Two-and-a-half-year-old Dylan Royle Ayer was killed Monday in a tragic Corvallis truck collision. KEZI News reports that the toddler was being pushed by his mother in a jogging stroller across Highway 99. A tractor-trailer reportedly stopped at the intersection of Old Highway 34, then tried to turn from 34 onto 99. Witnesses said that the semi then struck the stroller. The cause of the truck collision is undetermined at this time, and an Oregon State Police investigation is ongoing.
It is important to determine whether there has been negligence or misconduct in any catastrophic injury case. Persons or entities besides the drivers or pedestrians involved may have responsibility, and others may be at risk. A dangerous condition on the roadway, for example, may have caused or contributed to the incident. If so, then the city or state agency responsible for maintaining that roadway may be held liable. Any such claim against an Oregon state agency must be properly filed within 180 days of the injury. An Oregon personal injury lawyer can assist injured people and families in determining whether it may be possible to correct errors and prevent future harms, as well as recover compensation for lives lost to negligence or misconduct.
Oregon law requires a motor vehicle operator to at all times be aware of and exercise due care with respect to pedestrians on or about the roadway. ORS 811.005. At an intersection like the one involved here, which appears to have traffic signals in place, drivers must stop and remain stopped for pedestrians when the pedestrians are proceeding in accordance with a traffic control device or crossing the roadway in a crosswalk. A driver must also stop for a pedestrian in the driver’s lane of travel, in an adjacent lane, or within six feet of a lane into which the driver’s vehicle is turning. ORS 811.028.
If negligence or misconduct occurred, then families of deceased car accident victims have the right to file what is known as a wrongful death claim seeking compensation for medical expenses, burial expenses, loss of earning capacity, and mental suffering. If you have questions about Oregon personal injury law or need legal assistance, please contact us at (503) 975-8298 or online. Portland personal injury attorney Dane E. Johnson offers a case evaluation without charge or obligation.
Related Web Resources
Cathy Ingalls, Friends Rally to Family’s Side After Fatal Accident, Albany Democrat-Herald, Feb. 2, 2010.
Toddler Killed While Crossing Highway 99, KEZI.com, Feb. 1, 2010.
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