Woman Killed in Crash after Police Pursuit in Marion County
Date: January 26, 2015
Location: Howell Prairie Road
Name: Drake D. Carson
Monday evening a police chase ended in a crash where a woman passenger died and another was injured.
A Mt. Angel police officer attempted to stop a tan 2001 Chevrolet S-10 pickup truck when the driver failed to yield.
The pickup sped away onto Howell Prairie Road and crashed about a mile north of Saratoga Drive. The driver, 17-year-old Drake D. Carson of Salem, fled the scene after the crash.
The front passenger was taken to Salem-area hospital with serious injuries and the rear passenger died at the scene.
We extend our condolences to the family and friends of the dead woman and will the other passenger a full and speedy recovery.
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, Oregon Car Accidents, personal injury, speeding, Wrongful Death and tagged car accident, car crash, drake d. carson, howell prairie road, marion county, mt. angel, Personal Injury, Salem, saratoga drive, wrongful death. Bookmark the permalink. Leave a comment.