Portland

On Tuesday, Hillsboro resident Andres Escobedo was sentenced to three years and four months of jail time for driving drunk and causing the death of his fiancé Ashley Dettra.

This is a very tragic story – Escobedo is only 21 years old. But drunk driving is a major problem and considering the way he was driving (he lost control and hit a concrete barrier), he is lucky that no one else was hurt. Apparently, people around Escobedo were aware that he had been drinking but did not stop him from driving.

In the summer, it’s very tempting to have a few drinks to cool off. And that’s fine – as long as you are aware that driving intoxicated is not acceptable. Many, many accidents are caused by drunk drivers every year and we can all do our part to try and prevent these deaths and injuries.

If you are going out to a party or know you will be drinking, it is always a good idea to appoint a designated driver. This person is responsible for ensuring that everyone gets home safely. Because this person cannot drink, it is good to take turns being the designated driver so that no one person resents the duty.

A designated driver will help prevent drunk driving accidents, and therefore will prevent injuries, deaths, tickets, and even jail time. There is no stigma to being a designated driver, and most people agree this is an admirable role. If you have a larger group, you might need more than one designated driver so that everyone can get home.

If you’ve been drinking, but did not designate a driver – do not drive! There are many alternatives. If you are at a friend’s house, stay there. If you know someone who doesn’t drink, ask them for a ride. If you really need to get home, call a taxi.

If you see someone is drunk, do not let them drive. Having a small confrontation is nothing compared to knowing you could have prevented a drunk driving accident or death. If you are sober, offer to drive the person home. If not, find a driver for both of you – but do not let an intoxicated driver endanger himself and others.

Another thing you can do to prevent drunk driving is to report any drunk drivers you see on the road. If you see a car swerving or you know someone has left a party drunk (but you weren’t able to stop them from driving) call 911. Do not drive alongside this vehicle, but try to notice the type of car, color, etc., and then pull over to call and notify law enforcement.

Drunk driving accidents can be prevented. Let the story of Escobedo serve as a lesson – and let it teach us all that there are serious consequences for driving drunk and for letting friends drive drunk. You never know who might be hurt. As lawyers who represent clients injured in drunk driving accidents, we’ve seen horrible things happen to good people because drunk drivers were on the road and hurt innocent people.

Every year, many people are injured on government property – in parks, recreation centers, public pools, on city streets, etc. But premises liability claims against the government are much more complicated than claims against private property owners. If you’ve been injured on government (including state, country, etc.), keep reading for some important information for filing a premises liability claim against the government.

Federal Torts Claim Act

The Federal Tort Claims Act was enacted in 1946. The FTCA allows individuals to get compensated for injuries that they received on federal government property due to negligence of a federal employee. This includes personal injury wrongful death, and property damage.

If an employee is found to be acting within the scope of his/job (which basically means they were authorized by someone within the organization), they can be found negligent and the government entity can be found liable. The FTCA allows money damages to be awarded for a specified amount. Under the FTCA, the tort liability law of the state where the land is governs even federal property.

 Portland, Oregon Premises Liability Laws

Anyone who wants to bring a claim against a state government for premises liability needs to be aware that each state has different immunity laws, which means the laws that govern the who/what/where/how, etc. of how to file a claim.

Some state immunity statutes require that the government exercise the same level of care as a private property owner, but many just require “ordinary care” by employees. So if you’ve been injured in Portland, you need to know the premises liability laws of Oregon – no other state laws will apply to your case. Some even differentiate between standards of care based on the type of defect or whether the injured party paid to use the property (like a state-owned campsite, for example).

There are also state requirements regarding written notices and notice of claim, which, if not fulfilled, can be grounds for dismissing a premises liability claim against the state. Each state also has laws governing the amount of damages an injury victim can receive.

Portland Premises Liability Attorney

If you’ve been injured in Oregon on public property, and believe you might have a premises liability claim against a state or federal entity, you should hire Shulman DuBois LLC, Portland premises liability attorneys, to educate you about your rights and guide you through the complicated tort claims process.

Date: November 27, 2009
Location: SR 99E near Gladstone, Oregon
Names: Maria Isabel Cervantes-Gutierrez, Nathan Sheets

Maria Isabel Cervantes-Gutierrez, 60, of Milwaukie, Oregon, was killed November 27, 2009, around 8:20 PM, when she was struck by a van while crossing State Route 99E (McLoughlin Boulevard) near Gladstone. According to The Oregonian, Cervantes-Gutierrez was crossing the street from east to west when she was struck by a Chevrolet Astro van driven by Nathan Sheets, 24, of Milwaukie.
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We posted a new video that may help you as you shop for car insurance. When you buy auto insurance, you’re not just buying it for you, you’re buying it for you, your family, the people who are in the car with you, and the people who are in the other car that might be involved in the crash. Check out this short video and then call your insurance agent right away.
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Date: September 29, 2009
Location: SE 136th Avenue and Stark Street, Portland
Names: Jeffrey Ruppel, Robert King

Alcohol may have been a factor in a head-on collision that seriously injured a member of the film crew for the reality television show COPS, which was filming in Portland. On September 29, 2009, at about 9 PM, a police car driven by East Precinct Officer Jeffrey Ruppel was hit head-on by a vehicle, driven by Robert King, 53, that had veered into the wrong lane. According to The Oregonian, police suspect King of driving under the influence of alcohol, but he had not yet been cited. One of the passengers in the police car sustained serious head injuries; he remained hospitalized as of September 30.
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Date: July 27, 2009
Location: Sweet Home, U.S. 20
Names: Ethel Hopkins, Craig Hopkins, Billy Floyd, Matthew Dizick

Oregonlive.com reported the death of a Sunriver-area 63-year-old woman in an accident that occurred Monday afternoon.

The accident happened near Sweet Home, when a semi driven by Billy Wayne Floyd, 28, of Las Vegas swerved into the eastbound lane on U.S. 20, colliding with a Dodge pick-up truck driven by Craig Scott Hopkins, 66. Driver Billy Wayne Floyd and his passenger Matthew Aaron Dizick, 20, of Cottage Grove were not injured. Craig Hopkins was taken to St. Charles Medical Center and is listed in fair condition. Craig’s passenger and wife, Ethel was pronounced dead at the scene of the accident. Floyd was arrested on charges of second-degree manslaughter. Speculations over whether or not Floyd was speeding have yet to be confirmed.

From the KTVZ.com article it is easy to see that Ethel Hopkins was well-thought of and loved by her community. We are saddened by their and Craig’s loss and hope that through memorimum Ethel can be remembered for the kind, loving woman that she was.

Speeding to shave a few minutes off your trip is not worth the risk of killing another innocent person. Speeding lead to the careless mistake that cost Ethel Hopkins’s life.

The Oregon Transportation Department of Safety reports that in 2008 alone, speed related accidents killed 216 people, that number far exceeds the amount of drunk-driving fatalities in Oregon! But, as always 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.

Here at Shulman DuBois we know 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.

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?