Blog Archives

80-year-old Pedestrian Hit by Car, Killed in SE Portland

Date: January 12, 2016

Location: Southeast 156th Avenue and Division Street

Names: Unavailable

80-year-old Pedestrian Hit by Car, Killed in SE Portland

Tuesday morning an elderly woman on a motorized scooter was struck and killed by an SUV in Southeast Portland.

The woman was riding her scooter across Southeast Division Street at Southeast 156th Avenue in a designated crosswalk. The 81-year-old woman died at the scene.

The SUV was heading west on SE Division Street when they struck the woman. The 61-year-old woman, driving a blue Honda SUV, stayed at the scene.

We extend our condolences to the family and friends of the elderly woman.

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:

  • 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.

 

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Woman Killed in SE Stark Fatal Crash

Date: December 4, 2015

Location: Southeast Stark Street

Names: Linda J. Johnston, Jose D. Lara, Oswaldo A. Reyes

Woman Killed in SE Stark Fatal Crash

Friday morning a woman was killed on Southeast Stark Street when two vehicles slammed into her car.

Two drivers, Jose D. Lara, 18, and Oswaldo A. Reyes, 27, were both speeding heading eastbound on Start Street when they struck a westbound car turning from 160th Avenue.

The driver of the car making the westbound turn, Linda J. Johnston, 65, died in the crash.

Lara and Reyes face charges of manslaughter and reckless driving.

We extend our condolences to the family and friends of Linda J. Johnston.

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:

  • 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.

One Dead, One Injured in SE Portland Crash

Date: November 17, 2015

Location: Southeast McLoughlin Boulevard

Names: Unavailable

One Dead, One Injured in SE Portland Crash

Tuesday morning one person died and another was seriously injured in a car wreck on Southeast McLoughlin Boulevard.

A northbound car slammed into a tree around 4:10 am just north of SE Tacoma Street Bridge.

One persona was pronounced dead at the scene, the other person was seriously injured and taken to the hospital.

The driver lost control, swerved off the road and crashed into a nearby tree.

Car accidents can be life-changing, and we extend our condolences to the family and friends of the occupant and we hope everyone else involved is able to fully recover soon.

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:

  1. 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.
  2. 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.
  3. 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.

Pedestrian Injured in Southeast Portland Hit-and-run

Date: October 29, 2015

Location: Southeast Powell Boulevard and 130th Avenue

Names: Miguel Jay Venegas, Larry Venegas

Pedestrian Injured in Southeast Portland Hit-and-run

Thursday evening a pedestrian was critically injured in a hit-and-run on Southeast Powell Boulevard at 130th Avenue.

A 38-year-old man was found on the roadway with traumatic injuries and was taken to nearby hospital.

With help from witnesses, officers were able to locate the suspect vehicle in a garage of a home on Southeast 138th Avenue.

The driver, Miguel Jay Venegas, 21, and his passenger, Larry Venegas, 43, were arrested at the home.

Miguel Venegas was driving east on Powell when he struck the pedestrian near the side of the road.

We hope the pedestrian 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.

Drunk Driver Injures Woman Passenger, Accused of Assault in SE Portland

Date: September 16, 2015

Location: Southeast Jenne Lane

Name: Anatoly Pasechnikov

Drunk Driver Injures Woman Passenger, Accused of Assault in SE Portland

Early Wednesday morning, the driver of pickup truck rolled over on Southeast Jenne Lane seriously injuring a woman passenger, is accused of assault, drunk driving and leaving the scene of an injury crash.

Anatoly Pasechnikov, 21, rolled his pickup truck on the 5300 block of Southeast Jenne Lane and then ran from the crash scene.

A woman was trapped inside the truck and had to be extricated by firefighters. She was taken to the hospital with serious injuries.

Pasechnikov returned to the crash scene two hours later and was arrested on accusations of third degree assault, second-degree assault, failure to perform the duties of a driver, reckless driving and driving under the influence of intoxicants.

We wish the woman a full and speedy recovery.

If you were hurt by a drunk driver, special time limits may apply for filing a claim.

Under ORS 471.565, you can sue the establishment that served the drunk driver alcohol (assuming there was one) by filing a Dram Shop Notice within 180 days. This is only for injury cases, as wrongful death cases have a separate time limit.

A Dram Shop Notice is a special letter that tells the establishment or person who served the alcohol that a claim for damages is being made against the establishment, a description of the time, place, and circumstances giving rise to the claim, and the name and mailing address for the person making the claim. If the drunk driving led not just to an injury, but death, then you have a year instead of 180 days. A Dram Shop Notice will hold a bar owner responsible for not training employees according to the OLCC’s guidelines regarding intoxicated drinkers.

If the drunk driver was not at a bar or other business that serves alcohol before the crash, there is still the possibility of filing a claim through auto insurance. In many cases, the drunk driver will also be punished in a criminal court. Although being found guilty for criminal charges can increase the likelihood of a civil personal injury case succeeding, you may still need the help of a drunk driving accident injury lawyer to deal with adjusters and use all the evidence correctly.

Woman Ejected from her Car on Powell Boulevard in SE Portland

Date: September 6, 2015

Location: Southeast Powell Boulevard and 78th Avenue

Name: Jane Taylor Robson

Woman Ejected from her Car on Powell Boulevard in SE Portland

Sunday early morning, a woman was ejected from her car after crashing it on Southeast Powell Boulevard at 78th Avenue.

Jane Taylor Robson, 23, was heading east on Powell in a 1995 maroon Nissan Altima, when she struck the cement island divider at a high rate of speed. The vehicle left the road, hit a tree and she was ejected on impact.

Robson remains in critical condition with life-threatening injuries.

Police believe alcohol may have been a contributing factor in the single-car crash.

Car accidents can be life-changing, and we hope Jane Taylor Robson is able to fully recover soon.

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:

  1. 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.
  2. 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.
  3. 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.

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