2010 May Archive

Date: May 16, 2010
Location: Highway 22 near Dolph Junction, Oregon
Names: Sean Nicholas Rodgers, Christy Marie Martin, Maddason Martin, Corbin Rodgers, Westin John McIrvin

According to an Oregon State Police press release, five people, including three adults and two very young children, were injured in a near head-on crash May 16, 2010, around 8:35 PM, on Highway 22 near Dolph Junction, Oregon.

The crash occurred as Sean Nicholas Rodgers, 25, of Corvallis, was driving east on the highway when he lost control on a right-hand curve. In the westbound lanes, Westin John McIrvin, 35, of Lebanon, spotted the oncoming car and slammed on the brakes on the truck he was driving. However, the two vehicles crashed almost head-on.

Rodgers, who was using safety restraints, was transported by LifeFlight to Good Samaritan Regional Medical Center in Corvallis with critical injuries.

Three passengers in the car Rodgers was driving sustained non-life threatening injuries.

Right front passenger Christy Marie Martin, 19, of Tillamook, was taken to a Grande Ronde area hospital, then flown to Oregon Health Sciences University. She was using safety restraints.

Rear passenger Maddason Martin, age 1-1/2, of Tillamook, was taken by ambulance to Salem Hospital. She was riding in a child safety seat.

Rear passenger Corbin Rodgers, age 1, of Corvallis, was transported by ambulance to Salem Hospital. He was using a child safety seat.

The truck driver, McIrvin, sustained minor injuries and was taken by ambulance to Tillamook General Hospital. It was not known whether he was wearing safety restraints.

Assisting state troopers at the scene were ODOT, Yamhill Ambulance, and Nestucca Fire & Rescue. The crash closed the highway for about three hours.

To everyone involved in this crash, we want you to know you are in our thoughts, especially the children. We hope your recovery is quick and complete. We are thinking of you.

Many questions arise out of an Oregon car crash. And unfortunately, our minds don’t often focus on recovering; they usually go directly to the financial – medical bills, insurance policies, lost wages. How will you and your family get through it? Fortunately, victims have resources. That’s why we’re here. We’re not ambulance chasers; we’re lawyers who feel it is our duty to help injured people deal with the insurance companies. And the first thing you should do after getting the medical help you need is to go to our website – not to give us your business, but to read our free tips, or request a free copy of our book. And if that’s not enough, you can always contact us to ask us any questions. There is never any obligation.

Date: May 13, 2010
Location: I-405 & Burnside, Portland, Oregon
Names: Alvaro Lugos-Ponce, [Unknown]

Speed and alcohol were factors in a crash that killed a sleeping homeless man on I-405 northbound under Burnside Street in Portland Oregon, on May 13, 2010, according to a press release by the Portland Police Bureau.

The Oregon fatal crash occurred around 11 PM, after a pickup truck driven by Alvaro Lugos-Ponce, 23, lost control, drove off the right shoulder of the highway and rolled over, striking a sleeping male transient. KGW.com reports that the man was killed instantly.

Lugos-Ponce and his three passengers received non-life threatening injuries in the crash. They were transported to Legacy Emanuel Medical Center.

Lugos-Ponce was charged with one count of Manslaughter in the Second Degree, one count of Assault in the Second Degree, two counts of Assault in the Fourth Degree, DUII, and Reckless Driving.

A witness to the crash called it a “nightmare,” according to KPTV.com.

Officers are continuing the crash investigation, and trying to determine the name of the man who was killed.

Our hearts go out to the family of the man who died in this tragic crash, especially since Portland drunk driving crashes are entirely preventable. This did not need to happen.

In the wake of a tragedy like this, each person must deal with it in whatever way works best for them. We would never try to talk someone into taking legal action. It is an individual decision that can only be made by the family. When a drunk driver causes an accident in Oregon, there is a possibility of suing the person or bar who served the alcohol. This must be done correctly, and quickly. There are strict time limits for filing a lawsuit in Oregon, and where alcohol is involved, the limits get even stricter. A Dram Shop Notice must be sent to the server within 180 days of the incident, pursuant to ORS 471.565.

Why sue a bar for serving a person alcohol? Well, the bar must have done something. Bars are regulated strictly by the OLCC, and if they serve to minors, or serve to a person who was visibly intoxicated, they have violated regulations and they should be held responsible for that. But the rules only work if the bartenders are well-trained and supported. If anyone is at fault, it’s not going to be the clerks and bartenders – it’s going to be the owner. If an investigation finds that the owner of the bar did not train the bartenders properly, hired the cheapest people and then underpaid them, routinely told the bartenders to serve as much as possible to increase profits, faked bartender’s OLCC licensing tests, and routinely served minors, then a lawsuit could prevent another similar accident in the future. If there were honest, well-trained, hardworking bartenders and clerks who made a single honest mistake, then a lawsuit would do no good. But, the family at least gets to rest easy knowing that they investigated, and found out the truth of the matter.

