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Police in Oregon have arrested Daniel Clarence Clarey, a 54-year-old trucker, for the death of another truck driver, 52-year-old Kelly Linhart. The truck accident occurred last Thursday on the Siskiyou Summit. Clarey has been charged with driving under the influence and possession of methamphetamine, as well as negligent homicide.

According to Oregon State Police, Clarey was driving his 1996 Freightliner on Interstate 5 when he struck Linhart, who was standing outside his 2005 Volvo commercial truck while inspecting the vehicle. Witnesses say that Linhart tried to move out of Clarey’s way.

Oregon Truck Accidents
According to the Oregon Department of Transportation:

• 2,009 truckers were involved in truck crashes in the state in 2007.
• At least 13 of these truckers were driving while under the influence of drugs, alcohol, or medication.

Also last week, the ODOT and OSP conducted a trucker safety inspection that found that 10% of the truckers and trucks that were checked at the Klamath Falls entry port on Highway 97 had problems. Of the 342 trucks that were examined over a 2-day period:

• 31 of the trucks had serious safety violations.
• 36 of the drivers committed violations.
• 4 truckers were arrested for driving under the influence.
• 1 truck driver was on the road even though his license was suspended.
• 3 truck drivers were driving even though they were extremely exhausted.

If you or someone you love was seriously injured in an Oregon truck accident, you may be entitled to personal injury compensation. Truck crashes are complicated injury cases to prove, which is why you must speak with an experienced Oregon truck crash lawyer about your case.

Commercial truck companies are equipped to protect their companies and their truck drivers from liability even if they are at fault, so it is important that you work with a personal injury law firm that knows how to protect your right to financial recovery.

Driver in fatal crash faces homicide, drug charges, Mail Tribune, September 27, 2008
POLICE: Truck Driver Was On Meth in Fatal Accident, KTVL.com, September 26, 2008
Related Web Resources:

Oregon Department of Transportation

Oregon State Police

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In Oregon, the woman accused of hitting 18-year-old runner Chelsee Jean Caskey with her motor vehicle during the Hood to Coast Relay on Friday has been charged with driving under the influence of intoxicants. Police arrested 20-year-old Rainier resident Chrystal Marie Meyer on Sunday and took her to Multnomah County Jail. She faces charges of reckless driving, assault, and driving under the influence of drugs.

The motor vehicle accident happened at around 9pm on Friday when Caskey, who was running on the northbound shoulder on Highway 30 close to Rocky Point Road, was struck from behind by a Kia Rio driven by Meyer. Caskey’s head struck the windshield and was on the hood of the car until it rammed through a fence.

Meyer and Caskey were both taken to Legacy Emanuel Hospital. Meyer was treated for minor injuries, while Caskey was admitted to the hospital’s ICU unit in serious condition after sustaining internal injuries, broken ribs, and a broken leg.

Driving under the influence of alcohol or drugs is considered negligent driving. It impairs the motorist’s reflexes and senses, who may not be aware that he or she is speeding, driving in the wrong direction down a one way street, or entering a freeway through an exit. An intoxicated driver may not even realize that he or she has injured or killed another person.

In Oregon, DUII is considered a serious criminal offense. Injury victims are entitled to file an Oregon personal injury claim against the liable party.

Driver accused of hitting Hood to Coast runner arrested for DUI, NWCN.com, August 25, 2008
Driver whose car hit Hood to Coast runner accused of driving under the influence of drugs, DailyAstorian.com
Related Web Resources:
DUII Program, State of Oregon
Hood to Coast Relay–

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The family of a woman who drowned at the Astoria Aquatic Center in June 2007 is expected to settle their wrongful death lawsuit with the Oregon city of Astoria out of court.

Jung Min Kim, 34, was found unconscious at the bottom of the center’s lap pool on June 6, 2007 and died soon after. According to a police report, she may have been underwater for as long as 10 minutes before anyone noticed she was there.

Kim’s husband Joo Dong Park, who had been attending Oregon State University as a graduate school at the time of the accident, filed the Oregon wrongful death lawsuit. The complaint accuses city employees and agents of negligence that it is calling a “substantial factor” in Kim’s death.

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In the Rhododendron community near Mt. Hood, 14 people sustained injuries on Sunday afternoon in an accident along Highway 26. Oregon State Police say the three-vehicle crash happened when a Toyota Tundra pickup truck that was going eastbound merged into the westbound lane. It struck a Chevrolet towing a horse trailer before colliding into a Subaru Legacy wagon.

