2010 September Archive

Date: August 12, 2010
Location: I-205 near West Linn, Oregon
Names: Ryan J. Porter, [Unknown]

A 22-year-old man was cited for drunk driving and other charges after a single-car rollover crash that injured him and his female passenger, according to an OSP press release.

On August 12, 2010, around 1:55 AM, a car driven by Ryan J. Porter, 22, of West Linn, Oregon, was northbound on I-205 in the West Linn area, when it rolled over, coming to rest on its side. An unidentified female passenger was extricated using the Jaws of Life. Both she and Porter had serious but non-life threatening injuries, and were transported to OHSU for treatment.

While Porter was in the hospital, police showed up and issued the following citations:

• DUII
• Reckless Driving
• Recklessly Endangering Another Person

An OSP investigation is continuing.

We send wishes for healing to both parties involved in this crash, especially the injured woman who is suffering because of another person’s choice to drink and drive.

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 injury 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, this video helps explain and 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 offer a 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: August 7, 2010
Location: SE 136th & Division, Portland, Oregon
Names: Phillip Hattig, Delaney Bean, [Unknown]

A 40-year-old man led police on a chase at speeds up to 60 MPH and wound up in a four-car crash that injured a grandmother and three granddaughters, but officers finally caught up to him, according to The Oregonian.

On August 7, 2010, around 5 PM, a police officer was flagged down about a van driving erratically in the area of SE 130th Avenue and Foster Road in Portland, Oregon. The officer spotted the out-of-control driver and tried to stop the vehicle near 134th Avenue.

Police tried to stop the van with spike strips, but it kept going, running a red light and crashing into three other vehicles in the intersection of 136th and Division.

The van’s driver, who was later identified as Phillip Hattig, 40, and four persons from one other vehicle, were taken to area hospitals. Their injuries were described as serious but not life-threatening.

According to KATU.com, the injured persons in the other vehicle were an 87-year-old grandmother and her granddaughters. One of the girls was Delaney Bean, 14, who is starting her freshman year in high school in a few short weeks, and will now have to start school using a walker. Bean suffered a cracked pelvis, broken nose, three fractured ribs, and a punctured lung.

Bean told reporters, “I just want to know why he would do that – and why he would hurt little kids and people when they had nothing to do with him.”

Hattig was driving an unreported stolen van, and alcohol was a factor in the crash. In addition, Hattig had been released from jail the day before, for attempted theft and trespassing. He had a long rap sheet, with a criminal history going back years.

In court August 9, Hattig pleaded not guilty to the following charges:

• Second-Degree Assault
• Unlawful Use of a Motor Vehicle
• Possession of a Stolen Vehicle
• Reckless Driving
• DUII

We send our wishes to Delaney for quick healing and a good start to her high school career. We also send our thoughts and prayers to Delaney’s grandmother and the other young people who were injured in this tragic crash.

This crash emphasizes how important it is to have adequate UIM (underinsured motorist) coverage. Here’s how it works:

Suppose you’ve been seriously injured in a car crash, and the total cost of damages to you exceeds the insurance limit of the person who hit you. There are other ways for you to collect the additional money you deserve.

Let’s say that a jury decides that your injuries are worth $75,000, but the person who hit you only has $25,000 worth of insurance. You may still be able to collect the additional $50,000 through your UIM coverage, or by collecting from the person directly.

Your automobile insurance should include UIM coverage. If you are hit by someone who does not have enough insurance to compensate you, your UIM coverage is supposed to step in and make up for the difference. We recommend that you have at least $250,000 of UIM coverage per person, and $500,000 per accident. This is known as 250/500 coverage. This coverage will protect you and your family in case you are hit by someone with inadequate (or no) insurance.

You may also be able to collect money from the individual person who hit you. This may or may not be a good idea, depending on the person’s assets. If the person who hit you is flat broke, then attempting to collect money from him/her is a waste of time and money. On the other hand, if the person is quite wealthy, it can be worth it. A good Portland car accident attorney will know how to investigate the financial standing of the person who hit you, and will be able to advise you on whether or not attempting to collect directly is a good idea.

Date: August 9, 2010
Location: Highway 242 near Sisters, Oregon
Names: Frank W. Gasperetti

When police spotted a man walking away from a burning motor home, they arrested him for drunk driving. But the driver later told reporters a very different version of events.

According to an OSP press release, on August 9, 2010, around 1:10 AM, police were advised that a motor home was blocking Highway 242 near Sisters, Oregon. The vehicle was on its side, completely engulfed in flames, and the fire was spreading into nearby trees. Firefighters acted quickly to extinguish the flames.

