Category Archives: Brain Injury

Man Sues Portland Hotel for Serving 17-Year-Old Driver after Skull Fracture

Date: July 2, 2012
Location: Interchange between Interstate 84 West and Interstate 5 South
Name: Jaba Mebrat

The man who sustained fractured skull and other injuries in a 2012 accident near Portland is suing a Portland hotel for serving alcohol to the 17-year-old driver.

According to suit filed in Multnomah County Court, Jaba Mebrat had attended a wedding at the Sheraton Portland Airport Hotel on July 1, 2012, along with 17-year-old Beka Dekebo. The suit says the hotel employees served Dekebo alcohol without checking his ID and also placed moonshine on the table enabling Dekebo to drink that as well. When Mebrat was asleep on the passenger seat of the car, Dekebo got in and drove it. Dekebo crashed into another car near the Interstate 84 West and Interstate 5 South interchange. Mebrat sustained a fractured skull and other injuries and is now suing the hotel for $450,000 for medical expenses, $50,000 in lost wages, and $475,000 for pain and suffering.

He is also suing Jeffrey Andre Walker, the other driver, claiming he was intoxicated at the time of the accident and speeding. Charges against Dekebo were dismissed and Mebrat is not suing him.

We extend our sympathies to the injured man and hope he recovers completely.

Our best wishes go out to Mebrat; 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.

Man Falls off Moving Truck, Dies

Date: June 28, 2014
Location: Northwest 116th Street, Hazel Dell area
Name: Luke Sperline

One man died on Saturday after falling off a moving pickup truck in the Hazel Dell area.

Luke Sperline, 23, was travelling in the bed of the pickup truck along with a friend after drinking when tried to stand up. He fell off the truck on Northwest 116th Street. Sperline sustained significant injuries on his head and died later in hospital. His friends and the driver of the truck stopped and cooperated with the police. The driver of the truck was not drunk or speeding according to investigators.

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

Our hearts and sincere condolences go out to the friends and family of Sperline 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 Causes Traumatic Injuries to Teen

Date: October 25, 2012
Location: Southeast 110th Avenue and Division Street, Southeast Portland
Name: 18-year-old male

An 18-year-old male sustained traumatic injuries at around 10.30 pm on October 25 because of a hit-and-run in Southeast Portland.

The accident occurred when he was hit by a green sedan. Locals said that the area was dangerous for pedestrians, with many trying to cross the road at that point as the cross walks were far away.

Police have yet to determine the exact cause of the accident and have asked for anyone with information to come forward and share it.

Pedestrian safety takes a hit at this time of the year because of the rain and day light saving hour. Police have urges both pedestrians and drivers to be more alert to avoid such accidents.

We extend our sympathies to the family and friends of the injured man and hope he recovers quickly and completely from his injuries.

We hope the injured person is able to recover from this accident, and that the hit and run driver is held accountable. Hit and run drivers are cowards and criminals, and as Portland attorneys for hit and run injury victims we hope this driver is found soon. 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.

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.

 

Bicyclist Injured in Collision in NE Portland

Date: October 23, 2012
Location: North Williams Avenue and Northeast Wheeler Avenue, Rose Garden Arena
Name: Male Bicyclist

An unidentified male bicycle rider suffered a head injury when he collided with a security patrol car at around 10 pm on Tuesday near North Williams Avenue, Rose Garden Arena.

Police said that the injured man has been shifted to Legacy Emanuel Hospital. The cyclist was coming up the road on the wrong side, was not wearing a helmet, had no lights on his bike, and was wearing dark clothes.

The driver of the security car escaped unhurt. Police are still investigating the circumstances of the accident and have not yet issued any citations.

We extend our sympathies to the injured man, his family, and friends during this difficult time. We hope the man is identified soon and his family notified of his condition and that he recovers quickly and completely from the injuries sustained.

We wish the injured man a full and speedy recovery, and we hope this accident serves as a reminder to drivers to be careful around Oregon bicyclists.

When a bicyclist gets hit by car, the biker always loses – no matter who was at fault – because cars are so much heavier. As Portland bicycle accident attorneys, we understand the dangers and the consequences of getting hit by car.

In bicycle accident cases, injuries are often very severe. Even if you were wearing a helmet, make sure you are tested for traumatic brain injury – sometimes these are not immediately apparent until tests have been performed. Seek immediate medical treatment.

What You NEED to Know:

  • If you have been hit by a car, you can file a claim with the auto insurance company of the person who hit you.
  • The at-fault driver’s insurance should cover all your damages, including medical expenses, lost wages, and even damage to your bicycle.
  • Your own Personal Injury Protection (through your own auto insurance) still applies in this type of case, so use your PIP to pay bills until you settle your claim with the at-fault driver’s insurance.
  • You have two years (in most cases) to file a claim.
  • But in some cases, like if the driver works for the city, state, or county, you could have deadlines as soon as 180 days.
  • You should not sign a release with the other insurance company until you are sure you know the extent of your injuries and damages.
  • The insurance adjuster is not your friend. His job is to save his company money by paying you as little as possible.
  • In most cases, it is a good idea to hire a bicycle accident attorney to protect your rights because insurance company adjusters can be tricky.

If you have more questions about the personal injury process, what to do after being hit by car, or want to speak to an attorney, call 503-222-4411 or visit www.pdxinjurylaw.com.

 

Traumatic Brain Injury Infographic

Traumatic Brain Injury Infographic
Shulman DuBois LLC – Portland Brain Injury Attorneys

Man Assaulted With Sports Trophy in Sandy Oregon

Date:  March 14, 2012
Location:  53000 block of East Marmot Road, Sandy
Names:  Brandon Alan Triplett, Christopher William Clevenger

When a Sandy-area man used a sports trophy to assault the new boyfriend of his ex-girlfriend, he landed himself in jail and is now facing a charge of, among other things, attempted first-degree assault.

According to the report in The Oregonian, Brandon Triplett, 33, of Sandy, started arguing with a man named Christopher Clevenger, 32, also of Sandy, about Triplett’s ex-girlfriend, Janica Parham. Police were called at around 2 a.m. Monday morning to intervene, but by the time they arrived, Triplett had already left. But the night’s events weren’t over.

Sometime after 4 a.m., a man identified as Triplett entered Parham’s home in the 53000 block of East Marmot Road, just outside Sandy. As Clevenger slept, Triplett allegedly hit him over the head with a sports trophy. Triplett was arrested a short time later.

We would like to wish Christopher Clevenger a quick recovery from his injuries after this shocking attack.

Intentional assault cases can be complicated. Besides criminal charges, the assailant can also be held accountable in a personal injury case. Victims of assault may also be entitled to compensation under personal injury law, so it is important to understand your rights in this situation.

Even if the person who assaulted you cannot pay, sometimes their insurance company will. You might be entitled to economic, non-economic, and punitive damages. A skilled Oregon assault attorney can investigate this for you, and handle your case, so you can focus on healing and recovery.