Date: December 7, 2015
Location: Northeast Glisan Street
Monday afternoon, a driver of a U-Haul was killed in a crash in Northeast Portland.
The U-Haul was heading west on NE Glisan Street when it veered off the road and onto the sidewalk at Northeast 91st Avenue. The truck continued on the sidewalk and struck a tree.
The driver was pronounced dead at the scene.
We extend our condolences to the family and friends of the driver.
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:
- 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.
- 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.
- 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.
Date: August 10, 2015
Location: Northeast 82nd Avenue and Glisan Street
Monday morning a pedestrian died after they were struck by a car in Northeast Portland.
The accident occurred at the intersection of Northeast 82nd Avenue and Glisan Street.
When the police arrived to the scene, a passerby was performing CPR on a man who had been struck by a car. The man was taken to the hospital were he died.
The driver was treated at the scene for an unknown medical condition and is cooperating with the investigation.
We extend our condolences to the man who died from his injuries.
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 (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:
- 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 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.
Date: August 6, 2015
Location: Northeast 102nd & Glisan Street
Thursday morning, two women pedestrians were taken to the hospital after a semi-truck made a sharp turn onto the curb in Northeast Portland.
Police are still not sure if the pedestrians were hit by the semi-truck or if they got hurt trying to get out of the way.
The truck was turning onto Northeast 102nd from Glisan Street and also hit one of the walk signals at the traffic light.
We wish the two women a full and speedy recovery.
In a pedestrian v. car accident, the pedestrian is often seriously injured. In cases where the driver is at fault, the driver’s auto insurance will ultimately compensate the injury victim.
Your own Personal Injury Protection (PIP through your own auto insurance) still applies in this type of case, so use your own auto insurance to pay medical bills until you settle your claim with the at-fault driver’s insurance.
If you don’t have an auto insurance policy, then your health insurance will cover your medical bills. If you don’t have auto or health insurance, the at-fault driver’s PIP should cover your medical bills.
If you are interested in discussing whether you might have a pedestrian accident, call a Portland pedestrian accident attorney for help and a free consultation.