Trooper Evan Sether was responding to the scene when he saw Frank W. Gasperetti, 39, of Redmond, walking away from the crash scene. Gasperetti was transported back to the accident site, where police arrested him for DUII. Gasperetti was then taken to Lane County Jail, where the DUII investigation was completed. He was cited and released with a court date.

Later, however, Gasperetti told KTVZ.com that things happened differently.

Gasperetti said a wheel on the motor home caught fire, the brakes went out, and when he tried to make a turn, the motor home flipped over. He said he was not drunk, but disoriented due to a head injury from the crash. Since there was no cell phone service in the mountains, he went walking for help.

Gasperetti said that police refused to give him a breath test at the scene. Instead, they did a field sobriety test (walk a straight line, stand on one foot), which he flunked due to his disoriented state. Gasperetti also claimed that when he did blow a Breathalyzer reading, at the jail, no alcohol level was determined.

Any time someone is injured in an accident, it is tragic. And sometimes, not even the police know exactly what happened.

Even “minor injuries” from a car crash can turn into problems that cause pain and affect your life. That’s why it’s so important to seek medical attention as soon as possible. Not only will it help identify any serious problems, it will give you a treatment record, which can be helpful if problems develop later.

Also, after an accident, 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 as soon as possible 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 accident attorney to do it for you.

There are time limits to filing a claim if you have been in an accident. And there’s so much stress. Meanwhile, the insurance company won’t leave you alone, but they won’t help you either. So please, do not hesitate to contact 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: July 31, 2010
Location: Highway 211 near Molalla, Oregon
Names: Justin A. Reck, Jeanie Pauline Burghardt

A driver with a suspended license was killed on July 31, 2010, after the car he was driving crossed the centerline and crashed head-on with another car, according to an OSP press release. The driver of the other car was injured, but is expected to survive.

The crash occurred around 7:50 PM on Highway 211 near Molalla, Oregon. Justin A. Reck, 24, of Molalla, was traveling westbound when the car he was driving crossed into oncoming traffic and slammed head-on into a car driven by Jeanie Pauline Burghardt, 64, also of Molalla. Both vehicles came to rest off the highway.

Reck was pronounced dead at the scene. Burghardt was airlifted to Legacy Emanuel Hospital with non-life threatening injuries.

Both drivers were using safety restraints, and both vehicles’ airbags deployed. State police are continuing to investigate the crash, which closed the highway for three hours.

We send our thoughts to Burghardt as she recovers, and we also send our condolences to Reck’s family.

As Oregon car accident lawyers, we believe there is absolutely no excuse for driving while suspended. It is a blatant disregard for the law, for others’ lives and well-being, and – as this crash demonstrates – for the driver’s own life as well.

Because Justin Reck chose to drive, even though his license was suspended, he abandoned his family, including his pregnant fiancée, Candice, and his child will grow up without him.

According to the Oregon State Bar, when a driver’s license is suspended, it means that driving privileges are removed until a certain amount of time has elapsed or other conditions are met, such as buying insurance or paying fines. This is different from a license being revoked, in which case it is taken away permanently. However, the effect is the same: you cannot drive, unless you have special permission from DMV.

The most common causes for suspended licenses are:

• Failure to report an accident
• Failure to appear for a court hearing
• Failure to obey a court order
• Failure to file proof of future financial responsibility, when required
• Failure to pass a breath test

Driving while suspended is a serious offense. It could be treated as a crime or as a violation, depending on the reason for the suspension and other factors. In the case of criminal driving while suspended, the offender could get up to a year in jail and $6,250 in fines. On top of that, all vehicles the convicted person owns can have their registrations suspended for up to three months, and the vehicle being driven at the time of the offense could have its registration suspended for up to 120 days. In some cases, this can happen even if the offender was not the registered owner of the vehicle.

If you knowingly allow someone to drive on a suspended license – whether it’s their own vehicle or yours – you could face a citation.

That’s not all. The court can order the vehicle impounded for up to three months. While the vehicle is locked away and stored, the convicted person is responsible for the costs of towing and storing the vehicle. If the person does not pay when the impoundment is over, the vehicle may be sold at public auction.

Of course, those consequences are very, very minor when you consider the risk to your life and health.

Shulman DuBois LLC represents victims with injuries resulting from accidents. Our clients deserve representation with our experience, sensitivity and tenacity. Should an unfortunate episode find you or someone you know in need of representation as a result of an accident related injury or death, the best thing you can do for yourself is to get educated by reading our Frequently Asked Questions, exploring our Library, or ordering your free copy of 7 Common Mistakes That Can Wreck Your Oregon Accident Case. If you still have questions, contact us.

