Blog Archives
Motorycle Crash Kills Klamath Falls Man – Klamath County
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.
OSP Continuing Investigation into Fatal Motorcycle Crash – Gilliam County
Photo Courtesy of Oregon State Police
Oregon State Police troopers from The Dalles Area Command are continuing their investigation into a fatal motorcycle crash that took the life of an Edmonton, Alberta man.
On May 25, 2016 at about 3:45 PM, DARCY DUTERTRE, age 49 of Edmonton, Alberta Canada was driving a 2010 Yamaha motorcycle northbound on Highway 19 approximately 17 miles south of Arlington, Oregon. As DUTERTRE entered a sharp right hand curve, he drove into the oncoming lane and laid his bike over. DUTERTRE was struck by a southbound 2008 Dodge service truck driven by EDUARDO ZUNIGA-GONZALEZ, age 23 of Condon, Oregon.
While the crash remains under investigation, neither alcohol nor speed appears to have been a factor. High wind gusts were present during the time of the crash.
The Oregon State Police was assisted by the Gilliam County Sheriff’s Office, the Oregon Department of Transportation, Gilliam County Fire and Rescue, and the Royal Canadian Mounted Police.
This was a terrible accident, 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:
- Get medical treatment. If you’ve been injured, waiting to seek medical treatment can greatly affect the value of your claim.
- Right after the accident, write down any details you remember.
- 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.
- Determine the amount of property damage done.
- Start keeping good records. Get the police report, copies of medical bills, pictures of your car before and after repairs, etc.
- If you are considering hiring a lawyer, talk to the lawyer before you talk to the other driver’s insurance company.
- Get all correspondence with both insurance companies in writing.
- Do not sign anything until you are done treating and are medically stationary.
- 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.
- 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.
Coos Bay Motorcyclist Killed In Highway 126 Crash – Lane County
On May 21, 2016 at about 4:45PM OSP Troopers and emergency personnel responded to the report of a vehicle crash involving a motorcycle and passenger vehicle on Highway 126 near milepost 26 (7 miles west of Walton).
Preliminary investigation revealed a 2006 Harley Davidson motorcycle was traveling eastbound on Highway 126 when it failed to negotiate a sweeping right curve. The motorcyclist crossed the centerline and into the path of a westbound 1992 Lexus sedan where a collision occurred. The motorcyclist was thrown from his motorcycle and landed on the highway. The motorcycle traveled off the roadway where it caught fire.
The motorcyclist, Khris M SACKET, age 59, of Coos Bay, was pronounced deceased on scene by emergency personnel. The driver of the Lexus, Toby Lee GRAY, age 45, of Florence, received minor injuries and was taken by ambulance to Peace Harbor Medical Center in Florence.
Highway 126 was closed for about an hour while the investigation was conducted. OSP was assisted by the Oregon Department of Transportation and Lane County Fire. More information will be released when it becomes available as this is an ongoing investigation.
Man Killed In Motorcycle Crash On Interstate 84 – Umatilla County
Photo Courtesy OSP
The deceased operator of the motorcycle was identified as Richard R HUTCHINS, age 80, of Chicago, Illinois. More information will be released as it becomes available.
***End Update***
Previous Release:
On April 19, 2016, at about 3:30PM, OSP Troopers and emergency personnel responded to the report of a crash involving a motorcycle into a guardrail on Interstate 84 near milepost 219 (east of Pendleton).
Preliminary investigation indicates the adult male rider was traveling eastbound on Interstate 84 when for unknown reasons, drifted out of the lane of travel and struck a guardrail.
The driver of the motorcycle was transported to Saint Mary’s Hospital in Walla Walla, WA by air ambulance. Medical staff at the hospital later pronounced him deceased as a result of injuries he sustained in the crash.
The Oregon State Police are working with the Walla Walla County Coroner in an effort to positively identify the driver. OSP was assisted at the scene by Umatilla Tribal Fire and Ambulance and the Oregon Department of Transportation.
We extend our condolences to the family and friends of Richard R HUTCHINS.
Major Crash Team Investigating a Serious Injury Crash on Southeast 92nd Avenue
On Saturday April 16, 2016, at 9:04 p.m., East Precinct officers responded to the report of a traffic crash on Southeast 92nd Avenue at Crystal Springs Boulevard.
Officers and medical personnel arrived and located two injured drivers – one a motorcycle rider and the other a driver of a vehicle.
Both drivers were transported to Portland hospitals for treatment. The motorcycle rider’s injuries are potentially life-threatening while the driver’s are not life-threatening.
The Traffic Division’s Major Crash Team has responded to the scene and is conducting an investigation.
No further updates are expected this evening.
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.
To learn more about the City of Portland’s Vision Zero effort, please visit: http://www.portlandoregon.gov/transportation/40390
Motorcyclist Injured in Silverton Crash
Date: November 18, 2015
Location: Silverton road Northeast and Desart Road Northeast
Names: Unavailable
Motorcyclist Injured in Silverton Crash
Wednesday evening a motorcyclist was seriously injured after a crash in Silverton.
The motorcycle was heading east on Silverton Road Northeast and collided with a westbound pickup truck turning onto Desart Road Northeast.
The motorcyclist was listed in critical condition at Legacy Emanuel Medical Center.
The pickup truck driver suffered minor injuries.
We wish everyone involved in the crash 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:
- That their insured driver was negligent in some way;
- That the accident was caused by this negligence; and
- 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.
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