80-year-old Man Killed When Hit By a Truck Along I-84

Date: October 20, 2014

Location: I-84

Names: Melvin J. Mitchell & Mitchell E. Davis

80-year-old Man Killed When Hit By a Truck Along I-84

boardman-i-84-fatal-b-10202014

Monday morning, an 80-year-old man died when he was hit by a commercial truck following a minor accident on I-84 near Boardman.

Mitchell E. Davis, 27, was driving a Ford Mustang when he rear-ended a Ford Explorer around 7:45am.

The Ford Explorer slowed down to approach a slow-moving oversized vehicle when the Mustang rear-ended it.

The passenger in the Mustang, Melvin J. Mitchell, 80, and Davis pulled over and got out of the car to assess any damage. Three approaching trucks were unable to stop and one struck Mitchell and the Mustang.

Mitchell died at the scene and Davis suffered minor injuries.

The driver of the truck that killed Mitchell was a 65-year-old-man from Lincoln, Nebraska. The driver of the Ford Explorer, a 63-year-old man from LaGrande, was unhurt.

We extend our condolences to the family and friends of Melvin J. Mitchell and wish Mitchell E. Davis 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 October 22, 2014, in Automobile Accidents, Wrongful Death and tagged , , , , , , . Bookmark the permalink. Leave a comment.

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