Woman Killed in Wrong-way I-5 Crash near Woodburn
Date: November 25, 2014
Location: Interstate 5 near Woodburn
Name: Deana DeLeon, Audrey Bliven & Juan Ledesma
Early Tuesday morning around 2:50 am a vehicle was traveling the wrong way in the southbound lanes of I-5.
A 2003 Volkswagen Jetta traveling the wrong way slammed head-on into a BMW 320. The front passenger of the BMW, Deana DeLeon, 49, died at the scene. The driver, Juan Ledesma and a girl in the backseat were injured and taken to the hospital.
The driver of the Volkswagen, Audrey Bliven, 49, was take the hospital for treatment and then arrested once she was released.
Bliven is facing second-degree manslaughter, criminally negligent homicide, DUII, reckless endangerment and reckless driving.
We extend our condolences to the family and friends of the Deana DeLeon and wish everyone else involved 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:
- 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 November 26, 2014, in Car Accidents, Drunk Driving, Oregon Car Accidents, personal injury, Wrongful Death and tagged audrey bliven, deana deleon, DUII, I-5, interstate 5, juan ledesma, Personal Injury, personal injury attorney, personal injury lawyer, reckless driving, woodburn, wrong way driver, wrongful death. Bookmark the permalink. Leave a comment.