2010 June Archive

Date: June 6, 2010
Location: Highway 223 near Dallas, Oregon
Names: Lisa Koloen, Brock Britt

Brock Britt, a 24-year-old Salem, Oregon man, is being held at Polk County Jail on multiple charges, including manslaughter and criminally negligent homicide, after a drunk-driving crash that killed a woman, according to an OSP press release.

The two-car, head-on crash occurred June 6, 2010, around 7:25 AM, on Highway 223 near Dallas, Oregon. Preliminary investigation by state police indicates that Brock Britt, 24, of Salem, was driving west on the highway when the car he was driving crossed the centerline and crashed into an eastbound car driven by Lisa Koloen, 54, of Dallas.

Koloen was pronounced dead at the scene. Britt sustained serious but non-life threatening injuries and was taken to Salem Memorial Hospital for treatment. When he was released two days later, he was arrested and jailed on an outstanding warrant. While Britt was in custody, OSP Trooper Jim Andrews contacted Polk County Corrections and advised him that he would also be arrested and held at the jail on the following charges related to the traffic crash:

• Manslaughter in the First Degree
• Manslaughter in the Second Degree
• Criminally Negligent Homicide
• Reckless Driving
• DUII
• Recklessly Endangering Another Person

State troopers said that any questions on the charges or Britt’s pending court appearances should be directed to the Polk County District Attorney’s Office.

Our hearts go out to Koloen’s family as they mourn the tragic passing of their loved one. We hope that anyone who reads this will be moved by your loss, and make a promise to themselves never to get behind the wheel after drinking, and never to let their friends get behind the wheel after drinking – not even once.

According to the Centers for Disease Control and Prevention, there are up to 32 deaths and 700 injuries every day in the U.S. due to motor vehicle crashes involving an alcohol-impaired driver. The CDC reports that in 2006, 13,470 people died in alcohol-impaired driving crashes. This comes to almost one-third of all U.S. traffic deaths. And in 2007, more than 1.4 million drivers were arrested for driving under the influence – but this is less than 1% of persons who admit to driving impaired each year. Male drivers and young people are especially likely to be involved.

It is important to understand what to do after you’ve been involved in a crash where alcohol is a factor. We hope you will never need this information, of course, but you may want to check out our fact sheet or this informative video. We encourage people to educate themselves on the law of drunk driving in Oregon, and you can order our free book, 7 Common Mistakes That Can Wreck Your Oregon Accident Case. But when a drunk driver is involved, the law becomes very tricky, and you should contact an experienced Oregon injury attorney.

Date: May 31, 2010
Location: SE 125th & Powell Court, Portland, Oregon

On May 31, 2010, around 9:30 AM, Portland Police officers responded to reports of a pit bull mauling a man at SE 125th and Powell Court in Portland, Oregon, according to a Portland Police Bureau news release. While officers were on the way to the scene, they learned that the dog had bitten a second person.

When police arrived, they found the dog on top of an adult male. The man asked police to fire one round at the animal, which caused the dog to flee. While a second officer pursued the dog, medical personnel attended to the victim.

The dog turned on the second officer. The officer shot the dog a second time, killing it.

The male victim was transported to a local hospital with severe, but probably not life-threatening, injuries. The second victim, an adult woman, suffered puncture wounds but did not need to go to the hospital.

As of June 1, the investigation had been turned over to Multnomah County Animal Services. It turned out that the dog was previously classified as a Level 4 Potentially Dangerous Dog, subject to a number of restrictions. The owner was not complying with the restrictions, including muzzling the dog and keeping it away from the location where the mauling took place.

The shocking attack was reported widely, including coverage in the Seattle Times. Unfortunately, though, such incidents are alarmingly common. A video provided by http://www.katu.com/ covers the incident:

Just two days prior, as reported in an Aurora Police Department news release, police were checking a house in Aurora, Oregon when a large black dog suddenly appeared and charged aggressively at a police officer, barking, growling, and baring its teeth. The officer tried to back away, but the dog was coming at him too fast. When the animal was two feet away, the officer drew his service weapon and shot the dog in the leg. The dog retreated.

