Car Crash

You’ve looked at all the latest models. They come with every gadget and gizmo imaginable. Nowadays, cars, SUV’s and even pickup trucks have sound systems to rival any movie theater, satellite navigation systems that could have been put together at NASA, and seats that keep you warm in a blizzard and cool in a heat wave. Climate inside the vehicle can be controlled to the nearest degree, and it can be set to keep the hot-blooded driver chilled, and the chilly passenger as warm as toast.

These are considerations when deciding the best vehicle to buy for your family, certainly. However, something that should be read by anyone thinking of getting a new family vehicle, even before the glossy brochures at the dealership, are the latest car safety reports. The discerning driver will put family safety ahead of 0 to 60 mph times, and a responsible Portland car accident lawyer would advise any new buyer that flashy cars and some top-heavy SUV’s, while they might look good, don’t provide the kind of protection a parent would want for their child in the event of an accident.

With that in mind, what safety features would a Portland car accident lawyer recommend family and friends to look for when choosing the next family motor? Fortunately, manufacturers have come up with some innovative new safety features. The following would be excellent additions to the equipment on any car using Oregon roads:

• Stability control. Especially important if you’re considering SUV’s, which have a greater rollover risk than passenger cars, this feature helps drivers maintain control of their vehicle in emergency situations.
• Electronic steering control. Along with traction control and all wheel drive, these features improve traction when road conditions are poor, and are considered especially important in areas like Oregon that are prone to occasional heavy snowfall or lots of rain.
• Roll stability control. Another device that reduces risks of rollover in extreme cornering situations, this feature would be an important addition in tall vehicles with a high center of gravity. The system uses a gyroscopic sensor and works with the electronic steering control to brake one or more wheels and reduce engine power in an emergency situation. Read the rest »

Date: January 23, 2010
Location: Highway 20 near Suttle Lake, Grandview, Oregon
Names: Kim Barry, Mark White, Wayne Johnson, Cynthia Worfford, Nelty Burggraf, Doyle Foster, Dewayne Wafford

On January 23, 2010, a series of crashes on an icy stretch of Highway 20 near Suttle Lake in Grandview, Oregon, seriously injured three people. As of January 25, two of the victims had improved, but one was still in critical condition.

Dewayne Wafford, 60, of Eugene, and Doyle Foster, 48, of Veneta, were upgraded from serious to fair condition, but Nelty Burggraf, 36, also of Veneta, remained in critical condition. All three were passengers in cars involved in the crash.

Around 9:45 AM, Kim Barry, 48, of Sisters, attempted to negotiate a turn on the highway, when she lost control of her car. The car left the road and flipped onto its top. Luckily, Barry told KTVZ, that she walked away without a scratch.

Just moments later, an SUV driven by Mark White, 46, of Veneta, which was behind Barry’s car, also lost control, spinning into the opposite lane. Burggraf and Foster, who were injured, were passengers.

The Bronco was then hit on its passenger side by a Ford Explorer driven by Wayne Johnson, 81, of Eugene. Wafford, who was also injured, was a passenger in the car.

Last, a car driven by Cynthia Worfford, 53, of Corvallis, slammed into one of the other cars. Worfford was apparently uninjured.

We send our thoughts and wishes for recovery to Burggraf, Wafford, and Foster, as well as everyone else involved in the crash. We hope you’re out of the hospital and back with your families soon.

Springtime is ahead, but it’s not here yet, and all drivers should be careful of icy roads. The Oregon Department of Transportation, in “Winter Driving Can Be Tricky,” offers some tips for driving in winter weather:

•    In snow or fog, drive with your low beams on. And keep headlights clean – dirty headlights can cut visibility by half.
•    Keep a good grip on the steering wheel. Do not make sudden turns; if you skid, correct your car using a light touch.
•    Increase following distance, then increase it some more. ODOT recommends at least three times the normal following distance in snow or ice.
•    If you find yourself skidding, ease your foot off the accelerator. If you have a manual transmission, push in the clutch. While keeping your foot off the brake, steer the same direction your car’s rear end is skidding.

Shulman DuBois does not represent any of the parties in this article. If you were involved in this or a similar incident and have questions as to your rights and options, call us or another reputable law firm. We offer a free, confidential consultation to not-at-fault people discussed in this article. The free consultation extends to family members as well.

Date: January 14, 2010
Location: Oakridge, Oregon
Names: Virginia Spalinger, Daniel Miller

According to KTVZ.com, a young Oakridge, Oregon, police officer was not at fault in the tragic crash that killed Virginia Spalinger, 91, on October 12, 2009.

Following OSP’s investigation, and a review by Lane County prosecutors, authorities decided that no charges will be filed against Officer Daniel Miller, 27.
Read the rest »

Date: December 19, 2009
Location: Highway 22 east of Idanha, Oregon
Names: Robert Lee Randis, Beverly J. Randis, Nicole Bowerman, Karlie Jean Callin, Dorian J. Dolinajec, Jessie E. Alway

According to an Oregon State Police press release, a three-car crash on Highway 22 east of Idanha, Oregon, on December 19, 2009, killed a Terrebonne man and injured five people, three seriously.

The accident happened around 4:30 PM when a Jeep Grand Cherokee driven by Dorian J. Dolinajec, 23, of Portland, was driving west on the highway, and moved partially across the center line as if to pass another car. The Jeep sideswiped an eastbound 2004 Hyundai car, driven by Robert Lee Randis, 69, of Terrebonne, then became airborne and crashed into an eastbound 2006 Ford truck driven by Jessie E. Alway, 61, of Bend.

