High-Speed Crash Leaves Teen Dead, Two Injured near Jefferson

 Date: June 9, 2013
Location: Valley View Road Southeast near Duck Flat Road, Jefferson
Names: Nicolas J. Jolly, Juan Barrera, Douglass Curtiss

One teen died and two others were injured in a high-speed crash on Valley View Road, Jefferson, on Saturday.

The crash occurred before 9pm on June 9, when three 19-year-old men went on a joyride at high speed.

According to reports, Nicolas J Jolly was driving the Honda Civic when he lost control of the car. It left the street and hit a power pole, breaking in half. Police found the two halves of the car 100 feet apart.

All the three teenagers were using safety restraints at the time of the accident but the airbag in the steering wheel was still intact when the police examined the wreckage.

Juan Barrera sustained serious injuries in the crash and was admitted to hospital for continual monitoring. Douglass Curtiss escaped with minor injuries from the crash. Barrera and Curtiss said that the car was travelling at between 90 and 100 miles per hour at the time of the accident.

Family, friends, and neighbors of Jolly left flowers at the accident site. They said that he was not a bad driver and was just looking for fun when the tragedy occurred.

Those living in Valley View Road have said that they have witnessed many accidents on the stretch over the years.

We extend our sympathies to the family and friends of the deceased, and hope the injured men recover completely and quickly.

While many single-car accidents seem uncomplicated, there are sometimes other factors to consider. If you have been injured in a single- car accident, or you have lost a loved one in a fatal accident like the one described here, you may be able to receive compensation in several instances:

  1. If poor road conditions, poor signage, or bad traffic control contributed to the accident, there may be a lawsuit available against the city, county, or state.
  2. If the car’s mechanic was negligent in his last repairs, contributing to the accident, there may be a lawsuit available against the mechanic or his business.
  3. If the car’s manufacturer was negligent, you may be able to file a product liability suit against them. Car manufacturers have often been held accountable for design defects and manufacturing defects, and these lawsuits help ensure that future drivers are not hurt by negligent safety standards.

Oregon wrongful death claims are allowed under ORS 30.010-30.100. But the law is much more complicated than a normal accident case. First of all, the statute of limitations (time limit on filing a claim) is different.  For most car accidents, the SOL is 2 years, but for wrongful death, the SOL 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.

Additionally, there are limits on who can bring a wrongful death claim. The most common claimants are:

  • Spouses
  • Children (including stepchildren)
  • Parents (including stepparents)

Less common claimants include:

  • Grandchildren
  • Siblings
  • Grandparents

In a wrongful death case, you can ask for compensation for several types of damages as well.

Compensatory damages include.

  • Charges for medical services;
  • Charges for burial and memorial services;
  • Compensation that the decedent would have been entitled to for disability, pain, suffering and loss of income during the period between injury and death;
  • Compensation for “pecuniary loss” to the decedent’s estate;
  • Compensation for the loss of the decedent’s “society, companionship and services” to the decedent’s spouse, children, stepchildren, stepparents, and parents;

Punitive damages are allowed as well, but are rare in Oregon since the State takes 70% of punitive damages awarded. If you have lost a loved one, call a Portland wrongful death attorney for help in securing the compensation you deserve.

Portland Oregon Wrongful Death Attorneys

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About Sean DuBois

Sean is a personal injury attorney in Portland, OR. He has been recognized by Super Lawyers Magazine as Oregon Rising Stars for the past four years because of his dedication to justice and fair compensation for his clients. If you need to speak with a lawyer about your injury case, Sean can be reached at 503-222-4411.

Posted on June 18, 2013, in Car Accidents, Portland personal injury attorneys, speeding, Wrongful Death and tagged , , . Bookmark the permalink. Leave a comment.

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