Date: August 2, 2010
Location: I-5 near Medford, Oregon
Names: Makh (Matikeef) P. Daniels, Justin H. Garcia, Tyler S. Jensen, John S. Strachan, Matthew J. O’Brien, Daniel P. Sheddon, Adam T. Campbell, Alex Hernandez

A tour van carrying nine musicians from two California metal bands, Early Graves and Funeral Pyre, crashed August 2, 2010 on I-5 near Medford, Oregon, killing one band member and injuring two others, according to an OSP press release.

The crash happened around 5:30 AM as the van traveled southbound, pulling a utility trailer. Inside the van were five members of Early Graves and four members of Funeral Pyre. They were reportedly driving from Eugene, Oregon to Reno, Nevada after playing a weekend outdoor concert.

State police believe the van’s driver, Justin H. Garcia, 24, of Fresno, California, fell asleep at the wheel. The van and trailer traveled off the right shoulder, where it rolled over, coming to rest in a grassy area off the freeway.

Makh (Matikeef) P. Daniels, 28, of Pacifica, California, who was lying in a rear cargo area with two others, was thrown from the van. He was pronounced deceased at the scene.

Garcia and passenger Tyler S. Jensen, 21, of Livermore, California (a guitarist for Early Graves) sustained non-life threatening injuries, and were taken by ambulance to Rogue Valley Medical Center.

The other occupants of the van, none of whom were injured, are:

John S. Strachan, 26, Long Beach, California (Funeral Pyre)
Adam T. Campbell, age 27, from Brae, California (Funeral Pyre)
Alex Hernandez, age 27, city of residence unavailable (Funeral Pyre)
Matthew J. O’Brien, age 28, from San Francisco, California (Early Graves)
Daniel P. Sheddon, age 27, from San Francisco, California (Early Graves)
Christopher M. Brock, age 23, from San Ramon, California (Early Graves)

Police said they were continuing to investigate, and will review the results with Jackson County District Attorney’s Office for enforcement consideration.

We offer our sympathy to Daniels’ family and friends. We also send wishes of healing to Jensen and Garcia.

Daniels’ bandmates and fans are mourning the death of a man the band describes as “incredibly funny” and an “amazing writer.” The heavy metal website The Gauntlet, however, is asking whether Daniels’ death could have been prevented. Looking at Funeral Pyre’s touring schedule, the group performed an exhausting show, then had to get to another show, 550 miles away, in a single day, requiring a 12-14 hour drive over rugged, mountainous terrain, with no stops. The author wonders, “Should Funeral Pyre’s booking agent be held responsible for Makh Daniels’ death?”

Right now this is an open question – one of many. But if you unfortunately find yourself in a situation involving wrongful death, here are some important considerations:

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.

If a city, state, county, or other public body is being sued, a Tort Claim Notice must be received by the entity being sued within 180 days of the injury.

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.

If you have additional questions, please contact us. We’ll be happy to assist.

Date: July 18, 2010
Location: Tualatin Valley Highway, Hillsboro, Oregon
Names: Jaziel Lopez-Medina

A hit-and-run driver killed an 18-year-old man who was walking on or near the highway near the Sunset Esplanade Shopping Center in Hillsboro, Oregon. Over a month later, no one had come forward, and police were still looking for the person responsible.

On July 18, 2010, Jaziel Lopez-Medina, 18, was found lying in a westbound lane of the Tualatin Valley Highway. Police determined he had been struck and killed by a car.

No one witnessed the crash, but one resident told police he saw Lopez-Medina earlier that evening, apparently highly intoxicated and stumbling. However, he was not a transient; an obituary in The Oregonian says he was a college student.

Locals said the area near the crash site is very dark, and it is known for people running red lights.

We send condolences to Lopez-Medina’s family, including his life partner, Ruth, daughter Aracely, mother Maria, and father Juan.

It is important not to rush to blame the victim in a case like this. Even if a person is drunk, that doesn’t mean they should get hit by a car. In addition, as local residents pointed out, there were other factors that may have contributed, such as lack of sufficient lighting and dangerous traffic.

And very importantly, this is another case where a driver ignored the law, ignored basic responsibilities, and abandoned the victim, by fleeing the scene. Accidents are bad enough – but leaving the scene makes it many times worse.

As we recently noted on our website, hit-and-run really boils down to selfishness.

We can’t say it often enough or loudly enough. Never, never flee the scene of an accident. Make sure nobody is hurt. Wait for law enforcement. Do the right thing. If you don’t, you may end up facing a lifetime of guilt, remorse and regret.