Woman and Daughter Killed in Collision with Log Truck

Date: April 2, 2015

Location: Eagle Point

Names: Amy Sue Foster, Rebecca Showalter

Woman and Daughter Killed in Collision with Log Truck

A southern Oregon woman and her daughter were killed when their minivan collided head-on with a logging truck in Eagle Point.

The driver, Amy Sue Foster, 34, and daughter Rebecca Showalter, 6, both of Butte Falls, died in the crash. Three other children in the minivan were taken to the hospital.

The minivan crossed the center line on Butte Falls Highway and collided with an oncoming log truck. The log truck driver was not seriously injured.

The same minivan had been reported for driving recklessly just minutes before the crash occurred.

We extend our condolences to the family and friends of Amy Sue Foster and Rebecca Showalter and wish the rest of the children 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 April 3, 2015, in Automobile Accidents, Car Accidents, Injuries to Children and Minors, Oregon Car Accidents, personal injury, Wrongful Death and tagged , , , , , , , , , , , . Bookmark the permalink. Leave a comment.

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