71-year-old Portland Man Struck and Killed by MAX Train on East Burnside
Date: October 10, 2014
Location: East Burnside Street and 160th Avenue
Name: Joe N. Hill
Joe N. Hill, 71, went on his evening walk about five blocks from his home when he was struck and killed by a MAX light-rail train Friday night near East Burnside Street and 160th Avenue.
Hill was with his sister, Reola Box, 49, earlier that night and he left her home about 20 minutes before he was killed. The train had stopped and her brother’s body was found between the fourth and last car of the train.
The accident took place near a pedestrian crossing designed so people getting ready to cross the tracks have a good view of oncoming trains. The Blue Line train running eastbound typically moves at about 35 mph in that area. The driver of the train was not impaired and is cooperating with the investigation.
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.
Posted on October 13, 2014, in Portland personal injury attorneys and tagged 16oth avenue, east burnside street, joe hill, joe n hill, max light rail, MAX train, pedestrian accident, reola box, wrongful death. Bookmark the permalink. Leave a comment.