Pedestrian Dies in Clark County Crash
Date: February 7, 2015
Location: Northeast Highway 99 at 102nd Street
Saturday evening, a pickup truck struck and killed a pedestrian in Clark County.
The pedestrian was crossing Northeast Highway 99 at 102nd Street when he was struck by a truck driving south on the highway.
The driver, 20, remained at the scene and it seems drugs or alcohol were not factors in the crash. The area where the crash occurred was dark and it was heavily raining at the time.
We extend our condolences to the family and friends of the pedestrian.
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 February 10, 2015, in Pedestrian Accidents, Wrongful Death and tagged 102nd street, clark county, Hazel Dell, northeast highway 99, pedestrian accident, pedestrian death, rainy conditions, wrongful death. Bookmark the permalink. Leave a comment.