Portland Personal Injury Blog

Date: July 27, 2010
Location: Tualatin Valley Highway, Hillsboro, Oregon
Names: Preciosa Galorio

Preciosa Galorio, 65, was struck and killed by a hit-and-run driver July 27, 2010, around 7:30 PM, as she crossed the Tualatin Valley Highway at SE 11th Avenue, in Hillsboro, Oregon. Officers said the driver never even stopped to see whether Galorio was dead or alive – and, according to one witness, the driver actually drove over her again before speeding away.

According to reports on KPTV.com and KATU.com, as Galorio walked across the highway in the crosswalk, a westbound pickup truck hit her and kept on going. Galorio was airlifted to Legacy Emanuel Hospital, but she was pronounced dead at 10 PM.

Police are still looking for the driver. The vehicle is described as follows:

• 1990s full-size Chevy pickup that had been lifted
• Lower portion of the vehicle is painted black or dark blue
• Upper portion of the vehicle is described as being blue-gray or a smoky, gray color
• Bed of the pickup has a wood cargo panel that is attached to the pickup’s bed

If you have any information, please call Detective Smith at 503-992-3210.

We send our wishes and sympathies to the Galorio family, as they remember their beloved mother and grandmother, who had a passion for cooking and was known for her loving personality.

To help the Galorio family with expenses, please donate to the Galorio Memorial Fund at any US Bank.

After the crash, some residents said it was a dangerous intersection, with crossing lights that don’t allow enough time to get across, even at a brisk pace. And recently, on July 18, there was another hit-and-run crash in the same area, killing Jaziel Lopez-Medina, 18.

We can’t say it often enough: never flee the scene of a car accident in Oregon or anywhere else.

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.

The hit-and-run driver must be held civilly and criminally responsible for his actions. And the Galorio family may be well advised to contact a reputed Oregon hit and run accident 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 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: July 26, 2010
Location: Highway 26 near Banks, Oregon
Names: Brittany R. Spady

Could pets in your car be as dangerous as texting while driving?

On July 26, 2010, according to an OSP press release, a 21-year-old woman was distracted by her cat, which was loose in the car, and lost control of the vehicle. Brittany R. Spady, 21, of Manning, ended up with non-life threatening injuries from the resulting crash.

On August 19, a study by AAA confirmed just how dangerous it is to have a pet loose in your car, calling it just as distracting as texting, and warning that pets are now the third worst distraction for drivers.

Spady was driving west on Highway 26 near Banks, Oregon, around 7:55 PM, when her pet cat crawled onto the driver’s side floorboard and got between the brake and gas pedals. Spady lost control of the car and veered into the westbound side ditch, where the car rolled and hit a tree.

Spady was transported by LifeFlight to OHSU for treatment of her injuries, and has since been discharged.

Good Samaritans at the scene searched for about 45 minutes for the cat, but could not find the animal.

We hope Spady recovers quickly from her injuries, and wish her the best. We also hope the cat will be found.

In addition, we hope our readers will use this opportunity to make sure they never drive with an unrestrained animal.
It’s just as dangerous as sending a text message while driving, said AAA, noting that taking your eyes off the road for only two seconds doubles your risk of a crash. They also discovered that having a pet in the car is the third most dangerous distraction, behind talking on the phone and texting.

According to the study, 80 percent of drivers say they travel with pets in the car – but less than a quarter of those keep the animals restrained. Two-thirds of dog owners often drive while playing with their pups or petting them, and sometimes even give them food and water. One in five allowed their dogs to sit in their lap.

Very few states have any laws dealing with pets in cars, and most of them only deal with dogs. To compound the problem, fines may be little more than a slap on the wrist – in Oregon, for instance, a violation is a class D traffic violation, with a fine of $90.

In Oregon and seven other states, drivers must secure animals when they are in an open area of a vehicle – like the back of a pickup truck. No state, however, requires animals to be restrained inside a car, and most laws only address dogs, not cats or other animals.

If you’re planning to travel with your pet, visit a pet supply store for a selection of crates and barriers that can help prevent a tragic Oregon auto accident. Here are a few more tips for driving with animals:

• Always transport cats in a travel crate designed specifically for cats. Cats like to sit on your lap or cuddle up on the dashboard – or even worse, interfere with your gas and brake pedals – and should never travel unrestrained.
• Your dog should always be tethered in a pet-designed seat belt or harness. If not, a sudden stop could send your dog flying forward with up to 500 pounds of pressure, risking serious harm to both you and your dog.
• Even though dogs love to hang their heads out the window, don’t let them. It’s not safe for the dog, and it can distract other drivers.

