Driver Charged With Negligent Homicide for 2012 Crash
Date: October 25, 2012.
Location: East of Eddyville on Highway 20. Milepost 24.
Names: Daniel Loper, April Sherri Loper, Wallace M. Beaver.
In 2012, Toledo-based father and daughter Daniel and April Loper died at the scene of a head-on collision that took place on Highway 20 with a vehicle that swerved onto the wrong side of the center line.
46 year old, Wallace M. Beaver from Albany, has been charged with double negligent homicide charges after his driving resulted in the instant death of two passengers traveling in a 2008 Chevrolet Aveo.
Beaver’s 2001 Dodge Dakota was traveling west on Highway 20 when he tried to make a right curve and went across the center line. This is when the eastbound Aveo driven by Daniel Loper came directly into the path of the Dodge. The resulting impact brought both the cars to a rest on the shoulder of the highway.
While Beaver was injured as well, the driver and front passenger of the Aveo died on the spot. In the back, April Loper’s two-month old son was found strapped in a safety seat and hadn’t sustained any major injuries. This was the first major accident to take place on this curve that has been in place since 2009.
Our condolences go out to the relatives of the Loper family.
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:
- Children (including stepchildren)
- Parents (including stepparents)
Less common claimants include:
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.