Category Archives: personal injury

Motorycle Crash Kills Klamath Falls Man – Klamath County

Photo of Portland State Police

Photo of Portland State Police

On May 30, 2016 at about 6:15 PM, OSP Troopers and emergency personnel responded to the report of a motorcycle crash on Running Y Road near Highway 140.

Initial investigation revealed a 2002 Harley Davidson motorcycle was traveling southbound on Running Y Road approaching Highway 140 when it failed to negotiate a sharp curve. The motorcycle traveled across a grassy area before ejecting the operator into a pond.

The operator, James D DEHART, age 47, of Klamath Falls, was pronounced deceased at the scene. Speed is being considered as contributing factor in the crash. More information will be released when it becomes available.

Our thoughts and prayers go out to the families of those involved in this accident.

One of the most difficult parts of an accident like this is the fact that there will be immediate bills that will need to be taken care of in a timely manner. 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 or a wrongful death can be addressed.

This is a sensitive time for all those involved but it is important to remember that the lives of those left behind must be protected to the fullest extent of the law.

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.

Two Vehicle Crash Near Gaston Sends Seven To Hospital – Washington County

Courtesy of Oregon State Police

Courtesy of Oregon State Police

On May 28, 2016, at about 10:30PM, OSP Troopers from the North Plains Worksite and emergency personnel responded to a two vehicle injury crash on Highway 47 at Seghers Road (just north of Gaston).

Preliminary investigation revealed a 2003 Ford F-350 pickup was southbound on Highway 47 waiting to turn left onto Seghers Road when it was struck from behind by a 2009 GMC Acadia SUV. The impact sent the pickup across the northbound lane of Highway 47 and into the ditch.

The driver of the GMC, Theresa TRICARICO, age 45, of Gaston, had to be extricated from the vehicle and was transported via air ambulance to OHSU with serious, but non-life threatening injuries. TRICARICO’s five passengers in the vehicle all received minor injuries and were transported to OHSU via ground ambulance.

The driver of the Ford pickup, Eileen “Michelle” KORMAN, age 50, of Gaston, received minor injuries and was transported via ground ambulance to Saint Vincent Hospital in Portland.

The cause of the crash is still under investigation. The highway was briefly shut down for about 20-30 minutes for air ambulance to land and for medical personnel to finish extrication of TRICARICO. OSP was assisted at the scene by Forest Grove Police, Forest Grove Fire Department, Metro West Ambulance and the Oregon Department of Transportation.

More information will be released as it becomes available.

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.

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. Right 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. Get all correspondence with both insurance companies in writing.
  8. Do not sign anything until you are done treating and are medically stationary.
  9. 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.
  10. 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.

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

John E Kipp & Norman D Anderson Injured in major accident

(Photos Courtesy: OSP)

(Photos Courtesy: Oregon State Police)

Date: March 15, 2016

Location: Interstate 5 near milepost 32 near Medford in Jackson County, Ore.

Victims: John E Kipp & Norman D Anderson

Medford, Ore. – Oregon State Police responded to a head-on collision on Interstate 5 near milepost 32 in Medford, at about 5:40 a.m. on March 15, 2016.

Oregon State Police preliminary investigation indicates that a 2005 GMC pickup, driven by John E Kipp was traveling southbound, the wrong way, down northbound lanes of Interstate 5 when it crashed head-on into a 2001 Dodge Intrepid, driven by Norman D Anderson, age 37, of Medford. Both Kipp, 62, of White City and Anderson, 37 of Medford had to be extricated from their vehicles. Both drivers were taken to Rogue Valley Medical Center for Treatment.

Oregon State Police were assisted by the Jackson County Sheriff’s office and the Oregon Department of Transportation.

This is an ongoing investigation and more details will be released once available.

Our thoughts and prayers go out to the families of those involved in this accident. This was a terrible accident, and we hope everyone involved in the crash knows that there are a lot of people wishing them a speedy recovery.

