Eugene Truck Driver Killed when Deer Crashes through Window
Date: May 19, 2015
Location: Oregon 126
Names: Jesse Bastien, Brian Rooney
Tuesday morning a car struck a deer that went through a truck behind its windshield on Oregon 126.
The truck driver, Jesse Bastien, 37, was taken to Sacred Heart River Bend Hospital for neck and head trauma where he was declared deceased.
The car driven by Brian Rooney, 54, of Veneta, hit the deer that was in the road causing it go through Bastien’s windshield and slam into him.
We extend our condolences to the family and friends of Jesse Bastien.
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 May 21, 2015, in Car Accidents, Oregon Car Accidents, personal injury, Wrongful Death and tagged Brian Rooney, car accident, car crash, deer accident, Eugene, head and neck trauma, Jesse Bastien, Oregon 126, Personal Injury, veneta, wrongful death. Bookmark the permalink. Leave a comment.