Amtrak Train Hits and Kills Pedestrian in Oregon City
Date: March 24, 2015
Location: South Clackamas River Drive
Tuesday morning a woman died after being hit by an Amtrak Cascades train in Oregon City.
The crash occurred near the crossing at South Clackamas River Drive and Forsythe Road.
The train was headed to Eugene and nobody on board was injured.
Police are investigating why the woman was on the tracks.
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 25, 2015, in Pedestrian Accidents, Train Accidents, Wrongful Death and tagged Amtrak, amtrak cascades train, amtrak train, forsythe road, oregon city, pedestrian accident, pedestrian death, south clackamas road, wrongful death. Bookmark the permalink. Leave a comment.