Drunk Hit-and-Run Driver Injures Two

Date: March 9, 2010
Location: I-205 near West Linn, Oregon
Names: Mark Kay, Elsa Kay, James Williams Tomlinson IV

Mark and Elsa Kay were injured March 9, 2010, by a speeding, drunk driver on I-205 near West Linn, Oregon, who then left the scene of the accident, according to the Oregon State Police.

James Williams Tomlinson IV, 30, of Southeast Portland had been spotted driving at a high rate of speed, weaving in and out of traffic, and driving on the median and the shoulder, coming close to crashing several times.

Around 4 PM, Tomlinson’s car hit the left rear side of the car driven by Mark Kay, 60, of Wilsonville. The car crash in Southeast Portland caused Kay’s vehicle to go out of control and airborne before coming to a rest on its side.

Tomlinson left the scene of the Oregon drunk driving injury car accident, and drove for about half a mile until crash-related damage to the car forced him to stop. Police caught up with Tomlinson and detained him for leaving the scene of an auto accident.

Kay and his wife, Elsa, 67, managed to crawl out of their overturned car. They were taken by ambulance to Legacy Meridian Park Medical Center with non-life-threatening injuries.

After a brief investigation, police arrested Tomlinson for DUI, causing a hit-and-run injury crash, and two counts of assault in the fourth degree. Tomlinson was taken to Clackamas County Jail.

We send our thoughts and prayers to Mark and Elsa Kay for a full recovery. Please know that our thoughts will be with you as you recover from this needless accident.

Hit-and-run is a serious crime and a violation of Oregon Vehicle Code 811.705. Conviction will result in your driving privileges being suspended or revoked. According to the Oregon DMV, in any auto accident, you have the following obligations:

  • Stop at once and do so in the safest manner possible. If anyone is killed or unconscious, you must stay at the scene until a police officer arrives.
  • Render aid. Do not move an injured person carelessly, but give reasonable aid.
  • Exchange information with the other driver. Give them your name, address, driver’s license number, license plate number, and insurance information. DMV offers a printable checklist you can download and keep in your car.
  • Report the accident to DMV.

We implore drivers in any accident situation to put the safety and welfare of others above their own interests, and always, always remain at the scene and make sure no one is hurt.

The hit-and-run driver must be held civilly and criminally responsible for his actions. So must the driver who chooses to drive drunk. And the Kays may be well advised to contact a personal injury attorney with experience in hit-and-run crashes, as well as drunk-driving crashes, who will fight for the justice and compensation that they deserve.

At Shulman DuBois, we believe that what happened in this crash is simply unacceptable; we are committed to making sure that hit-and-run drivers are held accountable for their actions and that both victims and families receive the compensation they deserve.