Category Archives: UIM

Two Men Killed by Pickup Driver in Hit-and-Run Collision

Date: October 30, 2013
Location: US Highway 199, Cave Junction
Names: Robert Calvin, Jarred Quinn Houston

Two men were killed in a hit and run collision on October 30, 2013.

Police report that 41-year-old Robert Calvin, of Cave Junction, was walking along U.S. Highway 199 around midnight on the 30th. Then, 21-year-old Jarred Quinn Houston pulled over to the side of the road. Police report that he might have had a mechanical problem. Calvin and Houston got into an argument and were fighting in the southbound lane when someone driving a tan pickup truck hit them both.

The driver of the pickup left the scene immediately. Both men were killed in the collision and had passed away by the time first responders arrived at the scene.

There were few leads on who was driving the pickup truck. The pickup was described as a tan, compact truck with a matching canopy. It was possibly a late 1980’s model, and would have sustained front end damage as a result of the collision. Anyone with information relating to the identity of the hit and run driver is asked to call 541-776-6111.

We would like to express out deepest sympathies to the family and friends of Robert Calvin and Jarred Quinn Houston, the two men killed in the crash. We hope the hit and run driver is located and held accountable for their actions and our best wishes are with you all during this difficult time.

According to the Oregon Department of Transportation, there are over 1,000 hit and run injury accidents in the state every year. These often tragic and disturbing crashes affect pedestrians, bicyclists, motorcyclists, etc. – and often greatly affect their families as well.

ORS 811.705 explains that it is a criminal offense to hit a person, animal, or private property and leave the scene without rendering aid, exchanging information, and reporting the accident to the DMV. This failure to perform the duties of a driver is a crime, and in some instances, a felony.

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.

Portland Oregon Wrongful Death Attorneys

Black Ice Caused Collision Between Car and Bus

Date: March 7, 2013
Location: Molalla., Oregon 211
Name: Alexandra Vanderpool, Lori Koos

An accident between a car and a school bus resulted in multiple injuries on Thursday, March 7, 2013.

Lori Koos, 57, of Molalla, was operating a school bus on Oregon 211 near South Vaughan Road when she was hit head on by a 2011 Volkswagen Passat. The Passat was driven by Alexandra Vanderpool, 19, of Oregon City. Vanderpool was traveling westbound on the 211 when her car hit a patch of black ice on the roadway. She lost control of the vehicle and swerved into the eastbound lane, where she collided with the school bus head on.

Vanderpool was seriously injured in the accident and she had to be air lifted from the scene for emergency treatment at Legacy Emanuel Medical Center. She is currently listed as being in good condition.

Koos, the driver of the school bus, suffered injuries as well and was taken to Providence Wilamette Falls Medical Center, where she was treated and released.

Authorities are still investigating the accident, though it appears that the icy road conditions were the major factor for the crash. Luckily, the accident occurred in the early morning, so Koos had just started to drive her bus route for the day and had no children onboard.

We would like to express our best wishes to all the parties involved in this accident and hope that Ms. Koos and Ms. Vanderpool have a rapid recovery from their injuries.

Accidents like this are commonly caused by wet roads and ice. When these conditions occur, you need to be especially careful. Unfortunately, in most cases these accidents are considered the fault of the driver. But, in some cases, the accident may have been caused by poor road conditions, other drivers’ bad judgment, or another reason not readily apparent.  Personal injury lawyers have experience with these types of investigations, or you can hire a personal investigator with experience in auto crashes.

Even if the insurance company finds you at fault, you can still pursue getting your bills paid through your UIM policy coverage.  If you need help dealing with the insurance company, or just want to discuss your legal options for ensuring that your damages are paid, our Portland personal injury lawyers can help.

 

Man Killed in Crash on I-84

Date: December 30, 2012
Location: Eastern Oregon, Interstate 84
Name: Freeman Thomason, Timothy Hancock

Freeman Thomason, 69, of North Idaho was killed in a single car accident on Interstate 84 early Sunday morning.

Thomason was a passenger in a vehicle that was traveling eastbound in the left hand lane of Interstate 84 in Eastern Oregon. The driver of the pickup truck, Timothy Hancock, 26, of Hermiston, hit a patch of ice and apparently lost control of the vehicle. The vehicle then hit the center median and rolled over.

Both parties were wearing safety belts at the time of the accident. The driver, Hancock, had non-life threatening injuries. He was transported by ambulance to a hospital in the area. First aid was rendered for his passenger Thomason; however, he died at the scene.

No charges or citations were issued and it appears that weather played a key factor in the accident. In addition to this single vehicle fatality, icy roads also played a part in the fatal charter bus accident on I-84, which killed 9 people and injured 39 others, only four hours later.

We would like to extend our deepest condolences to the friends and family of Freeman Thomason and our best wishes for a fast recovery to Timothy Hancock. Our thoughts are with you as you recover from this tragic accident.

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.

 

 

One Dead in Wilsonville Car Crash

Date: September 21, 2012
Location: Southwest Stafford Road, Wilsonville
Name: Ryan Cory Dawson

Thirty-one-year-old Ryan Cory Dawson of Milwaukie died in a single-car crash on September 21 at Wilsonville.

Dawson was driving a 2000 Subaru Legacy around 7 am on Friday down Southwest Stafford Road when his car crossed the road three times before hitting a utility pole. It appears as if he lost control of the car, though exact details are unavailable. Police said that Dawson was declared dead at the accident site. Dawson was the only casualty of the accident as he was alone in the car at the time of the accident.

Police would welcome any eye-witness statements that can throw light on the accident.

At this tough time, we extend our sympathies to the family and friends of Dawson. Losing a loved one suddenly in a car accident can be traumatic to the family.

Car accidents can be life-changing, and we hope the family is able to cope with the results of the accident.

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.

 

 

Woman Killed After Colliding with Tree

Date: September 13, 2012
Location: Dorena Lake, Shoreview Drive
Names: Marilyn R. Gardner

Marilyn Gardner, of Culp Creek, died in a single car head-on collision on Thursday, September 12.

Gardner, 69, was driving westbound on Shoreview Drive when her Ford Escape drifted off the curve near mile post 2. She collided head on with a tree and was pronounced dead at the scene.

Our best wishes are with the friends and family of Marilyn Gardener following this tragic accident.

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.

Man Injured Springfield Police Officer in Hit and Run

Date:  May 2, 2012
Location:  Marcola and 42nd Streets, Springfield
Name:  Thomas Odell Adams

A man with a history of violence, including manslaughter, has been arrested after a hit-and-run incident in Springfield that injured a police officer. The incident occurred around 1 a.m. Wednesday morning.

The report on KVAL.com says that a Springfield police officer was trying to pull a truck over for running a red light at 28th and Marcola. When the driver kept going down Marcola, the officer followed until the truck finally stopped just south of 42nd Street.

As the officer was getting out of his patrol car, the driver of the truck, Thomas Adams, 37, of Springfield, suddenly reversed his truck into the police car, injuring the officer and causing significant damage to the cruiser. Adams then drove away from the scene and turned onto 42nd Street.

The officer gave chase in spite of his injuries and chased the truck until it crashed in the driveway of a metal shop on 33rd Street. Adams then fled on foot, but he was arrested a short distance away.

Springfield police say Adams already had a warrant for assault in the second degree, and he has now been charged with felony hit-and-run, eluding by vehicle and numerous other charges. He has previously been convicted of manslaughter.

We would like to send our best wishes for a complete and speedy recovery to the officer who was injured while doing his duty.

We hope the officer is able to recover from this accident, and that the hit and run driver is held accountable. Hit and run drivers are cowards and criminals, and as Portland attorneys for hit and run injury victims we hope this driver is held accountable. Remember, hit and run drivers can be punished in both criminal and civil cases.

According to Oregon law (ORS 811.705), drivers are required to remain at the scene if anyone is injured. If a driver does not do this, they can have criminal charges brought against them once they are found.

We encourage anyone who has witnessed a hit and run to come forward with information! You can call our office and we will ensure that your identity is protected, and the information is sent to the right person. If you feel more comfortable calling a hotline, Shulman DuBois LLC sponsors the Hit and Run Reward program that gives financial incentives for reluctant witnesses to come forward after hit and run incidents. Remember, you are helping the person who was hit and you helping protect our streets from drivers who do not obey the laws.

In cases like this, the hit and run driver can also have a civil lawsuit brought against them for all damages to the injury victim. Anyone injured by a hit and run driver has the right to seek legal recourse for injuries and damages to property. This compensation can come from the at-fault driver’s insurance or any personal assets they have.

In many cases, the hit and run driver left the scene because:

1)   They did not have insurance.

2)   They were driving intoxicated.

If the driver was driving intoxicated, you may still be able to file a claim with their insurance company, if you can identify the driver.

If you cannot find the driver, however, OR they do not have insurance, you can still file a claim through your own uninsured motorist (UIM) coverage on your own auto policy.

We understand that this is a complicated process, and we recommend discussing your case with a Portland hit and run accident attorney who offers free consultations if you have any questions.

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