Man Killed in Two-Car Collision on Hwy 30, in Scappoose, Oregon

Date: June 18, 2013
Location: Highway 30, Scappoose
Names: Wayne Harvey McCormick, Mark Alan Thomas

Wayne Harvey McCormick, 65, from Scappoose, died following a two-car collision on June 18, 2013 on Highway 30.

Around 12:30 am on Tuesday, Mark Alan Thomas, 39, from Oregon City, was operating a Mazda sport utility vehicle on Highway 30 in the westbound lane. Near milepost 16, the Mazda crossed the centerline for unknown reasons and collided into the side of a Buick Century driven by Wayne Harvey McCormick. Both vehicles stopped several hundred feet apart and were partially blocking the highway.

First responders arrived to find that McCormick had died at the scene. Thomas suffered non-life threatening injuries and was transported via LifeFlight to Legacy Emmanuel Medical Center in Portland. His condition was serious.

Police report that both drivers were wearing seatbelts and the airbags in both vehicles deployed. Portions of Highway 30 had to be closed for several hours while police cleared the scene. At this time, the investigation into the accident is ongoing and it is not known why the vehicle Thomas was driving crossed the center line.

We would like to extend our best wishes for a full recovery to Mark Alan Thomas. In addition, our deepest condolences go out to the family and friends of the man killed in this collision, Wayne Harvey McCormick. We are very sorry for your loss.

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 27, 2013, in Portland personal injury attorneys, Wrongful Death and tagged , . Bookmark the permalink. Leave a comment.

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