Date: July 24, 2010
Location: Highway 99W near McMinnville, Oregon
Names: Timothy Gibson, Gilbert Hokenson

A motorcycle passenger died July 30, 2010, from injuries sustained in a July 24 crash on Highway 99W near McMinnville, Oregon, according to Salem-News.com. The motorcycle operator, who was driving on a suspended license, was seriously injured, but as soon as he recovered, he attempted to flee law enforcement, and police promptly arrested and jailed him.

The crash occurred around 1:25 PM, when Gilbert Hokenson, 45, of Amity, was heading southbound on the highway, and failed to negotiate a left curve. The motorcycle left the highway, ran into a ditch, and crashed.
The motorcycle’s passenger, Timothy Gibson, 60, also of Amity, was critically injured, and was airlifted to Legacy Emanuel Hospital in Portland. Sadly, however, Gibson lost his fight for life, and he passed away the evening of July 30.

Hokenson had serious injuries. He was taken by ambulance to Willamette Valley Medical Center in McMinnville. State police discovered Hokenson’s license was suspended. On August 3, with Hokenson apparently recovered from his injuries, police learned he was planning to flee the area and took him into custody.

According to The Oregonian, Hokenson was taken to Yamhill County Jail on the following charges:

• First-Degree Manslaughter
• Driving Under the Influence of Intoxicants
• Reckless Driving
• Two counts of Recklessly Endangering Another Person
• Criminal Driving While Suspended

Hokenson’s bail was set at $515,000.

Our hearts go out to Gibson’s family after this tragic and pointless crash. We send special wishes to his sons, Brian and Adam, as well as his granddaughter Savannah, and his brothers, Dave and Paul. According to an obituary, Tim Gibson was an avid golfer who worked as a golf pro. He also enjoyed playing pool, and being surrounded by friends.

We are especially saddened by this loss of life because it was preventable – not only was Hokenson operating a motorcycle with a suspended license, he was driving under the influence. He placed his passenger and himself at risk, and because of this, a man was taken from his family.

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 human risk of driving while suspended. Please keep this in mind if a friend or relative with a suspended license ever wants to borrow your car, and just say no.

For those of you who haven’t been following this, talking on a cell phone while driving is worse than driving drunk.

The scientist who first discovered that talking on a cell phone while driving substantially increases your risk of crashing got an interesting write-up in the New York Times.

We’ve written extensively, and early, about the dangers of driving while distracted, whether by talking on the phone, texting, or otherwise. But how do we use this information to protect the innocent?

When someone has been seriously injured, an injury with lifelong effects, there is often not enough insurance money to cover the necessary care. For example, a person who is paralyzed, or who becomes paraplegic in an accident may require millions of dollars of medical care over his or her lifetime. Many drivers in Oregon only have $25,000 of insurance. This is not even enough to cover a broken arm, let alone a lifetime of care.

One of our jobs is to get to the bottom of who is responsible. And if a serious injury has resulted, we hope that person or corporation has high insurance coverage too.

For example, in 2004 a Virginia lawyer killed a teenager late at night while using his cell phone for her law firm’s business. She never even saw the girl she killed. The firm itself was held responsible and settled.

In another example, International Paper Company settled a lawsuit for $5.2 million when one of their employees, driving over 70 m.p.h. while using her company-issued cell phone, rear-ended her, resulting in injuries severe enough to cause an amputation.

If someone is injured by a driver who is talking on his or her cell phone (or texting), one of the early questions to ask is, “Who were they talking to?”

If they were talking for work – and particularly if the person’s workplace encourages or requires them to talk while driving – then the workplace may be partly responsible for the Oregon cell phone car accident. And if the workplace has a million dollar insurance policy, then the person who was severely injured in that crash may be able to get the medical care he or she needs from that insurance policy.

It’s important to get to the bottom of things. To chase down the facts. Who was the cell-using driver talking to? Where did the drunk driver get served? Who loaned the car to the person with a suspended license who later crashed.

Date: July 19, 2010
Location: Highway 99W, Newberg, Oregon
Names: Nathan Dirk Hext, Casey Niles Binkerd, Ina May Benuche, Ivan Louis Langley, Joshua David Reimer

A tragic crash that killed two teenagers and injured two seniors July 19, 2010, was the result of excessive speed, but not street racing, Newberg-Dundee police told KOINLocal6, putting to rest the rumors that have flown since the accident.

