Fatal Pedestrian Crash in Klamath County

Date: December 25, 2014

Location: Highway 66 in Klamath County

Names: John Pisan and Jeffery T. Wood

Fatal Pedestrian Crash in Klamath County

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A fatal vehicle-pedestrian crash occurred on Highway 66 near milepost 57 in Klamath County.

A white 2000 Ford Ranger was stopped partially on the roadway in the westbound lane as the driver was outside of the vehicle for an unknown reason.

A green, 1976 GMC Sierra pickup was driving westbound on Highway 66 and hit both the driver outside his vehicle and the Ford Ranger.

John Pisan, 89, of Klamath Falls, was the driver outside of the Ford Ranger and was pronounced dead at the scene.

The driver of the GMC, Jeffery T. Wood, 53, of Klamath Falls, was not injured and reported not seeing the man or Ranger due to sunny conditions.

We extend our condolences to the family and friends of John Pisan.

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 December 26, 2014, in Car Accidents, Oregon Car Accidents, Pedestrian Accidents, Wrongful Death and tagged , , , , , , , . Bookmark the permalink. Leave a comment.

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