Pedestrian Accident

Almost three months after the accident on Foster Road in which two women, Jessica Finlay, 28, and Lindsay Leonard, 23, were hit by a car while crossing the street, Jessica Finlay has died. She had been in a coma since the accident on November 1, 2009. Lindsay Leonard died in the crash.
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Date: December 21, 2009
Location: SW 178th Avenue & Tualatin Valley Highway, Forest Grove, Oregon
Names: [Not released] Cecilio Venegas

Three children, ages 10, 13, and 14, were injured after being struck by a car while crossing the street December 21, 2009, according to reports by Salem-News.com and KTVB.com.

The accident occurred around 4:50 PM, during dark, rainy conditions on the four-lane Tualatin Valley Highway at 178th Avenue in Forest Grove, Oregon. The children were crossing within a designated pedestrian crossing, and the first three lanes of traffic were stopped. But as the children crossed the last lane, all three were struck by a car driven by Cecilio Venegas, 52, of Gresham.

The 13-year-old girl and the 14-year-old boy were thrown over the hood onto the windshield of the car and suffered critical but non-life-threatening injuries. The 10-year-old girl received minor injuries. All three children were transported to Legacy Emanuel Medical Center.

Venegas told deputies he did not see the children until his car hit them.

According to KTVB.com, the children were wearing dark clothing, and Sgt. Bob Ray of the Washington County Sheriff’s Office reminded pedestrians to wear reflective clothing and carry a light.

Venegas was cited for passing a stopped vehicle in a crosswalk, which is a Class B traffic violation under ORS 811.020.

Our hearts go out to the children who were hit, and their families, and we hope they come through this difficult time without any lasting injuries. We know from experience how painful it is when a family member is hurt, and especially when they’re young. Please know our thoughts are with you.

Dark clothing or not, this accident never should have happened. When drivers see another vehicle stopped, they should do so also – especially at a marked crosswalk. That is why the law is there. If cars are stopped in a roadway, it’s for a reason. These children had every right to cross the street. And while all pedestrians and drivers have the responsibility to exercise due care, the pedestrians in this case, and all of the other cars, were following the law. Even if there is not a marked crosswalk, a driver must “stop and remain stopped” for a pedestrian in accordance with ORS 811.028.

When a pedestrian is hit in a crosswalk, it is generally considered the driver’s fault. However, just like everything in the law, there are exceptions. If a pedestrian was drunk and wearing dark clothes, and it was dark, the driver can sometimes escape prosecution. Or if a pedestrian darts out unexpectedly into an intersection, the law may take the driver’s side too. But in most cases, the law will consider it to be the driver’s fault, and the pedestrian or the pedestrian’s family will be able to get legal compensation – as they should.

The law is very tricky when children are injured. 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.

But every case is different. If you have been hurt in an accident and you have questions, contact a knowledgeable lawyer.

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.

Date: December 15, 2009
Location: SW Baker Street & SW Keck Drive, McMinnville, Oregon
Names: Austin Delmar Griffiths, Beverly Lynn Smith

In a press release, McMinnville Police are reminding drivers and pedestrians to be especially careful during bad weather, after a 10-year-old pedestrian was hit by a truck December 15, 2009, around 5:35 PM at the intersection of SW Baker Street and SW Keck Drive in McMinnville, Oregon.

The pedestrian, Austin Delmar Griffiths, of McMinnville, was crossing the street in a marked crosswalk when he was struck by a 2003 Chevrolet pickup truck driven by Beverly Lynn Smith, 45, also of McMinnville.

Griffiths was seriously injured in the crash. He was taken by ambulance to Willamette Valley Medical Center, and then transferred to Oregon Health & Science University Hospital in Portland for further treatment.

Along with police, McMinnville EMS responded to the scene.

The driver, Smith, stopped immediately, and is cooperating fully with the investigation, which was ongoing as of December 16. No citations had been issued.

McMinnville Police Department is asking anyone who may have witnessed the crash to call them at 503-434-7307.

Our hearts go out to the family now, and we are praying for Austin’s quick recovery. We hope he is at home with his family by the holidays. We realize the road to recovery can be long, and he’ll need support as much as ever as he gets his strength back. He should put recovery first.

