Pedestrian Killed in Incident with TriMet Bus

Date: November 27, 2014

Location: SE 82nd Avenue and Causey Avenue

Name: Jason Wihelm

Pedestrian Killed in Incident with TriMet Bus

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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:

  • 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 28, 2014, in Pedestrian Accidents, personal injury, Wrongful Death and tagged , , , , , , , , , , , , . Bookmark the permalink. Leave a comment.

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