Category Archives: Drunk Driving
Carson Foster Injured in Semi-Truck versus Passenger Vehicle Crash
(Photo: Courtesy Oregon State Police)
Date: March 15, 2016
Location: Highway 97 and Iris Lane near milepost 103 Jefferson County, Ore.
Victims: Carson Foster
Jefferson County, Ore. – Oregon State Police responded to a report of a semi-truck versus a passenger vehicle on Highway 97 and Iris Lane at about 3:30 a.m. on March 15, 2016.
According to the Oregon State Police’s preliminary investigation it showed that a 2008 Toyota Prius going eastbound on Iris Lane failed to obey the stop sign at Highway 97. The 16-year-old driver, from Culver, Oregon, continued through the stop sign at a high rate of speed and collided with a 2003 Peterbilt tractor trailer. The driver of the Peterbilt, Warren F. Ramey, 72 of Powell Butte, remained on scene and provided a statement that the Toyota was travelling at highway speeds when it ran through the stop making the collision unavoidable. 
The massive impact caused the Toyota to roll multiple times, prior to coming to rest in a field. Both occupants of the Toyota had to be extracted from the vehicle. The vehicle’s driver, a 16 year old female resident of Culver , Oregon was taken to Saint Charles Medical Center in Redmond with non-life threatening injuries. Her passenger Carson Foster, 18 of Metolius, Oregon, was taken by air ambulance to St Charles Medical Center in Bend with life-threatening injuries.
Alcohol is being investigated as a contributing factor to the crash. The 16 year old driver was cited at the hospital for Driving Under the Influence of Intoxicants, Reckless Driving and Assault in the Second Degree.
Oregon State Police was assisted by the Jefferson County Sheriff’s Office, Jefferson County Fire and Rescue and the Oregon Department of Transportation.
This is an ongoing investigation that highlights the multiple dangers that all drivers must realize can effect victims for the rest of their lives.
Our hearts go out Carson Foster and her family. This was a terrible accident, and we just hope everyone involved in the crash knows that there are a lot of people thinking of them. Two very young lives were impacted in many ways on the evening of March 15th and it is very fortunate that the impact of this accident wasn’t of an even greater magnitude.
The period after an accident like this can be a very confusing and challenging time especially when friends and family may be involved. We feel fortunate to be able to provide victims of these types of accidents with resources that help navigate these challenging and trying times. We hope these resources help answer some of the difficult questions you have after an accident and how mounting medical bills can be addressed.
As Portland car accident attorneys, we know that filing an insurance claim can be extremely complicated and stressful but it is important you get the help you need to heal. 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:
- Get medical treatment. If you’ve been injured, waiting to seek medical treatment can greatly affect the value of your claim.
- Right after the accident, write down any details you remember.
- 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.
- Determine the amount of property damage done.
- Start keeping good records. Get the police report, copies of medical bills, pictures of your car before and after repairs, etc.
- If you are considering hiring a lawyer, talk to the lawyer before you talk to the other driver’s insurance company.
- Get all correspondence with both insurance companies in writing.
- Do not sign anything until you are done treating and are medically stationary.
- 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.
- 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.
Joseph A. Dauenhauer Killed by Suspected Intoxicated Driver
Date: February 27, 2016
Newport, Ore. – Joseph A. Dauenhauer suffered fatal injuries after the vehicle he was driving in on Highway 20 was struck head-on by a Subaru driven by 32-year-old Jennifer R. Rozewski, of Waldport who investigators believe was intoxicated at the time of the accident.
Jennifer Rozewski Charged With Second-Degree Manslaughter & Driving Under the Influence of Intoxicants (Photo: Oregon State Police)
According to investigators, Joseph A. Dauenhauer’s pickup truck was hit head-on by a driver who was under the influence of alcohol or other intoxicants. The driver of the other vehicle Jennifer R. Rozewski was arrested on charges of second-degree manslaughter and driving under the influence of intoxicants.
Investigators believe alcohol or other intoxicants may have been a contributing factor to this fatal accident. According to Lt. Bill Fugate of Oregon State Police, a Subaru driven by Jennifer R. Rozewski, traveling eastbound on Highway 20 crossed the center line shortly after midnight on Saturday morning, colliding head-on with 52-year-old Joseph A. Dauenhauer’s pickup which was traveling westbound.
Joseph Dauenhauer was taken to Samaritan Pacific Communities Hospital, where he later died as a result of his catastrophic injuries.
We extend our condolences to the family and friends of Joseph Dauenhauer.
Oregon wrongful death claims are allowed under ORS 30.010-30.100, but the law is much more complicated than a normal accident case. First of all, the statute of limitations (SOL)(time limit on filing a claim) is different. For most car accidents, the SOL is two years, but for wrongful death, the SOL is “three years after the injury causing the death . . . is discovered or reasonably should have been discovered. . . .”
