Five Hurt, One Girl Killed and Stepfather Arrested for DUII

Date: September 26, 2014

Location: Highway 97 between Bend & Redmond

Name: William Wayne Fix

Five Hurt, One Girl Killed and Stepfather Arrested for DUII

Hwy-97-crash

Friday evening around 7pm, a white 1997 Chevrolet Suburban was recklessly driving on Highway 97 between Bend and Redmond when the driver lost control. The SUV crashed into a rock embankment and rolled onto its side.

The driver, 32-year-old William Wayne Fix of Redmond, was arrested on charges including DUII, manslaughter and reckless driving.

His stepdaughter, Phoenix Marie Price 7, died at the scene and Naomi Spansel, 14 and Olivia Jeanes, 10, were critically injured and airlifted to Portland hospitals. Valon Fix, 14 was taken to a Bend hospital with serious injuries and Izzabella Robbins, 7, was taken to a Redmond hospital with minor injuries.

Fix was taken to a Bend hospital and then taken to the Deschutes County Jail.

We extend our deepest sympathies to the family and friends of Phoenix Marie Price and wish the rest of the girls a full and speedy recovery.

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.

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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 September 29, 2014, in Automobile Accidents, Car Accidents, Drunk Driving, Injuries to Children and Minors, Oregon Car Accidents, Oregon Personal Injury Attorney, Portland personal injury attorneys, Wrongful Death and tagged , , , , , , , , , , , , , , , . Bookmark the permalink. Leave a comment.

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