The driver of the Toyota, Hillsboro resident Qui Nguyen, and passenger Steven Phan sustained serious injuries. They were flown to Emanuel Hospital. Four of the other passengers in the Toyota sustained minor injuries.

The Chevrolet pickup truck driver, 52-year-old Scappoose resident Jeffrey Mapes, and his three passengers were transported to Good Samaritan Hospital. The Subaru’s driver, 25-year-old Portland resident Lawrence Slattery, and his passengers were also driven to local hospitals.

Multi-Vehicle Car Collisions
Motor vehicle accidents involving more than two autos can be challenging cases to investigate in terms of determining cause and liability. In Portland and the other cities of Oregon, an experienced motor vehicle crash lawyer will know how to work with accident reconstructionists to determine who or what caused the accident.

14 injured in multi- car crash along highway 26, Kgw.com, August 10, 2008
Related Web Resources:

Car Accidents Overview, Justia
Oregon DMV

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The estate of Bend man Stephen Brenn is suing orthopedic surgeon Dr. Anthony Hinz for almost $10 million for Brenn’s wrongful death. The lawsuit has gone to trial.

Brenn died in 2006. The complaint accuses Hinz of negligence when he performed elective ankle surgery on Brenn. Brenn died just hours after the procedure.

Brenn’s estate has already reached a settlement agreement with St. Charles Medical Center-Bend. The trial now goes forward to determine whether Hinz and the nurses that gave Brenn pain medication were responsible for his wrongful death.

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In the wake of last year’s mass recalls of 45 million toys and other products due to the potential hazard they could pose to children, both the US Senate and the House of Representatives have approved a bill banning lead and six kinds of phthalates in products made for kids under age 12. The bill mandates that all toys in the United States undergo testing for dangerous chemicals before they are allowed to enter the marketplace—a definite change from the current approach, which allows untested toys to be sold and then later recalled.

Dangers of Lead
Exposure to high levels of lead can lead to serious health issues for kids, including lead poisoning, seizures, learning disabilities, behavioral issues, brain damage, and death. Many kids’ toys were recalled last year because lead levels in their paints were excessively high. Although the Consumer Product Safety Commission made it illegal 30 years ago to use paint with over .06% of lead on toys, most of the toys recalled were made in China.

The bill also increases the Consumer Product Safety Commission’s budget to $118 million in 2010 and $136 million in 2015. The CPSC would also be required to put up a Web site where consumer complaints would be posted.

The Toy Industry Association says the bill will make it easier for manufacturers, who can then follow national guidelines rather than having to look to the different state laws. The measure now goes to President Bush.

Danger of Phthalates
Certain animal tests have indicated that exposure to phthalates may lead to lower testosterone and genetic defects in boys, early puberty in girls, and impaired sperm in men. Phthalates can often be found in baby bottles, rubber ducks, teething rings, and other products for kids.

Not toying around: Congress OKs bill to ban chemicals in some products, USA Today.com, August 2, 2008
Bill targets toy safety, ChicagoTribune.com, July 29, 2008
Related Web Resources:

Phthalates Information Center

Why Is Lead in Toys?, Wnep.com
H.R. 4040 The Consumer Product Safety Modernization Act

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The State of Oregon, two of its employees, and SUV driver Joseph Paul Merris have been named defendants in a wrongful death lawsuit seeking over $3.4 million in financial compensation. Delno Williams, the father of 18-year-old psychiatric patient Heather Williams, filed the lawsuit in Umatilla County Circuit Court.

Heather died last December after she jumped out of a moving Department of Human Services van on Interstate 84 close to Milepost 205. She was then struck by an SUV driven by Merris. Heather died of her motor vehicle accident-related injuries.

According to the wrongful death complaint, the state of Oregon, the Department of Human Services, and Blue Mountain Recovery Center employees Renee Avenson and John L. Jones were negligent because they did not put Heather in a vehicle with a cage so she couldn’t jump out. The suit also alleges the failure to train and instruct employees correctly so they would have acted preemptively to prevent Heather from getting out of the van. According to an internal report, this was not the first time that Heather had tried jumping out of a moving vehicle, and center workers had been warned to transport her in vehicles with child-proof locks and a cage.

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