Car

Just in the past week, we have read about at least three pedestrian accidents – two of which involved minors. In the other one, a man in a wheelchair was killed in Hermiston, Oregon.

It hit us that because of these accidents, people have lost loved ones during a time family and friends are most on our minds. And for those who are injured, they are forced to spend the holidays recovering, if they’re lucky. Some of them lie in a hospital bed in a coma. Their families watching over them day and night. Waiting.
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Date: November 23, 2009
Location: Highway 38 near Drain, Oregon
Names: Darcie Kroh

According to The News-Review, divers found the body of Darcie Kroh, 32, of Coos Bay, Oregon, in a car that was upside down in Elk Creek, near the site of a crash on Highway 38, near Drain, Oregon. The horrifying discovery occurred around 1:30 PM on November 23, 2009. Local residents near the crash site reported a car submerged in the creek, which runs next to the highway, around 11:40 AM, and divers from Douglas County Search and Rescue searched for about two hours.

Kroh was found “basically where the driver would have been in the car,” Oregon State Police Lt. Doug Ladd told The News-Review. She was wearing a shoulder safety belt, but not a lap belt. Kroh was pronounced dead at the scene; the exact cause of death was still unknown as of November 23.

According to OSP’s initial investigation, speed was a factor in the crash, which apparently started while Kroh was driving a 1990 Toyota Corolla east on the freeway. State police believe her car veered to the right shoulder as she came around a corner. The car then traveled about 150 feet, hit a telephone pole, went down a 10- to 15-foot embankment, and tumbled into the creek.

The crash may have occurred hours earlier, about 2:30 AM, when witnesses heard a loud noise. That morning, they noticed part of the fence was down and saw the car in the water, and called police.

Along with OSP and Douglas County Sheriff’s Office, responders included North Douglas Fire & EMS and Oregon Department of Transportation.

Our hearts go out to the family and friends of Kroh. You will be in our hearts this holiday season.

According to a 2009 ODOT fact sheet, speeding is the top contributor to traffic deaths and injuries in Oregon. Out of 416 total traffic deaths in 2008, over half (210) were speed-related, and speeding causes more traffic crashes than drunk driving. In addition, fatalities from speeding in rural areas are four times higher than deaths from speed-related crashes in the city.

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.

Date: November 23, 2009
Location: Highway 97, Bend, Oregon
Names: Jeanne Coward, Dodd Hook, Lois Gruver

Jeanne Coward, 69, of Bend, Oregon, was killed November 23, 2009, around 2 PM, on Highway 97 near the Deschutes Market Junction when her car was struck by an SUV driven by Dodd Hook, 47, also of Bend. The crash also involved a third vehicle, an SUV driven by Lois Gruver of Bend.

According to KOHD.com, Deschutes County Sheriff’s Office and Oregon State Police were called to the crash involving the Ford Explorer, driven by Hook, which had been reported for driving erratically, weaving, and possibly striking the median barrier. The crash occurred minutes after 911 received the erratic driving call.

Hook lost control of his vehicle and sideswiped Gruver’s car in the oncoming southbound lanes. Hook’s car then overturned and rolled into Coward’s car. Coward was pronounced dead at the scene. Hook suffered non-life-threatening injuries; he was taken to St. Charles Medical Center, where he was treated and released from the emergency room. Gruver was not injured.

There was no evidence of speeding or intoxicants as factors, and authorities were baffled as to what might have caused the crash; however, KTVZ.com reports that Hook’s erratic driving may have resulted from a medical condition.

A friend of Hook’s told KTVZ that Hook was diagnosed with juvenile diabetes over 20 years ago. The condition was not detected until he was in his 20s and was drafted for professional baseball. According to Hook’s friend, who asked not to be named, Hook “most likely” passed out from low blood sugar.

The friend said Hook was “extremely responsible” with managing his diabetes. He even had two wireless devices, a “pod” that infused him with insulin when needed, and a second device to monitor blood sugar.

“We’re really upset about what happened to this lady,” the friend told KTVZ. “It was a freak thing. We don’t know exactly what happened. If his blood sugar goes very low, very fast,” trouble can arise.

As of November 24, sheriff’s deputies were continuing to investigate, and asked any witnesses, or anyone with information, to contact them at 541-388-6655.

