Category Archives: Portland car accidents

Woman Fractures Neck when Tree Falls on her Vehicle

Date: March 15, 2015

Location: Southwest Market Street

Name: Tina Turner

Woman Fractures Neck when Tree Falls on her Vehicle

On Sunday a 19-year-old woman was driving east on Market Street near the Portland State University campus when a tree fell on her car.

Tina Turner, 19, of Gaston, was taken to OHSU and suffers a fractured neck and bruised hands.

Car accidents can be life-changing, and we hope Tina Turner 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:

  1. 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.
  2. 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.
  3. 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.

Driver Seriously Injured in NE Portland Crash

Date: December 20, 2014

Location: Northeast Glisan and 119th

Names: Unavailable

Driver Seriously Injured in NE Portland Crash

ne-glisan-fatal-12202014-report-it

On Saturday morning, a large pickup truck turned into a compact car in Northeast Portland.

The large pickup truck towing a trailed was driving east on NE Glisan when it tried to take a left turn on 119th and hit an oncoming car.

The truck driver stayed at the scene and it seems the driver was neither impaired nor distracted.

We wish the driver of the car and all the people involved in this crash 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:

  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. If you know you are not going to hire an attorney, contact the insurance company for the other driver yourself. Be honest, but do not give a recorded statement and do not admit any liability.
  8. Get all correspondence with both insurance companies in writing.
  9. Do not sign anything until you are done treating and are medically stationary.
  10. 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.
  11. 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.

Boy Dies and Mother Seriously Injured after Tree Falls on Car

Date: December 11, 2014

Location: Southwest Terwilliger Boulevard

Names: Thomas William Graham & Susan Graham

Teen Dies and Woman Seriously Injured after Tree Falls on Car

crash-portland-katherine

Thursday evening a tree fell on a vehicle killing a teenage boy and injuring a woman as they were trapped inside.

Around 5:30 pm, the woman was driving on Southwest Terwilliger Boulevard near Southwest Castleridge Lane when a very large tree fell on her vehicle causing her to swerve into another tree.

The woman, 50-year-old Susan Graham, was seriously injured and taken to Oregon Health and Science University. Graham’s 11-year-old son, Thomas William Graham, was pronounced dead .

The investigation continues.

We extend our condolences to the family and friends of the dead boy and wish a full and speedy recovery for the woman.

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:

  • 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 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.

A West Linn teen was killed, and another critically injured, in a June 8th, 2014 crash

Date: June 8, 2014
Location: SW Petes Mountain Road, West Linn
Name: Hayden Soyk, Maddi Higgins

A West Linn teen was killed, and another critically injured, in a Sunday, June 8, 2014 crash.

Police report that Hayden Soyk, 18, was operating his BMW on SW Petes Mountain Road in the early evening on Sunday. His vehicle left the road and struck a power pole.

Both Soyk and his 17-year-old girlfriend, Maddi Higgins, were trapped in the car and crews had to work several hours to pull them both out. Soyk passed away shortly following the accident, while Higgins was taken to a Portland hospital for treatment. She is currently reported to be in critical condition.

Soyk graduated from West Linn High School last year and was currently attending classes at Clackamas Community College. He worked at Sam’s Island Pizza in West Linn. Higgins is a junior at West Linn High School and was also reported to be on a softball team with Soyk’s sister.

Sam’s Island Pizza held a vigil on Monday afternoon to pray for both victims of this crash.

To the family and friends of Hayden Soyk, we would like to express our deepest sympathies and condolences for your loss. Our thoughts are with you at this time. We would also like to wish Maddi Higgins a fast and full recovery following this horrific accident.

While many single car accidents are considered to be the fault of the driver, it is not uncommon for these types of accidents to be more complex than they appear. Poorly maintained roads, bad signage or traffic control devices, negligent mechanics, car manufacturing defects and/or poor design, can all contribute to a single-car accident.

To protect your rights, and any potential claim you may have, it is imperative to investigate these other possible causes as soon as possible. Road repairs, changes to the intersection, etc., can all obscure the evidence you might need to prove your claim. And, if a public body is negligent, you may lose your rights if you don’t send an Oregon Tort Claim within 180 days.

In a single-car accident, your Personal Injury Protection (PIP) should cover all your lost wages and medical bills up to at least $15,000 (the minimum coverage required by Oregon law). PIP is no-fault insurance, so PIP applies no matter who is found at fault for the accident.

If you or someone you know has been involved in a single car accident that they believe was not their fault, consider talking to an experienced Portland accident attorney or reading 7 Common Mistakes That Can Wreck Your Oregon Accident Case, which can answer the most common questions people have after a car accident.

Wrong Way Crash near King City Injured 3

Date: April 26, 2014
Location: Oregon 99W, near Southwest Durham Road, King City
Name: Yigene Qiu, Qiong Wu, Brenda Gentry

Three people were injured in a wrong-way crash on Saturday on Oregon 99W, near King City.

According to reports, Brenda Gentry, 48, of Tigard, was driving her Suzuki sedan south on the northbound lane of Oregon 99W near Southwest Durham Road, King County, when she collided head on with a 2008 BMW driven by Yigene Qiu, 21, of Newberg. The Crash injured both driver and the BMW passenger, Qiong Wu, 20.

According to witnesses, Gentry might have been driving with her lights off. She sustained serious injuries while the others sustained non life-threatening injuries.

Gentry has been charged with driving under the influence of intoxicants and fourth degree assault.

We extend our sympathies to the injured and hope they recover completely and quickly.

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 whomever served and continued to serve alcohol to the drunk driver after they were visibly intoxicated, or whomever served alcohol to someone who is underage. This could be a bar, nightclub, restaurant, or whomever 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.

Running Man Dies, Hit By Car

Date: May 4, 2014
Location: Columbia Boulevard, near Portsmouth Avenue, Portland
Name: Not Named

A naked man doing pushups on a Portland road died on Sunday after being hit by a vehicle.

According to police reports, they received a call saying that a naked man was running on the streets of Portland. They received calls that a naked man was doing pushups on the road and had been hit by a vehicle heading west on Columbia Boulevard, near Portsmouth Avenue. He died on the spot. The driver of the vehicle co-operated with the police.

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 the dead man 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.

%d bloggers like this: