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Fatal Crash on Highway 26 North of Banks – Washington County

Photo Courtesy of Oregon State Police

Photo Courtesy of Oregon State Police

On May 23, 2016 at about 6:44 a.m., Oregon State Police (OSP) troopers and emergency personnel responded to the report of a two vehicle crash on Highway 26 near milepost 49 (north of Banks).

Preliminary investigation revealed a 2003 Chevrolet pickup was traveling westbound on Highway 26 when it crossed over the centerline for unknown reasons. The Chevrolet collided head-on with an eastbound 1993 Peterbilt commercial motor vehicle towing a trailer loaded with logs.

The driver of the Chevrolet, Bradley Cole VANDEHEY, age 20, of Hillsboro, was pronounced deceased on scene by emergency personnel. The driver of the truck, Raymond Michael SCOTT, age 32, of Tillamook, was injured and transported to OHSU where he was treated and released.

Contributing factors to the crash are still under investigation.

Highway 26 was closed for over six hours with an established detour. OSP was assisted by the Oregon Department of Transportation, Banks Fire Department and Washington County Sheriff’s Office.

More information will be released when it is 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 thinking of their families and the life lost.

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.

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1 killed, 4 injured in crash near Warm Springs

hwy26.1_OSP_Photo

(Photo: Oregon State Police pickup damaged in crash on Hwy 26 near Warm Springs, OR)

Date: January 30, 2016

Location: Warm Springs, OR

Names: Matthew Hiller, Wendy Hiller & Juan Guerrero Gomez

Warm Springs, OR – 42-year-old Matthew Hiller of Vancouver was killed in an accident on Highway 26 near milepost 93 and four others sustained injuries.

The accident occurred at around 9 p.m. during a period of heavy snowfall. Juan Guerrero Gomez, 42, of Gresham was traveling westbound when the vehicle he was driving crossed the centerline and collided with an SUV driven by Matthew Hiller, according to Lt. Cari Boyd of the Oregon State Police.

Mattew Hiller was the driver of the SUV that was struck by the vehicle driven by Juan Guerrero Gomez. Mattew Hiller was pronounced dead at the scene, Boyd said.

Three of the passengers in Mattew Hiller’s SUV were also injured. 44-year-old Wendy Hiller and two children. In addition, Gomez was also injured. Wendy Hiller and a very young child were taken to the hospital with minor injuries. A 12-year-old with life threatening injuries was flown to St. Charles Medical Center in Bend.

According to Oregon State Police, all occupants of both vehicles were wearing seatbelts.

We extend our condolences to the family and friends of Mattew Hiller

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.

One Woman Dead, Two Injured in Highway 26 Crash near Seaside

Date: November 29, 2015

Location: Highway 26

Names: Unavailable

One Woman Dead, Two Injured in Highway 26 Crash near Seaside

Sunday evening, three-vehicles crashed on Highway 26 East of Seaside near the Junction of Highway 103.

One woman died at the scene and two other people were taken to Portland hospitals.

We extend our condolences to the family and friends of the woman and wish 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. 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.

Two Motorcyclists Injured in Collision on U.S. 26 near Sandy

Date: September 23, 2015

Location: U.S. 26

Names: Marc R. Gibson, Vernon Henderson

Two Motorcyclists Injured in Collision on U.S. 26 near Sandy

Wednesday morning a two-motorcycle crash on Highway 26, east of Sandy, injured two men and shut down the highway for more than three hours.

Marc R. Gibson, 65, of Oregon City, and Vernon Henderson, 68, of Clackamas, were riding Harley-Davidson motorcycles east on U.S. 26 when one of them drifted left and hit the cable barrier. Henderson, who was following behind Gibson, hit his motorcycle and both were thrown off.

Gibson was serious injured and is undergoing treatment at Legacy Emanuel Medical Center and Henderson was taken to the hospital and is in good condition now.

We wish Marc R. Gibson and Vernon Henderson a full and speedy recovery.

The rate of injury and death is much greater for motorcycle accidents than for normal car crashes because the rider is less protected than a driver. Unfortunately, this means a motorcycle rider is more likely to suffer serious injury and need extensive treatment, which will mean high medical bills.

If someone is injured in a motorcycle accident, like this one, there are several legal options. Unfortunately in Oregon, motorcycle insurance policy holders are not required to have Personal Injury Protection (PIP) so most policies don’t have it. If the injury victim does have PIP, it will help pay medical bills and lost wages, no matter who is at fault.

To reach a settlement with the at-fault driver’s insurance, the injury victim must show the bad driver’s insurance company three things:

  1. That their insured driver was negligent in some way;
  2. That the accident was caused by this negligence; and
  3. That the injury victim suffered damages due to the accident.

If you have any questions about pursuing a motorcycle accident claim, call a Portland motorcycle accident lawyer for a free consultation. Make sure any lawyer you contact has ample experience with motorcycle laws, as this specialized area is different from car accident law.

Washington Man Trapped in SUV down U.S. 26 Embankment

Date: September 2, 2015

Location: U.S. 26

Name: Henri P. Stephenson

Washington Man Trapped in SUV down U.S. 26 Embankment

Wednesday afternoon a Washington man spent at least an hour trapped inside his SUV after driving down an embankment off U.S. 26 in Washington County.

A 1995 Ford Explorer driven by Henri P. Stephenson, 66, of Ocean Park, Washington, was heading east on Highway 26 when he traveled off the road and crashed down an embankment.

Stephenson was extricated from the SUV and taken to OHSU with serious injuries.

Driver fatigue may have contributed to the crash.

Car accidents can be life-changing, and we hope Henri P. Stephenson 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.

Grant County Man Dies in Single-car Crash on U.S. 26

Date: August 17, 2015

Location: U.S. 26

Name: Leonard John Radinovich

Grant County Man Dies in Single-car Crash on U.S. 26

Early Sunday morning an 18-year-old man died in a single-vehicle crash on U.S. 26 in Grant County.

Leonard John Radinovich, 18, of John Day, was driving down Highway 26 in a silver Toyota 4-Runner when he lost control of his vehicle and veered off the road, rolled over and came to a rest in a field.

Radinovich was not wearing his seat belt, was ejected from the car and pronounced dead at the scene.

The passenger in the car was a 15-year-old who was wearing a seat belt and was not injured.

Alcohol may be a contributing factor in the crash.

Car accidents can be life-changing, and we extend our condolences to the family and friends of Leonard John Radinovich.

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.

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