The three-car crash occurred on Highway 99W in Newberg, Oregon, around 2:50 PM. According to the Newberg Graphic, witnesses saw two cars, a Honda and a Dodge, speeding southwest on the highway toward Dundee, when the cars skidded at a railroad crossing and the Dodge may have clipped the Honda. The Honda then spun into an oncoming minivan.

A witness told police it looked like the cars were racing, starting the rumors.

The driver of the Honda, Nathan Dirk Hext, 18, of Newberg, was pronounced dead at the scene.

Also riding in the car was Casey Niles Binkerd, 15, of Dundee. Binkerd was critically injured and airlifted to OHSU in Portland for brain surgery. Despite physicians’ efforts, Binkerd died at the hospital.

The driver of the minivan, Ina May Benuche, 70, and passenger Ivan Louis Langley, 81, both of Amity, were taken by ambulance to Providence Newberg Medical Center with non-life threatening injuries.

Joshua David Reimer, 24, of Newberg, the driver of the Dodge, was stopped by police immediately after the crash and cooperated with investigators. His car was not damaged. Police have determined that Reimer was not involved in causing the crash, and he will not be charged.

Police found that Hext was traveling at excessive speed and lost control on the curve. He over-corrected and crossed the median, striking the oncoming minivan.

On Facebook, a memory page dedicated to Binkerd had over 1,000 members, with a family member posting: “I miss you buddy, you are a great little brother. I know you would hate me crying for you but I can’t help it. I just miss you, but I know I’ll see you again someday on the other side if I make it to where you are ”

According to an obituary on OregonLive.com, Binkerd was starting his sophomore year at Newberg High School. He loved sports, including swimming and tennis, and was an active member of his church. He was a creative young man who enjoyed making people laugh. He will be missed by family and friends, including his parents, Kerry and Kristin Tokstad Binkerd, a brother, three sisters, and many others. Memorial gifts may be made to the Casey Binkerd Memorial Scholarship Fund at Joyful Servant Lutheran Church.

Hext is remembered as well, with a page on Tributes.com, where a friend posted a note to the family, “Remember the good times.”

We send our sincere condolences to Binkerd’s family, and Hext’s as well. We also send our thoughts to Benuche and Langley, and hope that they are soon on the way to a full recovery, and we are glad that Reimer was not injured.

As Oregon auto accident attorneys, we are relieved that speed racing was not involved in this crash, but it is still too common, and it can be deadly. Edmunds.com notes that no one really knows the full extent of the problem, because it is difficult for accident investigators to distinguish between street racing and reckless driving, but using NHTSA figures, it is possible to estimate that between 1998 and 2001 there were 399 deaths due to street racing.

But even if you’re not racing, speeding by itself is a life-and-death matter. In fact, it could be worse than driving drunk! The Oregon Department of Transportation’s Traffic Crash Summary reports that in 2008 alone, speed-related accidents killed 216 Oregonians. That number far exceeds the amount of drunk-driving fatalities!

Why do people speed? To get somewhere quicker? Shaving a few minutes off your trip is not worth the risk of potentially harming or killing another innocent driver or passenger. For the thrill?

If you’re tempted to get somewhere faster by driving over the speed limit, remember that law enforcement is in full effect, and the Oregon State Police are continually looking for ways to both protect the innocent and punish those who endanger lives. If caught, you could lose your license, receive an expensive ticket or go to jail.

The risk is too great—lives can be lost as well as licenses and the ability to operate your own vehicle. It’s not worth it.

Sometimes, though, you can do all the right things and still find yourself injured in a car crash. 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, 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.

I don’t think I really admitted to myself that I was bullied until my own children entered grade school. All these years I’ve been telling myself it was just a normal part of growing up. That being picked on made me stronger. Even that it was good for me: that my “outsider” status contributed to my studying hard, getting good grades, and eventually making it into law school.

But once my own boys got close to school age, I had to rethink this attitude. I was forced to stop lumping a whole set of experiences under “character-building” or “normal growing pains” and start looking at what actually happened.

I remember one time, I must have been about 10 or 11 years old. I was at my friend Eric’s house. There was a kid – a bully – whose name I have blotted from my memory. Bully had me and Eric so scared that we were literally afraid to leave the house. We spent our entire “playdate” strategizing about what to do if he came to the house. I thought we should call 911. Eric thought that we should be ready with knives from his parents’ drawers.

