Head-on Crash Kills One on Highway 22
Date: March 15, 2015
Location: Highway 22
Name: Carol Davis, Joshua Deeds, Orsene Davis
Sunday afternoon at least one person died and two more are in serious condition after a head-on crash that occurred on Highway 22.
A green 1995 Plymouth Neon was heading west on Highway 22 near Red Prairie Road when it attempted to pass another car. The Plymouth collided head-on with a gray, 2004 Chevrolet Venture heading east.
The passenger of the Venture, Carol Davis, 70, of Salem, was pronounced dead at the scene.
The driver of the Neon, Joshua Deeds, 19, of Otis, and the Venture driver, Orsene Davis, 73, of Salem were taken to Salem Hospital with serious injuries.
We extend our condolences to the family and friends of Carol Davis and wish Orsene Davis and Joshua Deeds 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 (SOL)(time limit on filing a claim) is different. For most car accidents, the SOL is two years, but for wrongful death, the SOL is “three years after the injury causing the death . . . is discovered or reasonably should have been discovered. . . .”
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 such as:
- Charges for medical services;
- Charges for burial and memorial services;
- Compensation that the decedent would have been entitled to for disability, pain and 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 20, 2015, in Automobile Accidents, Car Accidents, Oregon Car Accidents, personal injury, Wrongful Death and tagged car accident, car collision, car crash, carol davis, collision, head-on collision, highway 22, Joshua Deeds, orsene davis, otis, Personal Injury, red prairie road, Salem, serious condition, wrongful death. Bookmark the permalink. Leave a comment.