The Hyundai’s driver, Randis, was pronounced dead at the scene. Two of his passengers received serious but non-life-threatening injuries: his wife, Beverly J. Randis, 67, of Terrebonne; and Nicole Bowerman, 10, of Sweet Home. The other passenger, Karlie Jean Callin, 13, of Sweet Home, had minor injuries. Beverly Randis, Bowerman, and Callin were transported by ambulance to Santiam Memorial Hospital.

The Jeep’s driver, Dolinajec, was seriously injured, and was taken by ambulance to Samaritan Albany General Hospital.

Alway received minor injuries. She was also transported to Samaritan Albany General Hospital.

Oregon State Police troopers were continuing to investigate, along with an OSP collision reconstructionist. As of December 20, it was believed that all occupants were using safety restraints.

Responders included Linn County Sheriff’s Office, Idanha Fire Department and Oregon Department of Transportation. The highway was closed for about 30 minutes, then opened to one-lane of traffic. Both lanes were reopened around 10 PM.

We send special thoughts to the Randises’ family members, and to all those who were injured – and we know that many, many others are sending thoughts and prayers to you now as well. We are so sorry for your loss, and we wish for the full recovery of the survivors. And especially to the children, who have their whole lives ahead of them.

When children are injured, the law can get complicated fast. For example, while the standard Oregon injury case must be filed within 2 years of the accident, the statute of limitations for children, on the other hand, is not so straightforward. ORS 12.160 steps you through the process for figuring out the statute of limitations. First, the regular statute of limitations applies. Second, it doesn’t start running until the child turns 18 years old. But, third, the statute cannot be extended more than five years. And fourth, it cannot be extended beyond the child’s 19th birthday. In addition to the statute of limitations, there’s also the issue of money. Money recovered belongs to the injured child, not to his or her parents. In certain cases, a judge will need to oversee the situation to make sure this happens.

Many traffic crashes are difficult to explain, and when death or injury is involved, it is important to contact a qualified personal injury attorney. Your lawyer will conduct a thorough investigation. We provide information on finding a good personal injury lawyer, and if you have questions after a car crash, please contact us.

Visit our car accident resource library.
Get a free 70+ page book Seven Common Mistakes That Can Wreck Your Oregon Accident Case.
Contact Shulman DuBois LLC about a free consultation.
Visit us on YouTube.

Date: December 6, 2009
Location: Highway 223 near Dallas, Oregon
Names: Rebecca Dunaway, Daymon Wachtler, Barrett Overhoff, Jennifer Dobbins

A 24-year-old Salem woman and teen were killed and 3 others were seriously injured in a head-on crash December 6, 2009, on Highway 223 near Dallas, Oregon, after a driver crossed the center line for unknown reasons.

Rebecca Dunaway, 24, of Salem, died in the crash, which occurred around 8:35 PM. Daymon Wachtler, 18, of Keizer, was critically injured and later died at the hospital.
Read the rest »

Date: October 31, 2009
Location: Oregon 99E near South Lone Elder Road, Aurora, Oregon
Names: Benjamin Story, Larry Scott Vang

The Oregonian reports that Oregon State Police have identified a Sam Barlow High School assistant football coach as a suspect in a hit-and-run crash that seriously injured Benjamin Story, 23, of Aurora, on October 31, 2009. Larry Scott Vang, 46, of Salem, had not been charged with a crime as of November 5, and the investigation is ongoing.

According to AOL Video, Story admits he was drunk while walking along 99E, but he said that doesn’t give anyone an excuse to hit him and leave him lying in the road.

Around 1 AM, police received several calls about a man walking in the middle of Oregon 99E near South Lone Elder Road, north of the Clackamas-Marion county line. When they arrived at the scene, they found Story lying on the south side of the highway, with serious but not life-threatening injuries. He was flown to Legacy Emanuel Medical Center by Life Flight helicopter and has since been released.

Police begin searching for a Toyota SUV with front-end and hood damage. Soon after, they learned that Vang had called 9-1-1 to report that he might have struck something on Oregon 99E. Vang was driving a white 2007 Toyota RAV sport utility vehicle.

Investigators confirmed to The Oregonian that Vang’s car struck Story.

Vang has been coaching football at Barlow for seven years; before that, he was varsity girls softball coach for 14  years. In his current position, he coached varsity and junior varsity running backs and special teams.
Anyone with information regarding the investigation is asked to call OSP Senior Trooper Jason Lindland at (503) 731-3020 ext. 457.

Hit-and-run is a serious crime, and conviction will result in 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 to the victim.
• 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.

There is never an excuse to leave the scene of an accident, and it is the moral and legal responsibility of every driver to stop. 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. We send our best wishes to Story for a quick and complete recovery.

Hit-and-run is a serious violation of Oregon Vehicle Code 811.705. The hit-and-run driver must be held civilly and criminally responsible for his actions. Our website is filled with what to do if you have been a victim of a hit-and-run accident. And if you can’t find the information you’re looking for there, please don’t hesitate to contact us and ask us any questions you might have.  We take a very hard line against hit-and-run drivers.

Shulman DuBois, LLC, is located in Portland, Oregon, and serves clients in all Oregon cities and counties, including: Portland, Beaverton, Multnomah County, Hillsboro, Gresham, Lake Oswego, West Linn, Tualatin, Troutdale, Sellwood, Corvallis, Salem, Eugene, and Albany.