We encourage people to educate themselves on the law of drunk driving in Oregon, and we provide free information to help you settle your lawsuit without an attorney. But when a drunk driver is involved, the law becomes very tricky, and you should contact an experienced Oregon injury attorney.

Date: May 7, 2010
Location: Highway 219 & Scholls Ferry Road, Hillsboro, Oregon
Names: Carrie Smith, Krystal Ann Mincher (aka Krystal Usley)

Police are looking for a Portland woman who fled the scene of a car-truck crash in Oregon that injured her passenger and sparked a fire in the truck, according to reports on KPTV.com and KGW.com.

On May 7, 2010, around 5:20 AM, a speeding car driven by Krystal Ann Mincher (also known as Krystal Usley), 24, of Portland, crossed the center line on a curve near the intersection of Highway 219 and Scholls Ferry Road in Hillsboro, Oregon.

The driver of a semi-truck spotted the oncoming car and tried to swerve, but the car crashed into the front of the truck. The truck’s driver was able to jump out as the truck caught fire, escaping serious injury.

By the time firefighters arrived, the truck’s cab was fully engulfed in flames. The fire was so hot that it melted overhead PGE power lines, and two 100-gallon fuel tanks ruptured.

The hit-and-run driver, Mincher, left the scene with an older white man who was driving a black pickup truck.

Mincher’s passenger, Carrie Smith, 24, of Bothell, Washington, was found about 200 yards south of the crash site. She was flown to Legacy Emanuel Hospital, where she was listed in stable condition.

Police said Mincher was driving her ex-boyfriend’s car without his permission.

If you have any information about the crash or Mincher’s whereabouts, please call the Washington County Sheriff’s Office at 503-846-2700. For more on this accident, please refer to the below video from KGW NewsChannel8 Portland:

Hit-and-run in Oregon is a serious crime. If you are convicted of leaving the scene of an accident, you can lose your driving privileges, perhaps permanently. According to the Oregon DMV, you have the following obligations in an accident:

• Stop at once. If anyone is killed or unconscious, you must stay at the scene until a police officer arrives.
• Render aid. Do not move an injured person carelessly, but give reasonable aid
• Exchange information with the other driver. Give them your name, address, driver’s license number, license plate number, and insurance information. DMV offers a printable checklist you can download and keep in your car.
• Report the accident to DMV.

We implore drivers in any Portland vehicle accident situation to put the safety and welfare of others above their own interests, and always, always remain at the scene and make sure no one is hurt. We send our thoughts and prayers to Smith for a quick and complete recovery. We are also thankful that the truck driver was not seriously injured in this crash.

The hit-and-run driver must be held civilly and criminally responsible for his actions. Smith may be well advised to contact a reputed personal injury attorney with experience in hit-and-run crashes who will fight for the justice and compensation that she deserves. At Shulman DuBois, our Portland injury lawyers believe that what happened in this crash is simply unacceptable; we are committed to making sure that hit-and-run drivers are held accountable for their actions and that both victims and families receive the compensation they deserve.

Date: May 12, 2010
Location: I-84, Portland, Oregon
Names: [Unknown]

A TriMet LIFT bus crashed into a motorcycle from behind on May 12, 2010 on I-84 in Portland, Oregon, dragging the rider and the bike underneath for about 50 feet, according to KGW.com.

The motorcycle rider was taken to Legacy Emanuel Hospital with serious injuries, including a broken back.

TriMet spokeswoman Bekki Witt said the bus had been handling poorly before the Portland crash, and they are checking to see if there was a mechanical problem. She said the bus driver was not impaired.

TriMet LIFT buses serve seniors and the disabled on an advance-reservation basis. They are smaller than standard buses.

The bus crash in Oregon comes less than a month after a TriMet bus ran into a group of pedestrians in downtown Portland, killing two people and injuring three others. On May 7, TriMet announced changes intended to address safety concerns, including 31 fatalities since 1988.

We send our best wishes to the motorcycle rider in this accident. We are thinking of you, and we hope you are out of the hospital soon.

Anytime a Portland motorcycle accident occurs, we are reminded of the high injury and death rates for motorcycle riders. Several factors contribute to the potential risk, but probably none more so than motorists’ seeming inability to see motorcycles. Certainly rider skill can come into play, and we absolutely welcome the new Oregon law requiring motorcycle skills training. However, no matter how safely a person rides, a driver who isn’t looking will remain a danger to a motorcyclist. And in this case, it seems likely that poor maintenance may have been a factor as well. There is no excuse for a public agency like TriMet to fail to keep its buses properly and safely maintained.

If you are hurt in an Oregon vehicle collision with a TriMet bus, you should be aware of special time limits for injuries by City of Portland drivers, state employees who were on the job, TriMet buses, and any other state, county, or city workers. You will probably have to file a Tort Claim Notice within 180 days–but 180 days is not 6 months, and time limits are very strict. The notice must be sent to the right person, and must say the right things. Details are in ORS 30.275.

