Cloverdale Crash Kills 70-year-old Man
Date: October 23, 2014
Location: Highway 101 north of Cloverdale
Name: Christopher Allen Fitch
About three miles north of Cloverdale on Highway 101 in Tillamook County, a 70-year-old man was killed in a car crash.
A northbound 1997 Ford Ranger pickup crossed the centerline while negotiating a right curve and collided nearly head-on with a southbound 2001 Ford Taurus.
The 70-year-old man driving the Taurus was pronounced dead at the scene.
Christopher Allen Fitch, 21, of Beaverton, was driving the Ranger and received a minor injury. Fitch was on probation from a DUII in Clackamas County and was driving on a suspended license. He was arrested and is held in the Tillamook County Jail on charges of probation violation and reckless driving.
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 24, 2014, in Automobile Accidents, Car Accidents, Oregon Car Accidents, Wrongful Death and tagged car accident, car crash, christopher allen fitch, cloverdale, Highway 101, personal injury lawyer, suspended license, tillamook county, wrongful death. Bookmark the permalink. Leave a comment.