Semi-truck Involved in Fatal Crash on Interstate 5
Date: January 27, 2015
Location: Interstate 5 in Salem
Name: Vincente Plagcencia
Early Tuesday morning, a silver Lexus is believed to have rear-ended a semi-truck on I-5 in Salem.
As a result of the crash, the Lexus driver, 40-year-old Vincente Plagcencia, died but the police say the semi-truck driver did not stop and may be unaware of the crash.
We extend our condolences to the family and friends of Vincente Plagcencia.
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 28, 2015, in Automobile Accidents, Car Accidents, truck accidents, Wrongful Death and tagged auto death, car crash, collision, I-5, interstate 5, rear-ended, Salem, semi-truck accident, semi-truck crash, Vincente Plagcencia, wrongful death. Bookmark the permalink. Leave a comment.