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Driver Arrested for DUII After Crashing into a Pedestrian on 82nd Avenue Monday Night

On MHugo_Lopez_Aguilar_31onday evening, Portland Police officers arrested a 31-year-old man for DUII after he crashed into a pedestrian on Northeast 82nd Avenue, causing life-threatening injuries.

The investigation began on Monday April 18, 2016, at 10:39 p.m., when East Precinct and Traffic Division officers responded to Northeast 82nd Avenue and Davis Street on the report that a driver crashed into a pedestrian.

Officers and medical personnel arrived and located both parties. The pedestrian, 45-year-old Michael Joseph McBurney, suffering from traumatic injuries. He was transported by ambulance to a Portland hospital where he is being treated for life-threatening injuries.

The driver, 31-year-old Hugo Lopez-Aguilar, remained at the scene and was cooperative with investigators.

Due to McBurney’s injuries, the Traffic Division’s Major Crash Team responded.

Witnesses told police that McBurney was crossing 82nd Avenue westbound in the northside crosswalk, against the “Don’t Walk” signal. Lopez-Aguilar, driving a 1996 Nissan Maxima, was driving southbound on 82nd Avenue in the right line, with a green light to proceed.
While McBurney was in the crosswalk, nearly to the westside of the street, he was struck by Lopez-Aguilar.

Based on information learned at the scene, investigators arrested Lopez-Aguilar for impaired driving and believe that he may be under the influence of marijuana.

Lopez-Aguilar was booked into the Multnomah County Jail on charges of Driving Under the Influence of Intoxicants (DUII). Additional charges may apply after the investigation is complete.

Drivers impaired by alcohol or drugs injure and kill thousands of people every year. People consuming alcohol or drugs are urged not to get behind the wheel and should have a sober driver or utilize taxis, rideshare companies, or transit so everyone is safe on our streets.

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.

This is a very trying time for the person who is severely injured and his family too. We wish Michael Joseph McBurney a full 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

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Bend Officer Involved in Pedestrian Accident

(Photo: Oregon State Police)

(Photo: Oregon State Police)

Date: March 6, 2016

Location: Bend, Ore.

Names: Brian Zacher

The Bend Police Department reported that Cpl. Rob Emerson was in route at about 7AM Saturday, westbound on Greenwood Avenue with his emergency lights and siren on in his marked 2015 Ford Explore when he entered the intersection at 8th Street and collided with a 1997 Chevrolet pickup.

Cpl. Emerson’s vehicle then slid onto the southwest corner of the intersection, jumping a curb and hitting 39-year-old Brian Zacher, of Tualatin before crashing into a doughnut shop. Both officer Emerson and Zacher’s were hospitalized at St Charles Medical Center in Bend with non-life threatening injuries.

The driver of the pickup Eric C Olson, 58 of Bend was uninjured and no one in the doughnut shop sustained any injuries.

We extend our wishes of a speedy recovery to Brian Zacher and Officer Emerson. Best wishes to their family and friends during their 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.

Beaverton Man Struck & Killed Running to Catch Bus

Date: March 2, 2016

Location: Beaverton, Ore.

Name: Zachary Ronald Marsh

Beaverton, Ore. – Zachary Ronald Marsh, 29 was struck by a car and killed, while running through traffic to catch a TriMet bus.

According to Beaverton Police, at about 4 p.m. on Wednesday night Zachary Ronald Marsh ran through traffic that had a green light on Southwest Hall Boulevard. Mike Rowe of the Beaverton Police Department stated that a vehicle traveling westbound struck Marsh near Greenway Boulevard.

The driver stayed on scene and was fully cooperative with investigators. The driver was not issued a citation and was not at fault in the crash, Rowe said.

Life Flight transported Zachary to the hospital where he later died from his injuries.

Southwest Hall Boulevard was closed from Greenway Boulevard and Nimbus Avenue until about 6 p.m. while a full investigation was conducted.

Our condolences go out to the family and friends of Zachary Ronald Marsh.

When accidents like this happen it is important that you protect the rights of those who lost their life and their family.

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.

Tigard HS Student Seriously Injured by Dump Truck

Date: January 11, 2016

Location: Durham Road

Names: Unavailable

Tigard HS Student Seriously Injured by Dump Truck

Monday afternoon a Tigard High School student was struck by a dump truck near the school.

The student stepped off the sidewalk in the path of the truck heading westbound on Durham Road.

The student was taken to the hospital with serious injuries.

The dump truck driver stayed at the scene and cooperated with officers.

We wish the student 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.

Pedestrian Injured in Downtown Portland Hit and Run Crash

Date: January 10, 2016

Location: Southwest 11th Avenue and Market Street

Names: Kyle Wallace, Suliman Ali Algwaiz

Pedestrian Injured in Downtown Portland Hit and Run Crash

Early Sunday morning, a pedestrian was injured in a hit and run crash near the Portland State University campus downtown.

Kyle Wallace, 28, of Portland was struck at Southwest 11th Avenue and Market Street by a vehicle that left the scene.

Police used one of their cruisers to bump the fleeing car and arrested the suspect.

Suliman Ali Algwaiz, 20, of Portland, was arrested and charged with second-degree assault, misdemeanor and felony hit and run, vehicle assault on a pedestrian, reckless driving and driving under the influence of intoxicants.

Wallace was critically injured but is expected to survive.

We hope Kyle Wallace is able to recover from this accident, and that the hit and run driver is held accountable. 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.

Woman Seriously Injured after being Struck by Tow Truck in Salem

Date: December 29, 2015

Location: Mission Street SE and Ford Street SE

Names: Rebecca Schoff, Timothy Hall

Woman Seriously Injured after being Struck by Tow Truck in Salem

Tuesday evening, a woman was seriously injured after she was hit by a tow truck in Salem.

Rebecca Schoff, 29, was crossing Mission Street SE at Ford Street SE in an area with no crosswalks when she was struck by a Bales and Brady Tow Truck.

The tow truck, driven by Timothy Hall, 35, was heading turning left onto Mission Street from Ford Street when it hit Schoff.

Schoff was taken to Salem Hospital with life-threatening injuries.

Hall was not injured and stayed at the scene.

We wish Rebecca Schoff 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.

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