Date: December 28, 2014
Location: Highway 140E in Klamath Falls Oregon
Names: Garrett Zimmer and Marri Young-Wellbaum
Two people were killed and one injured in a 1 vehicle accident in Klamath Falls Oregon that happened early Sunday morning at approximately 7:40 a.m.
The crash occurred near milepost 3 at Highway 140 East. Reports indicate that a red Ford Ranger was heading West bound when it veered off the road and collided with a road side lamp post and highway sign. The vehicle then rolled over several times before resting in a nearby pasture, Oregon State Police reported.
Garrett Zimmer, 22 of Hermiston, and Marri Young-Wellbaum, 26, were thrown from the vehicle and died at the scene.
The third passenger, Guage Gray, 22, of Klamath Falls, was taken to Sky Lakes Medical Center in Klamath Falls and treated for non-life-threatening injuries.
“Speed, alcohol and icy road conditions are being investigated as contributing factors in the crash,” Officer Brooks of the OSP wrote, adding “none of the occupants in the vehicle were wearing safety restraints.”
We extend our condolences to the family and friends of Garrett Zimmer and Marri Young-Wellbaum.
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:
- Children (including stepchildren)
- Parents (including stepparents)
Less common claimants include:
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.
Date: December 19, 2011
Location: Highway 97, milepost 284, near Klamath Falls
Names: Robert Glen, Jeffrey Quigley, Chet Newell
A bizarre chain of events near Klamath Falls on Monday morning ended with three people being taken to the hospital with a variety of injuries. One of the three was later released from the hospital only to be arrested for drunk and reckless driving.
Just after 5 a.m. Monday, a Good Samaritan spotted Robert Glen, 19, of Klamath Falls lying by the side of Highway 97, near milepost 284. Police believe Glen may have been the victim of a hit-and-run. The Good Samaritan was 47-year-old Jeffrey Quigley, of Grenada, California. He pulled his GMC pickup onto the northbound shoulder of the highway, and while he was attempting to help Glen, a Ford Ranger pickup being driven by Chet Newell, 20, from Klamath Falls, crashed into the back of Quigley’s truck, pushing it forward and over Quigley and Glen.
Emergency responders rushed all three men to Sky Lakes Medical Center in Klamath Falls. Newell’s injuries were minor, but both Quigley and Glen were seriously injured. After Newell was released from the hospital, he was immediately arrested, according to the report on KTVZ.com, and charged with DUII, reckless driving and two counts of assault in the second degree.
Police are still seeking information on how Glen became injured before Quigley stopped to help him.
We send our very best wishes for a full and speedy recovery to both Jeffrey Quigley and Robert Glen.
In the wake of an accident like this, each person must deal with it in whatever way works best for them. We would never try to talk someone into taking legal action. It is an individual decision that can only be made by the Quigley and Glen families.
We encourage people to educate themselves on the law of drunk driving in Oregon, and we provide free information to help you settle your lawsuit without an attorney. But when a drunk driver is involved, the law becomes very tricky, and you should contact an experienced Oregon hit and run injury attorney.
Hit-and-run is a serious violation of Oregon Vehicle Code 811.705. The hit-and-run driver must be held civilly and criminally responsible for his actions. In a case like this, the Glen family may be well advised to contact a reputed personal injury attorney with experience in hit-and-run crashes who will fight for the justice and compensation that they deserve. At Shulman DuBois, we believe that what happened to Robert Glen is simply unacceptable; we are committed to making sure that hit-and-run drivers are held accountable for their actions and that both victims and families receive the compensation they deserve.
Date: September 14, 2011
Location: 600 block of High Street, Klamath Falls
Name: Ashley Antal
Klamath Falls police are investigating whether a driver’s medical condition contributed to the crash that knocked power out for more than 1,300 Pacific Power customers, and also along Highway 97, as well as causing a small brush fire Tuesday.
A report on KTVL.com said police were called to the scene of a car accident on the 600 block of High Street at around 7:25 Tuesday evening. When they arrived, they found a Chevy Tahoe being driven by Ashley Antal, 31, of Klamath Falls, had struck a telephone pole after Antal lost control of the vehicle. The Tahoe had flipped onto its side and was badly damaged, as were the telephone pole and a nearby car. The accident also caused a power line crossing the highway to break and fall, triggering a brush fire. Fortunately, Klamath County Fire Department were quickly on the scene and were able to extinguish the fire before it could cause major damage.
No reports were issued regarding Antal’s condition, but Klamath Falls Police issued a press release Wednesday morning saying the accident appears to have been caused by an unspecified medical issue.
We would like to send our best wishes for a full recovery to Antal after this worrying incident.
When a driver passes out due to a medical condition, it can be difficult to figure out whose fault it is. You may be surprised to read this from a personal injury attorney, but it may be nobody’s fault. A freak accident is what we call an “act of God,” and nobody gets blamed.
But, here are some other possibilities:
-The driver may have been on medication that specifically stated she shouldn’t drive. That would make it the driver’s fault.
-The driver may have been on medication that did not state she shouldn’t drive, but should have! That would make it the fault of whoever produced, tested, and labeled the medication.
-The driver may have been on medication that should state that she shouldn’t drive, but the pharmacist mislabeled it. Pharmacy’s fault.
-The driver’s doctor may have misdiagnosed a condition, and therefore failed to tell the driver that she shouldn’t be driving.
There’s no way to know what actually happened to cause this accident without further investigation. This is certainly a situation that can get complicated fast. A competent Portland personal injury attorney can help guide you through the process of investigating the crash, requesting medical records, and filing a claim if necessary.