After an accident, you probably have many questions. So please, do not hesitate to call us or request a free copy of our book, 7 Common Mistakes That Can Wreck Your Oregon Accident Case. Our website has helpful advice, and what we don’t cover there, we will be more than happy to answer ourselves.

Date: May 7, 2010
Location: I-5, Central Point, Oregon
Names: Unknown

State troopers are looking for a white male adult involved in a hit-and-run accident that occurred May 7, 2010 around 3:10 PM on I-5 northbound in Central Point, Oregon, according to an OSP press release. The man’s car left the road near milepost 33 and crashed into a cyclone fence and two trees. The driver fled on foot into the equestrian area of the Jackson County Expo Center, leaving the car behind in flames.

Police describe the suspect as a white male, age 19-21, about 5’6” to 5’8”, weighing approximately 145 lbs. He was last seen wearing a white, short-sleeved T-shirt, white shorts with blue stripes, and a blue bandana or beanie on his head. He was driving a gold 1996 Acura passenger car.

The crash damaged about 50 feet of cyclone fence owned by ODOT. Police do not know if the driver was injured.

OSP troopers conducted an extensive search, assisted by Central Point Police Department, Medford Police Department, and Jackson County Sheriff’s Office. Jackson County Fire District 3 and ODOT assisted at the scene.


If you witnessed the crash or saw the driver fleeing the scene, please call the Central Point Oregon State Police Office at 541-776-6114 ext. 288.

Hit and run in Oregon is a serious crime, and conviction will result in your driving privileges being suspended or revoked. In any Oregon vehicle accident, you have the following obligations:

Stop at once. If anyone is killed or unconscious, you must stay at the scene until a police officer arrives.
Render aid. Do not move an injured person carelessly, but give reasonable aid.
Exchange information with the other driver. Give them your name, address, driver’s license number, license plate number, and insurance information. DMV offers a printable checklist you can download and keep in your car.
Report the accident to DMV.

As skilled Portland injury lawyers, we implore drivers in any accident situation to put the safety and welfare of others above their own interests, and always, always remain at the scene and make sure no one is hurt. Even if you are the only driver involved, stay at the scene and wait for police.

Have you been in a hit-and-run crash? At Shulman DuBois, LLC, we believe that the hit-and-run driver must be held civilly and criminally responsible for his actions. If you are hurt in a hit-and-run in Oregon, you may be well advised to contact a reputed personal injury attorney with experience in hit-and-run crashes who will fight for you and get you justice. We are committed to making sure that hit-and-run drivers are held accountable for their actions and that both victims and families receive the compensation they deserve.

Date: May 6, 2010
Location: 4625 Silverton Road, Salem, Oregon
Names: Justin Kliewer

A drunk driver tried to outrun police, but lost control of the pickup he was driving and crashed into a storage building, then ran from the scene of the crash, according to KOINLocal6.com and an OSP press release. Police caught up with Justin Kliewer, 25, of Salem and took him to Marion County Jail on multiple charges.

Around 1:20 AM on May 6, 2010, OSP Trooper Joseph Skipper saw a white pickup in the area of Lancaster and Silverton Road. The pickup was not staying in its lane and ignored a traffic control device. Skipper tried to pull the truck over, but the Kliewer sped away, heading east on Silverton Road at speeds up to 60 MPH.

As Kliewer tried to turn north onto 47th Street, he lost control and the pickup crashed into a storage building at 4625 Silverton Road.

Skipper pulled in behind the pickup, but Kliewer backed his truck into the patrol car, then got out and started running. Skipper caught him and arrested him on charges including:

• Felony Attempt to Elude in a Vehicle
• Misdemeanor Attempt to Elude on Foot
• Unlawful Possession and Distribution of Cocaine
• DUI
• Criminal Mischief in the First Degree (3 counts)
• Reckless Driving
• Recklessly Endangering Another Person

There was also a small amount of cocaine in the pickup.

The Salem car crash caused over $1,000 damage to the patrol car, a Qwest utility box, and the storage building.

This automobile collision in Oregon was senseless and outrageous. There is no excuse for drinking and using cocaine while driving. On top of it, running from the police is not just stupid, it’s criminal. We are just glad no one got hurt, because this driver was putting everyone on the road at risk.

When someone makes the decision to drink or use drugs and drive, they’re taking lives in their hands. Kliewer is lucky he was not killed or crippled. And there were many others on the road that day who probably don’t even know how close they came to a possible tragedy.

We encourage people to educate themselves on the law of drunk driving in Oregon, and we provide free information to help you settle your lawsuit without an attorney. But when a drunk driver is involved, the law becomes very tricky, and you should contact an experienced Oregon injury attorney.