Blog Archives

Vancouver Man Hit & Killed While Chaining Up Semi-Truck on I-84

Date: January 31, 2016

Location: Interstate 84

Names: Igor Nikolaychuk

According to Lt. Cari Boyd with Oregon State Patrol, Igor Nikolaychuk 50 was struck by an out-of-control car on I-84. Igor was chaining up the left side of his semi-truck when a Cadillac driven by an unidentified 21-year-old woman from Idaho slid on an icy patch and slammed into him. Igor was pronounced dead at the scene. The driver of the Cadillac remained at the scene of the accident and was fully cooperative with Oregon State Patrol officers.

Semi-Truck winter driving

At the time of the incident the roads were icy, the visibility was impeded by fog and the Cadillac lost control sliding into Igor Nikolaychuk. Investigators sited that the Cadillac was traveling westbound on I-84 when it hit a patch of ice and slid into Nikolaychuk, pushing him underneath the trailer and killing him. The driver of the car was not seriously injured and no citations were issued.

The accident occurred at 8:30am on January 31st, 2016 near North Powder, Oregon.

We extend our condolences to the family and friends of Igor Nikolaychuk.

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.

Pedestrian Hit and Killed by a Car in Vancouver

Date: December 24, 2015

Location: St. Johns Boulevard

Names: Unavailable

Pedestrian Hit and Killed by a Car in Vancouver

Thursday evening, a man in his mid 30s was struck and killed by a vehicle in Vancouver.

The pedestrian stepped out in front of a vehicle heading south on St. Johns Boulevard in Clark County.

The man was pronounced dead at the scene.

Two adults and an infant in the vehicle were not injured. The driver is cooperating with the investigation.

We extend our condolences to the family and friends of the pedestrian.

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.

Semi-truck Driver Dies in Fiery Crash on Highway 30

Date: December 13, 2015

Location: Highway 30

Name: Andrew Lambert

Semi-truck Driver Dies in Fiery Crash on Highway 30

Sunday morning a semi-truck crashed into a line of train cars next to Highway 30 near the St. Johns Bridge.

The commercial truck veered off the road hit eight tanker rail cars containing tar or asphalt. The gas from the commercial truck sparked a fire and caused a loud explosion.

The truck driver, Andrew Lambert, 41, of Vancouver, died a couple hours after the collision.

We extend our condolences to the family and friends of the truck 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:

  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.

Driver Injured in Vancouver Hit-and-run Crash

Date: December 9, 2015

Location: State Route 500

Names: Unavailable

Driver Injured in Vancouver Hit-and-run Crash

Wednesday afternoon a man was seriously injured in a two-vehicle hit-and-run crash on State Route 500 near the Interstate 205 on-ramp in Vancouver.

A white Chevrolet Trailblazer struck a silver Toyota pickup on State Route 500.

The Toyota driver was taken to the hospital with serious injuries.

The police are searching for the white Chevrolet Trailblazer, model year between 2005-2008 with significant damage to the front of the SUV.

We hope the man 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.

Employee Injured when Car Drives Into Vancouver Jack-in-the-Box

Date: December 1, 2015

Location: Northeast 117th Avenue

Names: Georgann Dokos, Maria Castro Lopez

Employee Injured when Car Drives Into Vancouver Jack-in-the-Box

Tuesday afternoon a woman drove her car through the wall of Jack-in-the-Box near Vancouver injuring an employee.

Georgann Dokos, 65, of Yacolt, Washington, was heading south on Northeast 117th Avenue when her 2003 Subaru Outback crossed the center divider into oncoming traffic, then onto the sidewalk and through a Jack-in-the-Box’s wall at 7205 NE 117th Avenue.

An employee, Maria Castro Lopez, 42, of Vancouver was taken to the hospital with non life-threatening injuries.

Dokos was also taken to the hospital as well.

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.

Semi-truck Hauling Solar Panels Crashes on I-5 off-ramp to SR-14

Date: November 10, 2015

Location: Interstate 5

Name: Getachew Ayalneh

Semi-truck Hauling Solar Panels Crashes on I-5 off-ramp to SR-14

Tuesday morning the driver of a semi-truck hauling solar panels was injured when he crashed on the Interstate 5 off-ramp to State Route 14 in Vancouver.

The truck was heading northbound when it overturned on the ramp.

Getachew Ayalneh, 36, of Portland, was driving too fast for the conditions and was taken to the hospital for treatment.

Car accidents can be life-changing, and we hope Getachew Ayalneh 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.

%d bloggers like this: