Double-fatal Crash on Oregon 99E Results in Two Dead
Date: January 12, 2015
Location: Oregon 99E near Canby
Name: Meghan Callahan
A head-on crash occurred Monday, resulting in the death of a woman and a 9-year-old girl.
A 2000 Hyundai was heading south when for an unknown reason it crossed the center line into oncoming traffic. The vehicle collided with a commercial truck hauling a steamroller on a flat-bed trailer.
The driver of the Hyundai, Meghan Callahan, 31, of Milwaukie, died at the scene. Her 9-year-old passenger was taken to OHSU and died that afternoon. The driver of the truck was not injured.
We extend our condolences to the family and friends of Meghan Callahan and the girl.
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 January 14, 2015, in Automobile Accidents, Car Accidents, Oregon Car Accidents, Wrongful Death and tagged canby, car accident, car crash, double-fatal, fatal crash, head-on collision, highway 99, meghan callahan, milwaukie, oregon 99e, wrongful death. Bookmark the permalink. Leave a comment.