McMinnville Teens Struck in Crosswalk
Date: December 11, 2009
Location: SW Agee St., McMinnville, Oregon
Names: Jesus Anibal Arriaga, Dylan Arthur Granger, Scott Lee Albert
Two teenage boys were hit by a car as they walked across SW Agee Street in McMinnville, Oregon, around 7:50 AM on December 11, 2009, according to a McMinnville Police Department press release.
Jesus Anibal Arriaga, 14, of McMinnville, was seriously injured in the crash. He was initially taken to Willamette Valley Medical Center, but was transferred to Legacy Emanuel Medical Center’s trauma center in Portland for further treatment.
The other pedestrian, Dylan Arthur Granger, 14, also of McMinnville, was unhurt in the accident.
NewsRegister.com reported that Scott Lee Albert, of McMinnville, was turning onto SW Agee Street in a 1981 Chevrolet Blazer. His car hit the two boys, both of whom were in the crosswalk.
Albert stopped immediately and was cooperating fully with the investigation, police said. Police were still investigating as of December 11, and no citations had been issued.
Anyone with information on the crash is asked to call Officer Steve Macartney, at (503) 434-7307, or Sgt. Tim Symons, at (503) 435-5614.
We send our prayers and thoughts to Arriaga and his family. It can be so hard to recover from a serious injury after a crash, and we hope he mends quickly and is home soon. We will be thinking of you.
If 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 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. All cases are different, of course, so contact a knowledgeable lawyer if you have questions about your case.
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.