Drivers Die and Baby Hurt in Highway 34 Head-on Crash

Date: April 3, 2015

Location: Oregon 34

Names: Joseph Atterbury, Mary Welch

Drivers Die and Baby Hurt in Highway 34 Head-on Crash

Friday afternoon a crash on Highway 34 left two dead and a 15-month-old baby injured.

A Scion was headed east near Columbus Street when it crossed the center line and collided head-on with a PT Cruiser.

The driver of the Scion Joseph Atterbury, 24, of Rosebury, and the driver of the PT Cruiser, Mary Welch, 70, of Lebanon both died at the scene.

The 15-month-old in the back seat of Atterbury’s car was seriously injured and taken to the hospital. The baby is expected to recover.

we extend our condolences to the family and friends of Joseph Atterbury and Mary Welch.  We wish the baby 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 6, 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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