And the day afterwards, according to a Portland Police Bureau press release, three dogs got loose from their yard and bit two people. One of the victims was a 73-year-old male. The other was only identified as an adult male. When police approached, the dogs aggressively advanced. Officers shot and killed the most aggressive animal in the pack, and the other dogs fled. They were later tracked down and restrained. One of the persons who was injured received multiple bite wounds and was hospitalized.

In still another recent example, reported by NWCN.com, a 4-year-old Astoria girl was mauled to death by the family’s Rottweiler on March 2.

Dog attacks are a serious problem, according to a 2009 article in Police: The Law Enforcement Magazine. There are an estimated 74.8 million dogs in the U.S., and 4.7 million dog bites each year. One out of every six of these bites requires medical attention, and every day dog attacks send 1,008 people to the ER. Even more disturbing: up to 26 attacks, each year, are fatal.

Statistically, the deadliest dog breeds include pit bulls, rottweilers, akitas, chows, and German shepherds. Most of the dogs that attack are male. Many are on their own property.

Children are likely victims, and the dog frequently goes for the face. Other factors in dog attacks include human behavior, dog behavior and training, aggressiveness, unsupervised children, and breed-specific attacks.

If you are the victim of a dog mauling or dog bite injury in Oregon, you need information, and you need someone on your side to fight for you and get you the compensation you deserve. We are lawyers specializing in helping people like you. We make it a point to treat our clients fairly and compassionately. Our Oregon dog bite injury lawyers will stand up for you and help you get justice. If you have been injured, we can even answer many questions free of charge. Please contact us.

Date: June 2, 2010
Location: I-5 near Ashland, Oregon
Names: Teryl Collins

Police are trying to find a hit-and-run driver who struck and killed a pedestrian June 2, 2010, on I-5 near Ashland, Oregon, according to an OSP press release.

The victim was identified as Teryl Collins, 51, of Ashland. It is not known why Collins was walking on the highway at the time of the crash.

Around 2:10 AM, troopers were dispatched to I-5 southbound near milepost 14 to check on reports of an adult female walking in the southbound lanes of travel. When they arrived, they found Collins deceased, in the middle of the southbound slow lane. Police determined that her injuries were consistent with being hit by a vehicle.

The Ashland Daily Tidings reports that the hit-and-run vehicle was likely a semi-truck, bus, or other large vehicle. There were no skid marks at the scene. It appears the driver did not try to stop, and police think the driver may not have realized the crash took place.

Sgt. Steve Mitchell urged witnesses to come forward, including anyone who may have been walking with Collins. He said it may be “nearly impossible” to figure out what happened otherwise.

Investigators are running toxicology tests to see if drugs or alcohol were involved.

Police have asked that any potential witnesses, or anyone who saw Collins before the crash, contact Oregon State Police’s Central Point office at 541-776-6114 or the after-hours dispatch center at 541-776-6111.

We send our thoughts and prayers to Collins’ family after this tragic crash, and we urge anyone who has information to come forward. The driver may have been unaware that he or she hit a pedestrian, but may have noticed something later. Perhaps you are living with the knowledge that you may have hit someone. This family needs answers. We ask you to search your heart and do the right thing.

According to the Oregon DMV, hit and run is a serious crime, and conviction will result in your driving privileges being suspended or revoked. In any 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.

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. In a hit-and-run accident, the family may be well advised to contact a reputed Portland personal injury attorney with experience in hit-and-run crashes who will fight for the justice and compensation that they deserve. At Shulman DuBois, we believe that hit-and-run crashes are 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.

Wrongful death claims are allowed by law. ORS 30.010-30.100.

