Pedestrian Killed in Crash in Hillsboro
Date: March 1, 2015
Location: Southwest Tualatin Valley Highway
Name: Beatriz Rivera
Early Sunday morning a 51-year-old man died when a car struck him on Southwest Tualatin Valley Highway in Hillsboro.
A man was found lying in the middle of the highway around 1:30am near the intersection with Southwest Cornelius Pass Road.
The pedestrian died at the scene with fatal injuries.
The driver of the black 2008 Chevrolet Impala, Beatriz Rivera, 29, of Issaquah, Washington, was arrested on an unrelated misdemeanor warrant.
Investigators are still determining the cause of the crash.
We extend our condolences to the family and friends of the dead man.
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 March 3, 2015, in Pedestrian Accidents, Wrongful Death and tagged beatriz Rivera, Hillsboro, pedestrian crash, pedestrian death, southwest cornelius pass road, southwest tualatin valley highway, tv highway, wrongful death. Bookmark the permalink. Leave a comment.