Bully had been specific. He said that he would get his friends together – they were a rough bunch, Bully’s friends – and they would surround us and break our arms and our legs and poke out our eyeballs and make us eat them.

In addition to discussing self-defense that day, Eric and I also debated whether he would really make us eat our own eyeballs, or if he was exaggerating. Eric thought he would really do it. I thought he was exaggerating, and that really he would probably stop after breaking our arms and legs. And maybe kicking us in the face until our faces bled.

Imagine being 11 and actually believing this. Now imagine spending your life thinking this was normal childhood activity. Or maybe you don’t have to imagine. Maybe you just have to remember.

I didn’t want to remember, but as my children reached school age, I had to think seriously about the possibility that they would be bullied, or that they would bully other kids.

Then came the death of Phoebe Prince. Maybe you remember this poor 16 year old girl who hanged herself after suffering intense bullying at her school just west of Granby, MA. The state of Massachusetts created new anti-bullying laws four months after her death. Oregon, ahead of the curve, has had anti-bullying laws on the books since 2001, and the laws were strengthened, coincidentally, about 6 months before Phoebe Prince’s death.

Oregon’s anti-bullying laws are ORS 339.351 to 339.364. The laws require every school district in Oregon to adopt policies prohibiting harassment, intimidation, bullying, and cyberbullying. The districts are encouraged to consult parents in developing these policies.

As a lawyer, maybe I’m supposed to be happy about these laws. I suppose I am. But the truth is, I think they’ll do about 1% of the work. Kids can’t be left to deal with this on their own. The other 99% is going to have to come from parents and teachers. Mostly parents. I’m trying to talk to my boys about it. It’s really hard. I don’t have any reason to believe they’re being honest with me. My parents were open, honest, and loving. I still lied to them about bullying because I was ashamed and I was quite certain there was nothing they could do that would help.

But still, I’m talking to my boys. I’m doing the best I can. I hope you’ll join me. If you are moved to share your own story, we welcome your voice. Send it to me directly by email to and I’ll post it with my story on our website.

Let’s not wait until another child dies, and let’s not sit idly by while so many are unnecessarily scarred.

Date: July 22, 2010
Location: Highway 30 & Old Portland Road near Warren, Oregon
Names: Kristina Brixey, Joseph L. Brixey, Douglas A. Heckman,

A 23-year-old woman died and her husband was injured July 22, 2010, in a car-truck crash at the intersection of Highway 30 and Old Portland Road near Warren, Oregon, according to an OSP press release.

Around 5:30 AM, a Honda Civic driven by Kristina Brixey, 23, of St. Helens, pulled out from a stop sign on Old Portland Road into the path of an unloaded dump truck heading north on Highway 30. The dump truck, driven by Douglas A. Heckman, 37, of Scappoose, struck the driver’s side of the car.

Kristina Brixey was pronounced dead at the scene. Her husband, Joseph L. Brixey, 21, who was a passenger in the car, was taken to Legacy Emanuel Hospital with non-life threatening injuries.

Heckman was not injured.

All occupants of both vehicles were using safety restraints.

OSP troopers from the St. Helens work site are continuing to investigate.

We send our most sincere condolences to Kristina Brixey’s family, including her husband, Joseph, and we hope Joseph recovers from his injuries and is home from the hospital soon.

As Oregon car and truck accident lawyers, we’ve seen many examples of how important it is for both car drivers and truck drivers to be especially alert when sharing the road.

According to a 1994 Federal Highway Administration report, an unloaded dump truck can weigh over 24,500 pounds. Compare that to the average compact car, at approximately 3,000-4,500 pounds.

When a car and a truck collide, the car loses. In fact, according to Autos.com, in car-truck crashes, 78 percent of fatalities are car occupants.

If you’ve been in a crash, you probably have many questions. It’s a time when you should be with your family, and taking care of yourself. But often we have financial worries – 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: July 21, 2010
Location: I-5 near Albany, Oregon
Names: Lela F. Andrews, Forrest K. Keeler, [Unknown]

On July 21, 2010, a highway crash injured six people, including four minor children. The crash occurred on I-5 near Albany, Oregon, around 4:20 PM, according to a report in The Oregonian.

Lela F. Andrews, 57, of Scio, was driving north in the left lane when she encountered heavy, slowing traffic. She attempted to change lanes, but was not able to do so safely, and the van she was driving crashed into the back of a pickup being towed by a motor home. The motor home, driven by Forrest K. Keeler, 54, of Coos Bay, was traveling less than 10 MPH at the time of the Oregon car crash.

