Woman Killed in I-5 Crash near Roseburg
Date: March 24, 2015
Location: Interstate 5
Names: Kristi Kelley, Tabitha Cannon
Tuesday afternoon an SUV crashed into a guardrail on Interstate 5 near Roseburg killing the driver and injuring the passenger.
A 2010 Chevy Traverse sped into a guardrail near Del Rio Road and exit 129, went airborne came to a rest 100 yards away.
The driver, Kristi Kelley, 27, of Roseburg, died at Mercy Medical Center. The passenger, Tabitha Cannon, 20, was taken to the hospital with serious injuries.
Kelley was not wearing a seat belt and Cannon was during the crash. Police believe alcohol and drugs may have contributed to the crash.
We extend our condolences to the family and friends of Kristi Kelley and wish Tabitha Cannon 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 26, 2015, in Automobile Accidents, Car Accidents, Drunk Driving, Oregon Car Accidents, personal injury, Wrongful Death and tagged auto death, car accident, car crash, del rio road, driving under the influence, Drunk Driving, DUII, exit 129, I-5, interstate 5, Kristi Kelley, Personal Injury, Roseburg, Tabitha Cannon, wrongful death. Bookmark the permalink. Leave a comment.