Fatal 2-Car Crash near Oakridge Kills One, Injures Three

Date: March 28, 2015

Location: Highway 58

Names: Patricia Kuykendall, Charles Kuykendall, Billroy Durham, Tuesday Durham

Fatal 2-Car Crash near Oakridge Kills One, Injures Three

Saturday morning, a two-car crash on Oregon 58 near Oakridge resulted in one dead and three injured.

A gold 1999 Honda Accord was heading west on Oregon 58 when it crossed the center line and collided with a white 2014 Honda Accord heading east.

The gold Accord fell down an embankment and came to a rest near some trees. The driver, Billroy Durham, 36, of Phoenix Arizona, and his wife, Tuesday Durham, 38, were both taken to the hospital with serious injuries.

The driver of the white Accord, Charles Kuykendall, 73, of Gig Harbor, Washington, was also taken to the hospital with minor injuries. His wife, Patricia Kuykendall, 74, was pronounced dead at the scene.

Both of the Kuykendall’s were wearing seat belts and the Durham’s were not.

Billroy Durham is expected to face accusations of first-degree manslaughter, second-degree assault, third-degree assault, reckless driving and drug-related driving under the influence of intoxicants once he is released from the hospital.

We extend our condolences to the family and friends of Patricia Kuykendall and wish Charles Kuykendall and everyone else involved 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:

  • 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 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.

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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 30, 2015, in Portland personal injury attorneys and tagged , , , , , , , , , , , , . Bookmark the permalink. Leave a comment.

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