Category Archives: Oregon State Police
Date: May 15, 2015
Location: Highway 30
Names: Kirk L. Hubbard, Loretta Sampson
Early Friday morning a pedestrian crossed Highway 30 from Larson Road to a TriMet bus stop.
A 2007 Freightliner driven by Kirk L. Hubbard, 56, of McMinnville, slowed down to a stop for the pedestrian.
A 1995 Chevrolet Surburban driven by Loretta Sampson, 58, of Scappoose, hit the back of the Freightliner truck.
Sampson was transported to Emmanuel Hospital in Portland with serious injuries. Hubbard was not injured in the accident. Both drivers were wearing their seat belts.
The pedestrian was picked up by a passing car headed eastbound. The pedestrian is described at a white male, 50-60 years old with grey balding hair and 203 days growth of a beard, wearing a blue jacket, blue cargo shorts and blue tennis shoes.
We wish Loretta Sampson 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:
- 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.
Date: March 19, 2015
A deadly crash between a semi-truck and a pedestrian occurred on Interstate 5 southbound near the rest area south of Wilsonville.
Troopers think a male pedestrian intentionally went into traffic.
We wish the man 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.
Date: December 28, 2014
Location: Highway 140E in Klamath Falls Oregon
Names: Garrett Zimmer and Marri Young-Wellbaum
Two people were killed and one injured in a 1 vehicle accident in Klamath Falls Oregon that happened early Sunday morning at approximately 7:40 a.m.
The crash occurred near milepost 3 at Highway 140 East. Reports indicate that a red Ford Ranger was heading West bound when it veered off the road and collided with a road side lamp post and highway sign. The vehicle then rolled over several times before resting in a nearby pasture, Oregon State Police reported.
Garrett Zimmer, 22 of Hermiston, and Marri Young-Wellbaum, 26, were thrown from the vehicle and died at the scene.
The third passenger, Guage Gray, 22, of Klamath Falls, was taken to Sky Lakes Medical Center in Klamath Falls and treated for non-life-threatening injuries.
“Speed, alcohol and icy road conditions are being investigated as contributing factors in the crash,” Officer Brooks of the OSP wrote, adding “none of the occupants in the vehicle were wearing safety restraints.”
We extend our condolences to the family and friends of Garrett Zimmer and Marri Young-Wellbaum.
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 (time limit on filing a claim) is different. For most car accidents, the SOL is 2 years, but for wrongful death, the SOL is “three years after the injury causing the death . . . is discovered or reasonably should have been discovered. . . .” In other words, it’s not three years from the date of death; it’s three years from the date of the original injury that ultimately caused the death.
Additionally, there are limits on who can bring a wrongful death claim. The most common claimants are:
- Children (including stepchildren)
- Parents (including stepparents)
Less common claimants include:
In a wrongful death case, you can ask for compensation for several types of damages as well.
Compensatory damages include.
- Charges for medical services;
- Charges for burial and memorial services;
- Compensation that the decedent would have been entitled to for disability, pain, 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.
Date: February 12, 2014
Location: South Dryland Road, Molalla
Names: Rick Sekne, Darren Baker, Bethany Lael and Larry Lael
Police report that Darren Baker, 53, of Oregon City, was eastbound on South Dryland Road in a 1996 Chevrolet pickup when he ran a stop sign. He then collided with a 2007 Dodge van. The van was driven by Bethany Lael, 59, of Rochester, Wash. The van continued to spin and crossed into the southbound lane, colliding with a 2013 Ford van. During the impact, Baker and his passenger Rick Sekne, 35, of Molalla, were ejected from the vehicle.
Sekne was seriously injured in the accident and was taken to OSHU Hospital for treatment. Baker was treated at the scene by paramedics. Lael and her passenger, Larry Lael, 76, were taken to Silverton Hospital for treatment of minor injuries. The driver of the Ford van was not injured.
The accident remains under investigation at this time and no citations have been issued or arrests made. Police report that Lael and her passenger were wearing safety restraints, while Baker and Sekne were not.
Our hearts go out to all those involved in this crash, especially Rick Sekne, and we hope for a full recovery. In the wake of such a crash, it can be hard to know what to do.
After an auto accident remember to:
1. Take care of your body:
- Get medical treatment and keep treating until stable.
- Don’t be afraid to ask for referrals and to seek out doctors you can trust.
- Keep all of your medical bills and medical records relating to the crash.
2. Collect evidence:
- Take photos at the scene of your car, their car, your injuries, and anything else that seems relevant.
- When you get home, write down any details you remember after the accident.
- File an Oregon Traffic and Insurance Report within 72 hours of the accident. Keep your copy.
- Get a copy of your police report (if one was filed).
- Keep track of the damage done to your vehicle and document repairs with photos.
- Do not give recorded statements to any insurance company without talking to a competent Portland car accident attorney.
3. Protect your rights:
- Read 7 Common Mistakes That Can Wreck Your Oregon Accident Case
- Keep good records of your treatment, damages, lost wages, etc.
- Get all correspondence with insurance companies in writing.
- Find out your statute of limitations.
This process can feel confusing and overwhelming, especially when you are in pain and worried about your financial wellbeing. Remember, you can always contact an Oregon personal injury attorney for a free consultation and evaluation of your case if you need help.
Date: January 31, 2014
Location: Intersection with South Macksburg Road north of Molalla, Oregon 213
Name: Soledad Castro-Montes
The accident occurred when Castro-Montes was driving her 1987 Nissan pickup north when she hit a 2004 Chevrolet pickup heading south near the intersection with South Macksburg Road north of Molalla. Castro-Montes turned left at the intersection into the path of the oncoming pickup.
Castro-Montes was pronounced dead at the scene of the accident while the other driver, Garry Beatty, 49, suffered from minor injuries and refused treatment. Both drivers were wearing seatbelts. The airbag in Beatty’s vehicle deployed. However, Castro-Montes’ pickup was not equipped with an airbag.
The highway was shut for four hours because of the crash and detours were set up to help vehicles around the accident spot.
Our hearts and sincere condolences go out to the friends and family of Castro-Montes 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.
Date: December 2, 2013
Location: Highway 228, Brownsville
Names: Rhonda K. Horner, William Brady
At approximately 7:00 pm, Rhonda K. Horner, 60, from Halsey was traveling westbound on Highway 228 in her 2006 Honda Accord. William Brady,46, from Crawfordsville was traveling eastbound in the opposite lane in his sport utility vehicle. Horner then crossed the center line of the highway and collided head on with Brady.
Both parties were injured in the accident. Horner had to be extricated from her vehicle, and was then air lifted to Sacred Heart Regional Medical Center for treatment of serious injuries. Her current condition was not reported. Brady suffered minor injuries and was treated at Good Samaritan Regional Medical Center. Read the rest of this entry