Hubbard Oregon Woman Killed Crossing Hwy 99

Date:  January 25, 2012
Location:  Highway 99E and D Street, Hubbard
Names:  Camila Salvador Maximiano, Jesse R. Davis

A Hubbard woman was killed Wednesday evening as she tried to cross Highway 99E. The victim was struck by a van turning left from D Street onto 99E.

The report on KATU.com says that at about 6:20 p.m., a 2008 Chevrolet van being driven by Jesse Davis, 30, from Woodburn, was westbound on D Street in Hubbard. Davis’ van was stopped at a traffic light at the junction of D Street and Highway 99E, and when the light turned green, he attempted to turn left onto 99E. At the same time, Camila Salvador Maximiano, 59, from Hubbard, was in a crosswalk attempting to cross the highway. The Chevrolet van struck Maximiano, according to OSP Sergeant Bob Charpentier. Aurora Fire Department personnel called to the scene, and Maximiano was rushed by LifeFlight to Legacy Emanuel Medical Center in Portland, but she died from her injuries.

We send our heartfelt sympathies to the Maximiano family, and our condolences for their tragic loss.

Wrongful death claims are allowed by law. ORS 30.010-30.100.

The statute of limitations for a wrongful death claim is tricky. It is “three years after the injury causing the death . . . is discovered or reasonably should have been discovered. . . .”  In other words, it’s not three years from the date of death; it’s three years from the date of the original injury that ultimately caused the death. If a person goes into a coma from a car crash, and dies eight months later, the case will have to be brought within three years from the date of the car crash, not from the date of the death.

Compensation available includes charges for medical expenses; memorial and burial services; compensation for the person’s pain, suffering, disability, and loss of income from the time of the injury through the time of death; financial losses to the person’s family or other heirs; compensation for the loss of companionship and services to the person’s spouse, children, stepchildren, stepparents and parents; and punitive damages may sometimes be available as well.

The law caps the amount of noneconomic damages at $500,000. This does not apply to economic damages, which are not capped.

 

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