Pedestrian Killed in Incident with TriMet Bus
Date: November 27, 2014
Location: SE 82nd Avenue and Causey Avenue
Name: Jason Wihelm
A pedestrian died when he was run over by the rear wheels of a TriMet bus at Southeast 82nd Avenue and Causey Avenue in Portland.
Elias P. French, 60, began striking the side of the bus around 6pm. The man who died was walking his bike when he approached the bus. As the bus pulled away, the man fell to the ground and was run over.
The driver of the bus, 46-year-old Jason Wihelm has made a stop at 82nd and Causey prior to the incident. The investigation continues.
We extend our condolences to the family and friends of the dead man.
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 28, 2014, in Pedestrian Accidents, personal injury, Wrongful Death and tagged bus accident, causey avenue, Clackamas, cyclist accident, elias p. french, jason wilhem, pedestrian accident, Portland, se 82nd ave, se causey ave, southeast 82nd avenue, trimet bus, wrongful death. Bookmark the permalink. Leave a comment.