Date: December 12, 2015
Location: NE Portland Highway
Name: Kenneth Britt Smith Jr.
Saturday evening, a bicyclist was hit and killed in Northeast Portland when the driver left the scene and was found later by the police.
The crash occurred on the 4200 block of NE Portland Highway where the 38-year-old bicyclist was wearing a helmet and a rear flashing light.
Witnesses saw a blue Ford Crown Victoria hit the cyclist and then head east on Portland Highway.
Police found the car two hours later at NE Sandy Boulevard and I-205. The driver Kenneth Britt Smith Jr., 26, was arrested and it charged with 2nd-degree manslaughter, criminally negligent homicide, reckless driving and driving under the influence of marijuana.
We extend our condolences to the family and friends of the bicyclist. Hit and run drivers are cowards and criminals, and as Portland attorneys for hit and run injury victims we hope this driver is found soon. 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, DuBois Law Group 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 are 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:
- They did not have insurance.
- 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.