Man Charged with Manslaughter after NE Portland Fatal Crash

Date: February 25, 2015

Location: Northeast Columbia Boulevard

Name: Dale Edward McConachie, Joshua James Vann

Man Charged with Manslaughter after NE Portland Fatal Crash

Wednesday afternoon a two-vehicle crash occurred on Northeast Columbia Boulevard that killed one driver.

Both of the drivers were headed westbound on Columbia Boulevard when a 2002 Toyota Prius swerved and struck a curb before hitting a 1998 Pontiac Grand Am.

The Pontiac driver, Dale Edward McConachie, 55, of Tigard, lost control of his vehicle and crashed into a concrete structure. McConachie was pronounced dead at the scene.

The driver of the Toyota, Joshua James Vann, 25, was under the influence of alcohol at the time of the crash. Vann was taken to Legacy Emanuel Medical Center with critical injuries. He has been charged with first-degree manslaughter and driving under the influence of intoxicants.

We extend our condolences to the family and friends of Dale Edward McConachie.

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 27, 2015, in Automobile Accidents, Car Accidents, Drunk Driving, Oregon Car Accidents, personal injury, Wrongful Death and tagged , , , , , , , , , , . Bookmark the permalink. Leave a comment.

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