Van Hits Two Pedestrians; Four Injured

Date: March 26, 2010
Location: SE 162nd & Stark, Portland, Oregon
Names: Tyson Fosdick, Donavan Fleming, Guiltor Jocelyn, [Unknown]

Driver impairment may have been a factor in a SE Portland crash that injured four people, according to the Outlook.

A chain reaction began when Tyson Fosdick, 31, was driving a van on SE Stark Street heading toward 162nd Avenue, around 4:15 PM. While maneuvering between two motorists, his car clipped the side mirror of a stopped truck.

The van then drove up onto the sidewalk and hit a power pole, then struck a 17-year-old girl. The girl was with her 6-year-old cousin, but the 17-year-old shoved the child out of the path of the van.

The van kept moving until it crashed into another pole and came to a stop. However, a ladder attached to the van flew off the vehicle and hit a second pedestrian, Guiltor Jocelyn, 59.

Fosdick was injured in the crash. As of March 30, he was still in the hospital. Both pedestrians received serious but non-life-threatening injuries. Also injured in this accident was the vehicle’s passenger, Donavan Fleming, of unknown age.

The Portland Police are investigating the incident, including the possibility that the driver was intoxicated.

We would like to send our thoughts and wishes to all injured in this accident, but our hearts go out especially to the 17-year-old girl who pushed her cousin out of harm’s way. Your quick thinking and selflessness should be commended, and we pray that your goodness returns 100-fold. You are a hero, and we know your cousin will be forever indebted to you. We wish you a full and fast recovery. Please take care of yourself, as you took care or her.

In the wake of a tragedy like this, each person must deal with it in whatever way works best for them. We would never try to talk someone into taking legal action. It is an individual decision that can only be made by the family. But when a drunk driver causes an injury accident in Oregon, there is a possibility of suing the person or bar who served the alcohol. This must be done correctly, and quickly. There are strict time limits for filing a lawsuit in Oregon, and where alcohol is involved, the limits get even stricter. A Dram Shop Notice must be sent to the server within 180 days of the incident, pursuant to ORS 471.565.

Our law firm does not take frivolous lawsuits, but drunk driving is an offense, morally, ethically, and legally. And we believe drunk drivers should not only pay for their carelessness, but that their cases should set an example for others. No more lives should be jeopardized for such a despicable and needless act. We all know the dangers of drunk driving; no more lives should be lost.

We encourage people to educate themselves on the law of drunk driving in Oregon, and we provide free information to help you settle your lawsuit without an attorney. But when a drunk driver is involved, the law becomes very tricky, and you should contact an experienced Oregon injury attorney.