Date: January 4, 2011
Location: Southeast 82nd Ave at Otty Road, Portland, OR
Names: Chastity Ann Banks, Sarah E. Guenther, Craig H. Dunlap
In updated news releases, Oregon State Police are now reporting that two separate vehicles ran over a woman who was crossing the street in a marked crosswalk recently.
The woman was identified as Chastity Ann Banks, age 27, who was crossing in a crosswalk at Southeast 82nd Avenue at Otty Road at about 3pm on Monday January 3. A 2004 Kia driven by Sarah E. Guenther, age 19 of Happy Valley, was the first vehicle to strike Banks as Guenther was making a left turn from Otty onto 82nd Avenue. A Ford F-150 pickup truck driven by Craig H. Dunlap, age 48 of Happy Valley, was also making a left turn behind Guenther and tried to pass to the right of Guenther, who had stopped because she had already struck Banks. Dunlap also struck and ran over Banks.
Portland news sources reported that eyewitnesses in a nearby vehicle saw Guenther putting on what appeared to be lip balm at the intersection a few seconds before the crash.
Banks was last reported in critical condition at Oregon Health and Science University Hospital for injuries sustained in the Oregon pedestrian accident. Banks, previously of Atlanta, Georgia, lives in the Portland area.
Our thoughts are with Chastity Banks and her family, and we hope that she will have a complete recovery from her injuries.
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 a pedestrian darts out unexpectedly into an intersection, the law may take the driver’s side. 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.
In this instance, eyewitnesses stated that they saw Guenther, perhaps, distracted seconds before the crash. And Dunlap hit Banks a second time as he tried to drive past Guenther’s stopped vehicle. All cases are different, of course, so contact a knowledgeable lawyer if you have any questions about your case.