The statute of limitations for a wrongful death claim is tricky. It is “three years after the injury causing the death . . . is discovered or reasonably should have been discovered. . . .” In other words, it’s not three years from the date of death; it’s three years from the date of the original injury that ultimately caused the death. If a person goes into a coma from a car crash, and dies eight months later, the case will have to be brought within three years from the date of the car crash, not from the date of the death.

Compensation available includes charges for medical expenses; memorial and burial services; compensation for the person’s pain, suffering, disability, and loss of income from the time of the injury through the time of death; financial losses to the person’s family or other heirs; compensation for the loss of companionship and services to the person’s spouse, children, stepchildren, stepparents and parents; and punitive damages may sometimes be available as well.
The law caps the amount of noneconomic damages at $500,000. This does not apply to economic damages, which are not capped.

Date: June 3, 2010
Location: SR 99W near Monmouth, Oregon
Names: Jack Mitchell, Nancy Mitchell, Amanda Parsons, Tyler Funk

A Newport man died and three other people were injured in a head-on crash June 3, 2010, on State Route 99W near Monmouth, Oregon, according to an OSP press release.

Around 7:30 PM, a car driven by Amanda Parsons, 19, of Missoula, Montana, was traveling north on the highway when it drifted onto the shoulder. Parsons overcorrected and the vehicle crossed the center line, striking a southbound car driven by Jack Mitchell, 77, of Newport.

Mitchell was pronounced dead at the scene. His passenger, Nancy Mitchell, 83, of Newport, was seriously injured and taken to Good Samaritan Hospital in Corvallis.

Parsons and her passenger, Tyler Funk, 19, of Portland, sustained minor injuries. They were taken to Salem Hospital.

The Monmouth car accident closed the highway for around three hours while troopers investigated.

It was not known whether any charges would be filed.

We send our condolences to Jack Mitchell’s family. It is so painful to lose a loved one, and we will be thinking of you. We also want to send our wishes to Nancy Mitchell, Parsons, and Funk. We hope you recover quickly and completely.

Wrongful death claims are allowed by law. ORS 30.010-30.100.

The statute of limitations for an Oregon wrongful death claim is tricky. It is “three years after the injury causing the death . . . is discovered or reasonably should have been discovered. . . .” In other words, it’s not three years from the date of death; it’s three years from the date of the original injury that ultimately caused the death. If a person goes into a coma from a car crash, and dies eight months later, the case will have to be brought within three years from the date of the car crash, not from the date of the death.

Compensation available includes charges for medical expenses; memorial and burial services; compensation for the person’s pain, suffering, disability, and loss of income from the time of the injury through the time of death; financial losses to the person’s family or other heirs; compensation for the loss of companionship and services to the person’s spouse, children, stepchildren, stepparents and parents; and punitive damages may sometimes be available as well.

The law caps the amount of noneconomic damages at $500,000. This does not apply to economic damages, which are not capped.

The moments and days after a car crash in Oregon are the most important. First, you must seek medical attention as soon as possible. Even if you think your injuries are minor, you should have a record of anything after the accident in case the pains become more serious. Second, either you, a friend or family member, or a qualified attorney, should collect evidence from the accident scene. Evidence can disappear quickly, so doing this while your loved one is in the hospital is of extreme importance. We understand that you may not want to do this while you or your loved one is in the hospital, so you may want to ask an Oregon injury attorney to do it for you.

The months after an accident are important as well. There are time limits to filing a claim if you have been in an accident. And sometimes you can’t go back to work, so you start to worry about paying medical bills and wage loss. These are all stressful things, and it doesn’t help that the insurance company won’t leave you alone, but they won’t help you either. 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: June 2, 2010
Location: SR 22 near Salem, Oregon
Names: Baldev Chada, Eugene Park, Sharon Van Cleave, Chung Kim, [Unknown]

Five people were hospitalized after a four-car crash on State Route 22 west of Salem, Oregon, on June 2, 2010, around 2:40 PM, according to reports in The Oregonian and an OSP press release. Heavy rains and standing water on the road contributed to the crash.

