in the state every year. These often tragic and disturbing crashes affect pedestrians, bicyclists, motorcyclists, etc. – and often greatly affect their families as well.

We send our best wishes to all of the victims of these terrible crimes, and especially to Dorena Hernandez. We wish you a speedy and complete recovery.

ORS 811.705 explains that it is a criminal offense to hit a person, animal, or private property and leave the scene without rendering aid, exchanging information, and reporting the accident to the DMV. This failure to perform the duties of a driver is a crime, and in some instances, a felony.

Just because you don’t know who hit you, doesn’t mean you can’t get help. In Oregon, every driver is required to have at least $25,000 in Uninsured/Underinsured Motorist (UIM) coverage. This means you can file a claim with your own insurance.

Filing a claim with your own insurance can be confusing, however, so talk to a dedicated Portland hit and run attorney to discuss your case for free, or consider ordering our Free Oregon Accident Book to learn more about UIM insurance coverage.

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