Trick-or-treater hurt in Vancouver Crash has Died

Date: October 31, 2014

Location: Northeast 112th Avenue, Vancouver

Names: Cadence L. Boyer, Chelina M. Alsteen, Annie M. Arnold, & Duane C. Abbott

Trick-or-treater hurt in Vancouver Crash has Died

Cadence-Boyer

Two women and two girls where hit by a car while trick-or-treating Friday night and one of the girls died on Sunday.

The driver who hit them was impaired by drugs or alcohol at the time and speed was also a factor.

Cadence L. Boyer, 7, died on Sunday and the 6-year-old and 30-year-old Chelina M. Alsteen were critically injured.

Boyer’s mother, 32-year-old Annie M. Arnold suffered less serious injuries.

Around 8:20pm 47-year-old Duane C. Abbott of Vancouver, was heading northbound on Northeast 112th Avenue when the car jumped the curb and hit the group of trick-or-treaters on the sidewalk near 39th Street. After the car hit the pedestrians, it crashed into a tree.

Abbott had non life-threatening injuries but was in serious condition on Sunday. Abbott was charged on four counts of vehicular assault but now that one of the victims died, his charges will likely change.

We extend our condolences to the family and friends of Cadence L. Boyer and all the others involved in the crash.

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 November 3, 2014, in Drunk Driving, Injuries to Children and Minors, personal injury, Wrongful Death and tagged , , , , , , , , , , . Bookmark the permalink. Leave a comment.

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