Two Men Dead After One Tried to Pass a Truck on Hwy 97
Date: August 30, 2013
Location: Highway 97, near milepost 200, near Chemult
Names: Kenneth Frazier, Earl Johnson, Joanne Johnson
The accident occurred when the 1989 Jeep pickup being driven by Kenneth Frazier, 44, tried to pass a commercial vehicle on highway 97. Earl Johnson, 73, driving a 2005 Chrysler van, tried to avoid the Jeep but the vehicles crashed on the northbound shoulder.
Both Frazier and Johnson were declared dead on the scene. Joanne Johnson, 71, a passenger in the Chrysler was critically injured and airlifted to Saint Charles Medical Center in Bend.
Police said all occupants were wearing seatbelts and alcohol does not appear to be a factor in the crash.
We extend our sympathies to the family and friends of the deceased men and hope the injured recover quickly and completely.
In these cases the grief of losing a loved one is deepened by the knowledge that their death may have been due to someone else’s negligence. While it is a small consolation, it is possible to file a wrongful death claim under ORS 30.010-30.1000.
The Oregon statute outlines who is entitled to compensation. Spouses, children, and parents are the most common claimants, but under some circumstances, grandchildren, siblings, and grandparents may be able to bring a wrongful death claim as well. A Personal Representative, usually chosen by the family and approved by a judge, must bring the lawsuit for these beneficiaries.
It is important to note that the time limits for filing a wrongful death claims are very complicated and depend entirely on the circumstances. Your time limit (statute of limitations) may be as little as one year, so preserving evidence and seeking legal help in a timely manner can be extremely important to the case.
If you need to speak with a Portland wrongful death attorney, most offer free consultations. Many will also help you investigate the accident for free until you decide what to do about representation. Let them help you navigate this legal process, so that you can grieve without jeopardizing your rights.
If you are looking for more information about wrongful death claims, please order our free guide, Oregon Wrongful Deaths: A Family Guide to the Civil Justice System After the Death of a Loved One.