Fatal Traffic Crash on Highway 101 in Tillamook County
Date: April 1, 2015
Location: Highway 101
Name: David Kyte
Wednesday morning a single vehicle crash occurred on Highway 101 near milepost 100.5 in Tillamook County.
A silver Pontiac Sunfire was headed north, near Cascade Head, when the vehicle hit the guardrail and rolled onto the road.
The driver, David Kyte, 57, of Lincoln City, was pronounced dead at the scene.
The cause of the crash is unknown but heavy rain and speed may be contributing factors.
We extend our condolences to the family and friends of David Kyte.
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 April 1, 2015, in Automobile Accidents, Car Accidents, Oregon Car Accidents, Wrongful Death and tagged car accident, car crash, cascade head, david kyte, Highway 101, lincoln city, single-vehicle crash, tillamook county, U.S. 101, wrongful death. Bookmark the permalink. Leave a comment.