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.

Driver Forced Motorcyclist Off the Road, Caused Injuries

Date:  April 15, 2012
Location:  Highway 126, Lane County
Names:  Valentin Camarillo, Christopher Jenson, Kenneth Cornell, Phillip Davis, Amber Johnson

A group of three motorcyclists were arrested Sunday evening because they chased a car that had apparently deliberately run another motorcycle off the road and then driven off. The incident happened on Highway 126, near Eugene.

Dena Turner witnessed the entire episode and told KVAL.com the motorcycle riders were in the eastbound passing lane of Highway 126, when another vehicle drove into the middle of the group and deliberately drove one of the motorcyclists into the opposite lane. The rider on that bike, Valentin Camarillo, 66, of Roseburg, hit gravel, lost control and went off the motorcycle. The driver who caused the accident, later identified as Christopher Jenson, 27, of Springfield, drove off, and that’s when Turner said the other motorcyclists began chasing the vehicle.

Turner said, “These guys were riding…at a safe speed, and this guy went right into the middle of them.” She stopped and helped Camarillo, who Turner said was coherent but was complaining his back had been injured. He was transported to PeaceHealth Sacred Heart Medical Center.

When the other cyclists caught up with the car, they surrounded it at Greenhill Road and started bashing out the car’s windows while it was still moving. “I’d have done the same thing,” Turner said. Police arrested motorcyclists Kenneth Cornell, 54, of Roseburg, Phillip Davis, 35, of Portland, and Amber Johnson, 36, of Myrtle Creek, in relation to damage done to Jenson’s car. Jenson has been charged with reckless driving and reckless endangerment.

We hope Valentin Camarillo is able to recover from this accident, and that the negligent driver is held accountable. Hit and run drivers are cowards and criminals, and as Portland attorneys for hit and run injury victims we are glad Jenson has been held responsible for his actions. Remember, hit and run drivers can be punished in both criminal and civil cases.

According to Oregon law (ORS 811.705), drivers are required to remain at the scene if anyone is injured. If a driver does not do this, they can have criminal charges brought against them once they are found.

We encourage anyone else who witnessed this hit and run to come forward with information! You can call our office, and we will ensure that your identity is protected, and the information is sent to the right person. If you feel more comfortable calling a hotline, Shulman DuBois LLC sponsors the Hit and Run Reward program that gives financial incentives for reluctant witnesses to come forward after hit and run incidents. Remember, you are helping the person who was hit and you helping protect our streets from drivers who do not obey the laws.

In cases like this, the hit and run driver can also have a civil lawsuit brought against them for all damages to the injury victim. Anyone injured by a hit and run driver has the right to seek legal recourse for injuries and damages to property. This compensation can come from the at-fault driver’s insurance or any personal assets they have.

In many cases, the hit and run driver left the scene because:

1)   They did not have insurance.
2)   They were driving intoxicated.

If the driver was driving intoxicated, you may still be able to file a claim with their insurance company, if you can identify the driver.

If you cannot find the driver, however, OR they do not have insurance, you can still file a claim through your own uninsured motorist (UIM) coverage on your own auto policy.

We understand that this is a complicated process, and we recommend discussing your case with a Portland hit and run accident attorney who offers free consultations if you have any questions.

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.

Woman Injured When Mattress Fell off Another Car

Date:  March, 2012
Location:  I-84, near 181st Avenue
Name:  Yvonne Jordan

A Portland woman suffered a number of injuries, and her car was totaled last month in an accident on I-84 near 181st Avenue. The cause of the accident…a queen-sized mattress.

Yvonne Jordan, 67, from Portland, was driving at about 50 mph in the right lane on a Sunday night when the mattress fell off another vehicle. Traffic prevented Jordan from changing lanes. She hit the mattress, lost control of her car and then struck a concrete barrier. Airbags deployed, and Jordan and her passenger were both left with a number of injuries, and ongoing aches and pains. Jordan also said she’s having difficulty with her insurance company to replace her totaled Subaru Outback.

The report on OregonLive.com said that in 2011 alone, OSP reported more than 4,000 obstructions on state highways, including everything from ladders and dishwashers to large screen TVs. “I could have been killed just because someone didn’t secure their load,” Jordan said. “Why don’t people think about how their laziness could hurt others on the road?”

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

Drunk Driver Faces Manslaughter Charges After Fatal Accident

Date:  April 8, 2012
Location:  Highway 99, near Saginaw Road, north of Cottage Grove
Names:  Teresa Marie Grondona, Jeremy C. Henry

A Cottage Grove woman was tragically killed in a head-on collision early Easter morning on Highway 99, north of Cottage Grove. The driver of the other vehicle has been arrested and faces multiple charges.

The accident happened around 3 a.m. Sunday, when Teresa Marie Grondona, 40, from Cottage Grove, was southbound on Highway 99 in a 2010 Ford Focus. When Grondona was near Saginaw Road, a 2001 Dodge Dakota pickup approached in the northbound lane. The truck was being driven by Jeremy Henry, 33, also from Cottage Grove. As the two vehicles approached, Henry lost control of the pickup, crossed the center line and smashed head-on into the Focus.

Emergency responders rushed Grondona to Sacred Heart Medical Center at RiverBend, but she was pronounced dead there a short time later.

Henry received only minor injuries in the crash. He was treated at Cottage Gove Community Hospital, then was released and arrested by the OSP. He has been charged with reckless driving, DUII (alcohol) and manslaughter in the second degree, according to the report on KATU.com.

We would like to send our most sincere sympathies to the family and friends of Teresa Grondona at this tragic time.

If you were 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.

Hwy 30 Accident Leaves 4 Injured After Icy Crash

Date:  April 7, 2012
Location:  Highway 30, near milepost 77, Clatsop County
Names:  Dale Herren, Frank Johnson, Dwayne Thomas

Icy roads are being blamed for a two-vehicle smash that sent four people to the hospital early Saturday morning. Three of those injured are from out of state.

According to the report on TDN.com, the accident was triggered when an eastbound 1992 Ford Bronco being driven by Dale Herren, 35, from Rainier, went out of control on an icy section of Highway 30, west of Westport. The Bronco went directly into the path of a 1996 Ford Windstar being driven by Frank Johnson, 58, from Kelso, Washington, who also had his 6-yeasr-old granddaughter in the vehicle with him. Johnson tried to veer left, but the two vehicles collided almost head-on.

When emergency responders arrived on the scene, they discovered that a passenger in Herren’s vehicle named as Dwayne Thomas, 39, from Toronto, Ohio, had received serious but non-life threatening injuries in the crash. He was taken by ambulance to St. Johns Medical Center in Kelso. Johnson and his granddaughter were taken to Mid-Columbia Medical Center in Astoria, where both are expected to make a full recovery from their injuries. Herren received only minor injuries and was not taken to the hospital.

We wish all the people involved in this frightening 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. Immediately 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 finished receiving treatment 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.