His family, unfortunately, must worry about recovery and medical bills. It’s not something we want to think about at a time like this, but it will come up eventually, and it’s best to start preparing now.

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. Because of the complexity of the law, it is important to contact an experienced Oregon injury attorney.

If a pedestrian is hit in a crosswalk, it is generally considered the driver’s fault, as it should. Everyone must be alert on the road, but when you have 2,000 pounds on your side, it seems only right that you should look for those smaller than you. However, just like everything in the law, there are exceptions. If the pedestrian was drunk and wearing dark clothes, and it was dark, the driver can sometimes escape prosecution. Or if a pedestrian darts out unexpectedly into an intersection, the law may take the driver’s side too.

But in most cases, the law will consider it to be the driver’s fault, and the pedestrian or the pedestrian’s family will be able to get legal compensation. But in this situation, the child was in a marked crosswalk, and the driver should have been aware and ready to slow down. Especially right now, when road conditions are not optimal and it’s dark so much sooner. It’s hard to see pedestrians, and a driver should assume there is one around every corner. All cases are different, of course, so contact a knowledgeable lawyer if you have any questions about your 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.

Date: December 14, 2009
Location: SW 11th Street & W Orchard Avenue, Hermiston, Oregon
Names: Alfred Earl Davis, James Thomas Obrien

Alfred Earl Davis, 66, of Hermiston, Oregon, was the man struck and killed December 14, 2009, while crossing the street in his motorized wheelchair. He died after he was hit by a truck driven by James Thomas Obrien, 60, of Pendleton.

As Davis crossed SW 11th Street at W Orchard Avenue in the marked crosswalk, he was hit by a 2000 Ford F-450 flatbed pickup truck driven by Obrien, who was driving north. The truck was registered to Qualls Honey Houses of Hermiston.

A bystander called 9-1-1, and Hermiston Police Department and Oregon State Police responded to the site. Davis was pronounced dead at the scene.

Police are continuing to investigate, assisted by Umatilla County District Attorney’s Office.

According to an obituary, Davis moved from Boardman to Hermiston six years ago. He worked at Lamb Weston for 25 years, until he was disabled in an accident. He is survived by his ex-wife, Barbara Davis Estrada, daughters De Anne Jensen and Shanna L. Estle, four brothers and two sisters, four grandchildren, and a great-grandson, along with many loving friends and extended family members.

Services were held December 19 at Burns Mortuary Chapel in Hermiston.

We send our sincere condolences to the Davis family after the loss of a much-loved family member. We hope they can take some comfort in the many prayers being sent toward them, including our own.

According to Valvoline, intersections are hazardous areas, accounting for only a tiny percentage of 3.94 million miles of roads in the U.S., but up to 40 percent of car crashes. Seniors and the disabled are particularly at risk. We all share responsibility on the roads, but car drivers should retain more than others. And while pedestrian accidents are often caused by the driver’s inattention, we have some recommendations for pedestrians:

• Never assume drivers can see you. Keep your head up, make eye contact, and watch for cars making unexpected moves.
• Observe “Walk” and “Don’t Walk” signs.
• Even when crossing with the light, look in all directions before stepping off the sidewalk.
• Keep an eye out for green turn arrows. If cars are turning, wait your turn.
• Wear light, bright, or reflective clothing.

But pedestrian safety is only half of this life-and-death equation. Driver safety is key, and it is vital for all motorists to watch for everyone, but especially children, seniors, and those in wheelchairs.

If a pedestrian is hit in a crosswalk, it is generally considered the driver’s fault, as it should. Everyone must be alert on the road, but when you have 2,000 pounds on your side, it seems only right that you should look for those smaller than you. However, just like everything in the law, there are exceptions. If the pedestrian was drunk and wearing dark clothes, and it was dark, the driver can sometimes escape prosecution. Or if a pedestrian darts out unexpectedly into an intersection, the law may take the driver’s side too.

But in most cases, the law will consider it to be the driver’s fault, and the pedestrian or the pedestrian’s family will be able to get legal compensation. But in this situation, the child was in a marked crosswalk, and the driver should have been aware and ready to slow down. Especially right now, when road conditions are not optimal and it’s dark so much sooner. It’s hard to see pedestrians, and a driver should assume there is one around every corner. All cases are different, of course, so contact a knowledgeable lawyer if you have any questions about your case.

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?