We send our condolences to Coward’s family after this sudden, shocking crash. We hope that they will find support in the community, and comfort in the prayers of others.

When a driver passes out due to a medical condition, it can be difficult to figure out who’s fault it is. You may be surprised to read this from a personal injury attorney, but it may be nobody’s fault. A freak accident is what we call an “act of God,” and nobody gets blamed.

But, here are some other possibilities:
-The driver may have been on medication that specifically stated he shouldn’t drive. That would make it the driver’s fault.
-The driver may have been on medication that did not state he shouldn’t drive, but should have! That would make it the fault of whoever produced, tested, and labeled the medication.
-The driver may have been on medication that should state that he shouldn’t drive, but the pharmacist mislabeled it. Pharmacy’s fault.
-The driver’s doctor may have misdiagnosed a condition, and therefore failed to tell the driver that he shouldn’t be driving.

There’s no way to know what actually happened to cause this tragedy without further investigation. This is certainly a situation that can get complicated fast. A victim doesn’t have to sue, and many choose not to, but those involved should certainly know what their legal and insurance options are. A competent personal injury attorney can help guide you through the process.

Important questions to consider when hiring a lawyer:
Does the lawyer understand how to help me pay my medical bills after an accident?
What about testimonials?
What kind of time limits are involved?
What if I have a smaller case?
Are there any hard rules to follow when looking for a great personal injury lawyer?

Date: September 27, 2009
Location: I-84 near Baker City, Oregon
Names: Juana Lopez-Lopez, Jonathan Mendoza-Lopez, Raul Mendoza-Lopez, Mireya Lopez, Hahir Emmanuel Mendoza-Lopez

A family vacation turned tragic September 27, 2009, when a car containing five family members swerved off the road and rolled down an embankment, killing a 60-year-old grandmother and a 4-month-old infant. Dead in the crash were Juana Lopez-Lopez and her tiny grandson, Jonathan Mendoza-Lopez.

According to Idaho Press-Tribune, the accident took place at about 6:25 AM, near Baker City, Oregon, on Interstate 84. Five members of the Lopez family were returning from a weekend gathering. Raul Mendoza-Lopez, 25, his wife, Mireya Lopez, 23, and the baby’s brother, Hahir Emmanuel Mendoza-Lopez, 4, all of Nampa, Idaho, were injured in the crash.

The devastating chain of events began as the family traveled east on the freeway, when their Ford Explorer started to drift to the left onto the gravel shoulder of the center median. Raul Mendoza-Lopez tried to steer back onto the road, but overcorrected, driving back across two eastbound lanes before swerving off the south shoulder onto an embankment. The vehicle then rolled several times, coming to rest about 50 feet away from the highway.

When the car finally stopped, Juana and Jonathan were dead. All the car’s occupants were wearing safety restraints. But Jonathan, who was in an infant seat in front, was thrown from the vehicle. According to news reports, authorities are checking on whether the safety seat was properly installed.

The driver and 4-year-old Hahir, who was in a booster seat in the back, were transported to St. Elizabeth Health Services with non-life-threatening injuries. Mireya Lopez was treated and released from Saint Alphonsus Regional Medical Center.

Eastbound lanes of the interstate were partially blocked for approximately six hours while emergency crews responded to and investigated the crash.

When children are injured, the law can get complicated fast. For example, while the standard Oregon injury case must be filed within two 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.

While accidents like this one can seem black or white, a closer investigation will sometimes turn up a surprise.  Some might assume that the driver fell asleep at the wheel, or stopped paying attention for some other reason. And perhaps that is exactly what happened. But there are many other possibilities as well. Poor road conditions may have caused this wreck – for all we know, there may have been a large pothole that has already caused three prior accidents, or maybe there’s a blind curve with a missing warning sign. If that is the case, there may be a lawsuit available against the city/county/state. Such a lawsuit would allow the injured person to receive compensation and hopefully prevent future accidents on that stretch of road. Maybe the car was recently brought in for a tune-up, and the mechanic replaced the steering mechanism carelessly, and the car lost steering.  These things do happen, and when someone is seriously injured, a competent Oregon personal injury attorney can investigate and find out what truly happened.  Usually at no cost.  For more information on what to do in the case of an Oregon accident, contact our office or read 7 Common Mistakes That Can Wreck Your Oregon Accident Case.

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.