McMinnville Man Killed in 99W Crash

Date: March 5, 2015

Location: Oregon 99W

Names: Matthew B. Childress, Christine A. Schneible, Raul Gutierrez-Torres

McMinnville Man Killed in 99W Crash

Thursday morning a head-on crash in Yamhill County resulted in the death of a McMinnville man.

Around 10am a northbound Ford SUV crossed into the southbound lane and collided with a dump truck near Lafayette on Oregon 99W. The Ford the crossed back into its own lane and rolled into a ditch.

The SUV driver, Matthew B. Childress, 32, of McMinnville, was partially ejected and died at the scene. The passenger in his vehicle, Christine A. Schneible, 32, of McMinnville ,was taken to the hospital with serious injuries.

The dump truck driver, Raul Gutierrez-Torres, 43, of Wood Village was not injured.

Childress was not wearing a seat belt and they are unsure if the other two were wearing one.

We extend our condolences to the family and friends of Matthew B. Childress and wish Christine A. Schneible 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 March 6, 2015, in Car Accidents, Oregon Car Accidents, personal injury, rollovers and tagged , , , , , , , , , , . Bookmark the permalink. Leave a comment.

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