On May 20 Police was investigating a 2-vehicle fatal wreck on Territorial Highway and High Pass Road near Junction City. Chevy Cavalier, driver Russell Nickerson, 81, from Eugene was going westbound on High Pass Road when he did not stop at the intersection. He was hit by a Ford van, driver Cary Ramsay, 55, also from Eugene. Nickerson had fatal injuries and died at the scene. Ramsay was taken to a local hospital with serious injuries.
Some of the most dangerous and deadly crashes occur at intersections when one driver fails to stop or yield right of way. This can lead to a high speed, t-bone collision that can cause serious or fatal injuries. In the above case, the elderly driver for some reason failed to stop. Sometimes elderly drivers have poorer vision or attention to the road than they once did, and these types of tragic crashes happen.
A failure to yield or stop accident such as this one means the injured driver may be able to file a complaint for compensatory damages in Oregon, even if the other driver is deceased. The damages that he can sue for can be both economic and noneconomic. These may include medical costs, lost wages, out of pocket expenses, vocational rehabilitation, disfigurement, and pain and suffering. The spouse of the injured man also may have a valid claim for loss of consortium.
If you think the other driver did not yield right of way in an accident, if possible, you should take photographs of the damage to your car, damage to the other car and your injuries. Also, collect contact information of witnesses to the crash and give that information to your auto insurance company and your lawyer.
After the crash, the other party’s insurance company may call and want a statement from you. It is generally inadvisable to talk to the other driver’s insurance company without an attorney representing you. Also remember, even if the other driver is deceased, you still can collect damages from their insurance policy. If the other driver did not have enough insurance coverage, your underinsured insurance policy may be able to provide coverage.
If you or a loved one have been in a serious car accident at an intersection, you could be left with head injuries, broken bones, internal injuries, and untold pain and suffering. Plus, you may have thousands of dollars in medical bills you cannot pay, lost earnings, and many out of pocket expenses. Who will pay? If it can be proven the other driver was negligent, you could have a successful personal injury lawsuit. Herron Law Office is experienced in holding negligent drivers responsible who injure others in car accidents at intersections. Please contact our law offices today for a Free Consultation.
5285 Meadows Road, Suite 204, Lake Oswego, Oregon