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:

  1. Get medical treatment. If you’ve been injured, waiting to seek medical treatment can greatly affect the value of your claim.
  2. Right 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. Get all correspondence with both insurance companies in writing.
  8. Do not sign anything until you are done treating and are medically stationary.
  9. 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.
  10. 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.

 

Daniel G. Nofziger & Sharon A. Fillis injured in head-on accident

(Photo Courtesy: Oregon State Police)

(Photo Courtesy: Oregon State Police)

Date: March 14, 2016

Location: Highway 99E Near Oregon City, Ore.

Victims: Daniel G. Nofziger & Sharon A Fillis

Oregon City, Ore. – Oregon State Police responded and emergency crews responded head-on collision near mile-post 16 (just south of Oregon City) on March 14, 2016.

Oregon State Police preliminary investigation indicates that a 1997 Ford pickup was traveling southbound on Highway 99E during a severe weather occurrence involving heavy rain and hail, when it lost control on the slick roadway. The Ford crossed the centerline and collided with a 2007 Honda CRV head-on.

The driver of the 1997 Ford pickup, Daniel G. Nofziger, age 43 of Canby was transported to OHSU with non-life threatening injuries. His fiver year old daughter also suffered non-life threatening injuries and was transported by ground ambulance to Dornbecher’s Children’s Emergency Department.

Sharon A Fillis, age 81, also had non-life threatening injuries. Fillis was transported by ground ambulance to OHSU.

Oregon State Police was assisted by Canby Police Department, Oregon City Police Department and Clackamas County Crash Reconstruction Team.

This is an ongoing investigation that highlights the multiple dangers that drivers face in adverse weather conditions.

Our thoughts and prayers go out to the families of those involved in this accident. This was a terrible accident, and we hope everyone involved in the crash knows that there are a lot of people wishing them a speedy recovery.

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:

  1. Get medical treatment. If you’ve been injured, waiting to seek medical treatment can greatly affect the value of your claim.
  2. Right 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. Get all correspondence with both insurance companies in writing.
  8. Do not sign anything until you are done treating and are medically stationary.
  9. 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.
  10. 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.

 

Shauna L Mortenson & June Wheat Injured in Head-On Collision

(Photos: Courtesy of Oregon State Police)

(Photos: Courtesy of OSP)

Date: March 14, 2016

Location: Highway 26 Near milepost 20 (near Kelso Rd and east of Highway 212) Clackamas County, Ore.

Victims: Shauna L Mortenson, June Wheat

Clackamas County, Ore. – Oregon State Police responded to a head-on crash on Highway 26 near milepost 26 near Kelso Rd and just east of Highway 212, at about 4 p.m. on March 14, 2016.

Oregon State Police preliminary investigation indicate that a 2003 Toyota Sequoia was traveling westbound on Highway 26 during a severe weather occurrence involving heavy rain and hail. The driver of the Toyota Sequoia lost control and crossed the median and directly into the eastbound lane of Highway 26. The Sequoia crashed head-on into a 1998 Chrysler minivan.

June Wheat, 59, of Sandy and the driver of the Chrysler minivan was taken to Legacy Emanuel Medical Center with non-life threatening injuries.

Oregon State Police was assisted by the Clackamas County Sheriff’s Office, Boring Fire Department and the Oregon Department of Transportation.

This is an ongoing investigation that highlights the multiple dangers that drivers face in adverse weather conditions.

Our thoughts and prayers go out to the families of those involved in this accident. This was a terrible accident, and we hope everyone involved in the crash knows that there are a lot of people wishing them a speedy recovery. Shauna_Mortenson_June_wheat

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:

  1. Get medical treatment. If you’ve been injured, waiting to seek medical treatment can greatly affect the value of your claim.
  2. Right 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. Get all correspondence with both insurance companies in writing.
  8. Do not sign anything until you are done treating and are medically stationary.
  9. 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.
  10. 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.

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