Additionally, there are limits on who can bring a wrongful death claim. The most common claimants are:
- Spouses
- Children (including stepchildren)
- Parents (including stepparents)
Less common claimants include:
- Grandchildren
- Siblings
- Grandparents
In a wrongful death case, you can ask for compensation for several types of damages such as:
- Charges for medical services;
- Charges for burial and memorial services;
- Compensation that the decedent would have been entitled to for disability, pain and suffering, and loss of income during the period between injury and death;
- Compensation for “pecuniary loss” to the decedent’s estate;
- Compensation for the loss of the decedent’s “society, companionship and services” to the decedent’s spouse, children, stepchildren, stepparents, and parents;
Punitive damages are allowed as well, but are rare in Oregon since the State takes 70% of punitive damages awarded. If you have lost a loved one, call a Portland wrongful death attorney for help in securing the compensation you deserve
Passenger Killed in Rear-end Crash with Taxi in Woodburn
Date: November 15, 2015
Location: Highway 99 near Belle Passi Road
Names: Erica Perez, Martha Cruz Aldama, Leovigildo Torralba Arzola, Eliceo Armmenta Arredondo, Francisco Aguilar Munoz
Passenger Killed in Rear-end Crash with Taxi in Woodburn
Early Sunday morning a passenger was killed when a suspected drunk driver rear-ended a taxi near Woodburn.
The taxi driver, Erica Perez, 31, of Woodburn, was transporting three passengers when her minivan was rear-ended. One of the passengers riding in the back seat, Marth Cruz Aldama, 34, of Woodburn, was killed in the crash.
The driver of the SUV that rear-ended the taxi was identified as Leoigildo Torralba Arzola, 29, of Salem. Police believe alcohol was a contributing factor to the crash.
The other two passengers in the taxi were Eliceo Armmenta Arredondo, 41, of Beaverton, and Francisco Aguilar Munoz, 45, of Hillsboro.
We extend our condolences to the family and friends of Martha Cruz Aldama.
Oregon wrongful death claims are allowed under ORS 30.010-30.100, but the law is much more complicated than a normal accident case. First of all, the statute of limitations (SOL)(time limit on filing a claim) is different. For most car accidents, the SOL is two years, but for wrongful death, the SOL is “three years after the injury causing the death . . . is discovered or reasonably should have been discovered. . . .”
Additionally, there are limits on who can bring a wrongful death claim. The most common claimants are:
- Spouses
- Children (including stepchildren)
- Parents (including stepparents)
Less common claimants include:
- Grandchildren
- Siblings
- Grandparents
In a wrongful death case, you can ask for compensation for several types of damages such as:
- Charges for medical services;
- Charges for burial and memorial services;
- Compensation that the decedent would have been entitled to for disability, pain and suffering, and loss of income during the period between injury and death;
- Compensation for “pecuniary loss” to the decedent’s estate;
- Compensation for the loss of the decedent’s “society, companionship and services” to the decedent’s spouse, children, stepchildren, stepparents, and parents;
Punitive damages are allowed as well, but are rare in Oregon since the State takes 70% of punitive damages awarded. If you have lost a loved one, call a Portland wrongful death attorney for help in securing the compensation you deserve.
Car Rolls Down Embankment along Hillsboro Road
Date: November 10, 2015
Location: Quatama Road and 227th Avenue
Name: Unavailable
Car Rolls Down Embankment along Hillsboro Road
Early Tuesday morning a car crashed down an embankment in Hillsboro and injured the driver.
The driver went off Quatama Road near 227th Avenue where there was heavy fog in the area.
The driver suffered minor injuries.
Police believe speed and alcohol were factors in the crash.
Car accidents can be life-changing, and we hope the driver 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:
- 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.
- 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.
- 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.
Salem Man Injured After being Struck by a Car on Highway 34
Date: November 1, 2015
Location: Highway 34
Names: German Haro-Arellano, Adrean Antonio Magana
Salem Man Injured After being Struck by a Car on Highway 34
Early Sunday morning a Salem man was critically injured when he was hit by a car on Highway 34 east of Corvallis.
A 2000 Chevy Impala was heaving east on Highway 34 when it hit someone in the lanes of travel.
The pedestrian, German Haro-Arellano, 19, of Salem, was taken to Legacy Emanuel Hospital in Portland with life-threatening injuries.
The driver of the Impala, Adrean Antonio Magana, 18, of Albany, was arrested on charges of driving under the influence, reckless driving, and recklessly endangering another person. Neither Magana or his passenger were injured.
We wish German Haro-Arellano a full and speedy recovery.
In a pedestrian v. car accident, the pedestrian is often seriously injured. In cases where the driver is at fault, the driver’s auto insurance will ultimately compensate the injury victim.
Your own Personal Injury Protection (PIP through your own auto insurance) still applies in this type of case, so use your own auto insurance to pay medical bills until you settle your claim with the at-fault driver’s insurance.
If you don’t have an auto insurance policy, then your health insurance will cover your medical bills. If you don’t have auto or health insurance, the at-fault driver’s PIP should cover your medical bills.
If you are interested in discussing whether you might have a pedestrian accident, call a Portland pedestrian accident attorney for help and a free consultation.
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