Oregon City Teen Dies in Car Crash Injuring 7-year-old Passenger

Date: February 20, 2015

Location: South Redland Road and South Lyons Road

Name: Madison West

Oregon City Teen Dies in Car Crash Injuring 7-year-old Passenger

Friday evening, an Oregon City teen was killed in a head-on crash in the Redland area of Clackamas County.

The collision happened between a Saturn coupe and Hummer H3 near South Redland Road and South Lyons Road. The initial investigation showed the Saturn veered into the oncoming lane hitting the Hummer.

The driver of the Saturn, 18-year-old Madison West, of Oregon City, was extracted from the vehicle and taken to a hospital where she died from her injuries.

A 7-year-old passenger in the Hummer was critically injured and it appears was not wearing a seat belt. The 58-year-old man driving the Hummer was treated an released from a nearby hospital.

We extend our condolences to the family and friends of Madison West and wish everyone else involved 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:

  • 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 February 23, 2015, in Automobile Accidents, Car Accidents, Oregon Car Accidents, personal injury, Wrongful Death and tagged , , , , , , , , , , , . Bookmark the permalink. Leave a comment.

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