The impact caused the van to roll multiple times, finally coming to rest in the left lane, while the motor home and pickup came to a stop in the right northbound lane.

Andrews and five other occupants of the van, including four minor children, were taken to area hospitals. The extent of their injuries was unknown, but they were believed to be non-life threatening. The names of the passengers were not available.

Keeler and his passenger, who was not identified, were unhurt.

State police are continuing to investigate the crash.

We send special wishes to Andrews, Keeler, and everyone involved in this accident, especially the children. We hope you recover quickly.

Any time someone is injured in an accident, it is tragic. And sometimes, not even the police know exactly what happened. But your injuries are very real–and so are your medical bills. If you have been injured in a car crash and are wondering how to find a good Oregon personal injury lawyer, we have information on choosing the right law firm for you, and rules to know when looking for an attorney. If you have any questions after an accident, let us know.

Date: July 15, 2010
Location: Highway 30 near Warren, Oregon
Names: Michael E. Church, Julia A. Rice, Lisa K. Patterson, John M. Yaskovic

Three people were injured in a chain-reaction four-car crash on July 15, 2010, around 3:05 PM, on Highway 30 near Warren, Oregon, according to an OSP press release, and troopers are looking into the possibility of drowsy driving as a contributing factor.

The crash started when a southbound Honda Civic driven by John M. Yaskovic, 67, of Carlton, crossed the highway and entered oncoming traffic in the northbound lanes, where it struck a Ford Explorer driven by Michael E. Church, 35, of Deer Island. The impact caused the Ford Explorer to spin around, and it hit a Honda Accord driven by Julia A. Rice, 32, of Scappoose, before flipping over several times and landing on its wheels in the northbound lanes. The Honda Civic then crashed head-on into a Chevrolet Cobalt driven by Lisa K. Patterson, 45, of Aloha.

Yaskovic and Patterson both sustained serious injuries, and were taken by ambulance to Legacy Emanuel Hospital.

Church had minor injuries. He was treated and released from Legacy Emanuel Hospital.

Rice and her 7-year-old daughter were not taken to a hospital.

All involved drivers were wearing safety restraints.

State police are continuing to investigate, including the possibility that driver fatigue may have contributed.

We send our thoughts to everyone involved in this crash, with special prayers to Yaskovic and Patterson as they recover. We also send wishes to Church, and our hopes that there will be no lasting problems from this crash. And we send Rice and her 7-year-old daughter our very best; we are so glad you escaped without serious injuries, and we hope you are doing well now.

According to the National Highway Traffic Safety Administration, driver fatigue accounts for thousands of crashes each year. NHTSA data in 1996 showed that driver drowsiness contributed to around 56,000 crashes per year, resulting in a yearly average of 40,000 injuries and 1,550 deaths. The agency further noted that these figures are low due to under reporting.

Risks for drowsy driving include sleep loss, driving between the hours of midnight and 6 a.m., driving a substantial number of hours in one day, driving in the mid-afternoon hours (especially for older drivers), and driving for long periods without taking a break. The use of sedating medication, including over-the-counter drugs, can also add to the risk, as can alcohol, as well as untreated or undiagnosed sleep disorders. These factors are cumulative; if more than one applies, the risk is even higher.

How to Avoid Drowsy Driving

• Plan to get sufficient sleep.
• Do not drink any alcohol at all when you are tired.
• Limit driving between midnight and 6 AM.
• If you become sleepy, stop driving immediately. Let a passenger drive, or pull over and get adequate sleep before driving again.
• In the short term, it can help to take a 15 to 20-minute nap and drink two cups of coffee.
• Do not rely on opening a window or turning up the radio. There is no evidence that these work.

Many questions arise out of a 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 Oregon car accident lawyers who feel it is our duty to help injured people deal with the insurance companies, so that you can focus on healing. 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.

Accidents can happen in a matter of seconds, and no one expects that they will ever be involved in one. This is why it is not always easy to know what to do after being injured in an accident.

The first step in making sure that you avoid some common mistakes that could wreck your personal injury case is getting a hold of helpful information. You should find out what legal time limits may apply to your case; how what you say or don’t say to your doctor can make or break your case; and how much your case is worth.

To find out more about how to be successful in obtaining the money that you deserve after being injured in an accident, please watch the video below: