Category Archives: Pedestrian Accidents

***Name Released*** OSP Seeking Public’s Assistance In Fatal Crash Involving Pedestrian – Lane County

The deceased pedestrian has been identified as Jacob D WALTERS, age 28, of Eugene. No further information is available for release at this time.

***End Release***

Previous Release:
On April 18th, 2016 at about 10:34PM, OSP Troopers and emergency personnel responded to the report of a pedestrian struck on Highway 99W near Clearlake Road just north of Eugene.

Preliminary investigation reveals a 2003 Dodge Ram was traveling southbound on Highway 99W when it struck a pedestrian in the lane of travel. The pedestrian was pronounced deceased at the scene by emergency personnel.

The driver of the Dodge, Ray E LUNT, age 69, of Lincoln City, was not injured in the crash. The identity of the deceased has not been confirmed. That information will be released once the deceased has been identified and a next of kin notification has been conducted.

Highway 99W was partially closed for approximately 4 hours for the investigation. OSP was assisted on scene by Lane Fire Authority, the Oregon Department of Transportation, the Lane County District Attorney’s Office and the Lane County Medical Examiner.

It is believed that one or more persons may have witnessed the incident but not spoke with troopers. OSP is requesting ant persons with information on the incident to call the Springfield Area Command at 541-726-2536. More information will be released as it becomes available as this is an ongoing investigation.

When accidents like this happen it is important that you protect the rights of those who lost their life and their family.

Oregon wrongful death claims are allowed under ORS 30.020, 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.

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Driver Arrested for DUII After Crashing into a Pedestrian on 82nd Avenue Monday Night

On MHugo_Lopez_Aguilar_31onday evening, Portland Police officers arrested a 31-year-old man for DUII after he crashed into a pedestrian on Northeast 82nd Avenue, causing life-threatening injuries.

The investigation began on Monday April 18, 2016, at 10:39 p.m., when East Precinct and Traffic Division officers responded to Northeast 82nd Avenue and Davis Street on the report that a driver crashed into a pedestrian.

Officers and medical personnel arrived and located both parties. The pedestrian, 45-year-old Michael Joseph McBurney, suffering from traumatic injuries. He was transported by ambulance to a Portland hospital where he is being treated for life-threatening injuries.

The driver, 31-year-old Hugo Lopez-Aguilar, remained at the scene and was cooperative with investigators.

Due to McBurney’s injuries, the Traffic Division’s Major Crash Team responded.

Witnesses told police that McBurney was crossing 82nd Avenue westbound in the northside crosswalk, against the “Don’t Walk” signal. Lopez-Aguilar, driving a 1996 Nissan Maxima, was driving southbound on 82nd Avenue in the right line, with a green light to proceed.
While McBurney was in the crosswalk, nearly to the westside of the street, he was struck by Lopez-Aguilar.

Based on information learned at the scene, investigators arrested Lopez-Aguilar for impaired driving and believe that he may be under the influence of marijuana.

Lopez-Aguilar was booked into the Multnomah County Jail on charges of Driving Under the Influence of Intoxicants (DUII). Additional charges may apply after the investigation is complete.

Drivers impaired by alcohol or drugs injure and kill thousands of people every year. People consuming alcohol or drugs are urged not to get behind the wheel and should have a sober driver or utilize taxis, rideshare companies, or transit so everyone is safe on our streets.

The Portland Police Bureau is committed to working with our partners in government and the community to create safer streets and work towards reducing, and eventually eliminating, traffic fatalities as part of Vision Zero.

This is a very trying time for the person who is severely injured and his family too. We wish Michael Joseph McBurney a full 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

8-year-old Killed in Accident in Keizer

(Photo: Keizer PD)

(Photo: Keizer PD)

Date: March 11, 2016

Location: River Road between Sam Orcutt & Sunset in Keizer, Ore.

Victims: Jaren Nash

Keizer, Ore. – Keizer Police Department has reported that an 8-year-old boy was hit by a Vehicle on River Road and has died from his injuries.

At about 7 p.m. on Friday night March 11th, the 8-year-old Jaren Nash was crossing the road with his mother Devon Rutherford of Keizer. They were not in a marked crosswalk when Jaren was struck by a 2006 Ford Explorer driven by William Wetzler, 31, of Salem, on River Road between Sam Orcutt and Sunset, according to Jeff Kuhns with Keizer PD. Despite Jaren being taken by air ambulance to OHSU he unfortunately was not able to survive his extensive injuries and he died at the hospital.

Jaren Nash was a student at Schirle Elementary School in Salem.

The driver William Wetzler remained on scene and cooperated with investigators. It was dark and wet at the time of the accident and the investigation is ongoing.

oregon-wrongful-death-laws-smOur hearts go out to all the members of all the families affected by this accident. This was a terrible tragedy, and we just hope everyone involved in the crash knows that there are a lot of people thinking of them.

The period after an accident like this can be a very confusing and challenging time. 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.

KOIN News reports on the event can be viewed here: http://koin.com/2016/03/11/young-boy-hit-by-car-in-keizer/

Bend Officer Involved in Pedestrian Accident

(Photo: Oregon State Police)

(Photo: Oregon State Police)

Date: March 6, 2016

Location: Bend, Ore.

Names: Brian Zacher

The Bend Police Department reported that Cpl. Rob Emerson was in route at about 7AM Saturday, westbound on Greenwood Avenue with his emergency lights and siren on in his marked 2015 Ford Explore when he entered the intersection at 8th Street and collided with a 1997 Chevrolet pickup.

Cpl. Emerson’s vehicle then slid onto the southwest corner of the intersection, jumping a curb and hitting 39-year-old Brian Zacher, of Tualatin before crashing into a doughnut shop. Both officer Emerson and Zacher’s were hospitalized at St Charles Medical Center in Bend with non-life threatening injuries.

The driver of the pickup Eric C Olson, 58 of Bend was uninjured and no one in the doughnut shop sustained any injuries.

We extend our wishes of a speedy recovery to Brian Zacher and Officer Emerson. Best wishes to their family and friends during their 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.

Beaverton Man Struck & Killed Running to Catch Bus

Date: March 2, 2016

Location: Beaverton, Ore.

Name: Zachary Ronald Marsh

Beaverton, Ore. – Zachary Ronald Marsh, 29 was struck by a car and killed, while running through traffic to catch a TriMet bus.

According to Beaverton Police, at about 4 p.m. on Wednesday night Zachary Ronald Marsh ran through traffic that had a green light on Southwest Hall Boulevard. Mike Rowe of the Beaverton Police Department stated that a vehicle traveling westbound struck Marsh near Greenway Boulevard.

The driver stayed on scene and was fully cooperative with investigators. The driver was not issued a citation and was not at fault in the crash, Rowe said.

Life Flight transported Zachary to the hospital where he later died from his injuries.

Southwest Hall Boulevard was closed from Greenway Boulevard and Nimbus Avenue until about 6 p.m. while a full investigation was conducted.

Our condolences go out to the family and friends of Zachary Ronald Marsh.

When accidents like this happen it is important that you protect the rights of those who lost their life and their family.

Oregon wrongful death claims are allowed under ORS 30.020, 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.

Woman hit by truck and killed in Lake Oswego

Date: February 8, 2016

Location: Lake Oswego, Ore.

Names: Vicky Stroh

LAKE OSWEGO, Ore. – Vicky Stroh of Lake Oswego was killed around 5:30 a.m., near the intersection of Highway 217 northbound and Interstate 5 southbound.

According to investigators, Vicky Stroh was in the crosswalk on Highway 217 when she was struck by a vehicle.

Jim Wolf with the Tigard Police Department reported that the accident victim was wearing headphones at the time of the incident and may not have heard the truck coming. Wolf also reported that Stroh had not activated the pedestrian control device on the crosswalk.

The driver of the truck remained at the scene of the accident and cooperated with investigators.

We extend our condolences to the family and friends of Vicky Stroh.

Oregon wrongful death claims are allowed under ORS 30.020, 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.

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