Carlton Motorcyclist Dies in Crash near Forest Grove
Date: April 18, 2015
Location: Highway 47
Name: Charlene Marvin
Saturday morning a woman was killed when her motorcycle was hit by a car at the intersection of Highway 47 and Southwest Old Highway 47 between Forest Grove and Gaston.
The motorcyclist, Charlene Marvin, 64, was transported to a local hospital and later died of her injuries.
Marvin was driving a 2006 Harley Davidson three-wheeled motorcycle south on Highway 47 when a 2014 Mazda 3 pulled onto the highway headed north. The 51-year-old Mazda driver, a woman from Gaston, did not see the motorcycle and struck it in the side.
The motorcycle threw Marvin off as it spun and crashed.
We extend our condolences to the family and friends of Charlene Marvin.
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 24, 2015, in Motorcycle Accident, personal injury, Wrongful Death and tagged Carlton, Charlene Marvin, collision, Forest grove, gaston, highway 47, motorcycle accident, Motorcycle Crash, motorcycle death, Personal Injury, Southwest Old Highway 47, wrongful death. Bookmark the permalink. Leave a comment.