Pedestrian Struck and Killed by Vehicle near Vancouver Mall

Date: December 8, 2014

Location: Vancouver Mall Drive

Names: Anita Walters & Matthew Saeed Purifoy

Pedestrian Struck and Killed by Vehicle near Vancouver Mall

Monday morning a woman was hit and killed by a vehicle near Vancouver Mall.

The driver, 33-year-old Matthew Saeed Purifoy, did not stop but instead crashed his maroon Chevrolet nearby and was arrested.

911 calls were reported on a vehicle driving erratically on Interstate 205. The car struck another vehicle on I-205 earlier, left the road temporarily, then took the State Route 500 exit. The driver continued on Northeast Andersen Road where the pedestrian, 57-year-old Anita Walters, was struck and killed near the intersection with Vancouver Mall Drive.

The car continued driving until it crashed into a retaining wall near Northeast 58^th Street.

The driver was injured and taken to a hospital nearby. The investigation continues but Police believe he may have been impaired.

We extend our condolences to the family and friends of Anita Walters.

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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