The Curry Coastal Pilot newspaper reported that Barcus Ronald Twombley, age 40 of Eureka, California, died after he was struck by a sport utility vehicle while crossing Highway 101 near Sunshine Cove Lane in Harbor, Oregon.
Oregon State Police think that Twombley was a transient with no known address. He died at the scene.
Evan Linder of Eureka, Twombley’s brother-in-law, said that Twombley was living at a Brookings-Harbor Area shelter. Linder said that Twombley had moved to Oregon to start his life over, and that he had two children in Pittsburg, Kansas where most of his family lives.
Police reports state that at about 5:50pm Twombley was trying to cross Highway 101 at an unlit section where there is no crosswalk. William C. Schlichting, age 50 of Harbor, told police that by the time he saw Twombley in the road he couldn’t stop in time to avoid hitting him. Schlichting was not injured. Authorities do not think that alcohol or drugs were factors in the fatal Oregon pedestrian accident.
We send our thoughts and prayers to Mr. Twombley’s family and friends, especially his children who have lost their father. We will also keep Mr. Schlichting in our thoughts as he recovers from this traumatizing incident.
The law usually comes down on the side of the pedestrian in an accident, especially one where the pedestrian dies. However, just like everything in the law, there are exceptions. If the pedestrian was wearing dark clothes, and it was dark, the driver can sometimes be cleared of blame. Or if a pedestrian darts out unexpectedly into the road, 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 may be able to get a legal settlement. All cases are different, of course, so contact a knowledgeable Oregon injury lawyer if you have any questions about your case.