Baldev Chada, 55, was driving eastbound on the highway when his pickup truck encountered standing water in the roadway. The pickup swerved to the left and veered across the westbound lanes.

The truck crossed the eastbound “A” lane, where it was struck by a westbound Honda Accord operated by an unidentified driver.

Behind the Honda was a Toyota mini-van driven by Eugene Park, 61, of Independence. Park slammed on the brakes as the pickup driven by Chada crossed the westbound lanes.

Meanwhile, a Dodge Aries was following behind the mini-van. The driver, Sharon Van Cleave, 58, of Dallas, saw Park hit the brakes and tried to stop, but her car hit the rear of the mini-van.

Chada, Park, Van Cleave, and the unidentified driver of the Honda Accord were taken to Salem Hospital with non-life threatening injuries. In addition, a passenger in the mini-van driven by Park, Chung Kim, 50, of Independence, was transported to a Salem hospital.

Troopers reported that heavy rains had left standing water on the highway.

SmartMotorist.com urges drivers to use extreme caution when there is water on the road. Driving through deep water not only can risk your life, it can ruin your engine. Here are some tips:

• Drive very slowly and carefully.
• Never drive through moving water if you can’t see the ground through it.
• If the water is deeper than the bottom of your doors or the bottom third of your wheels, do not try driving through it. Use a detour instead.
• Take special care at night, when it is more difficult to see water hazards.
• If you have determined that it is safe to proceed, go slowly and avoid making large waves.
• After driving through a deep water hazard, check your brakes. If they are saturated, drive slowly while braking lightly to generate enough heat to dry them out. Be sure they are working evenly before picking up speed.

Also, read our tips for driving in the rain.

We send our wishes for a fast recovery to everyone involved in this Salem vehicle crash. Our thoughts are with you.

Many questions arise out of a car crash in Oregon. 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, download helpful documents, or request a free copy of our book. And if that’s not enough, you can always contact us to ask us any questions.

Date: May 30, 2010
Location: Highway 30 near Astoria, Oregon
Names: Andrew Stuart Church, Kenneth Eugene Middleton

A man driving drunk, with his 13-year-old daughter in the car, was jailed following a fatal crash over the Memorial Day weekend on Highway 30 east of Astoria, Oregon. The crash killed Rainier-area motorcyclist Andrew Stuart Church, state police reported in a press release.

On May 30, 2010, around 6:10 PM, a pickup driven by Kenneth Eugene Middleton, 44, of Southeast Portland, was driving east on the highway near milepost 94 when it crossed the double solid yellow center lines on a blind curve and crashed almost head-on with a motorcycle driven by Andrew Stuart Church, 35, of Rainier.

Church was thrown from the motorcycle and landed in a nearby field. The pickup continued, dragging the motorcycle, until it came to a stop alongside the highway.

Church was not carrying identification, but police later identified him through a photograph sent electronically to investigators at the scene. He was wearing a motorcycle helmet.

Middleton and his 13-year-old daughter were unhurt. They were using safety restraints.

Middleton was arrested and taken to Clatsop County Jail on the following charges:

• Manslaughter in the First Degree
• DUII
• Reckless Driving
• Recklessly Endangering Another Person

Oregon State Troopers are continuing to investigate the fatal Oregon motorcycle crash, which came during a holiday weekend that historically has the highest number of drunk-driving deaths of all major annual holidays in Oregon. During the last 40 years, over 250 people have lost their lives in Oregon traffic crashes in the Memorial Day holiday period. Since 1985, 54 percent of the deaths have involved drunk driving.

We send our thoughts and prayers to Church’s family in their time of grief. There is no excuse for drunk-driving accidents, and we can’t help feeling outraged at this senseless loss.

We encourage people to educate themselves on the law of drunk driving in Oregon, and we offer information on our website, including this video. Please learn all you can. But when a drunk driver is involved, the law becomes very tricky, and you may want to contact an experienced Oregon injury attorney.