Eugene Truck Driver Killed when Deer Crashes through Window

Date: May 19, 2015

Location: Oregon 126

Names: Jesse Bastien, Brian Rooney

Eugene Truck Driver Killed when Deer Crashes through Window

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:

  • 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 May 21, 2015, in Car Accidents, Oregon Car Accidents, personal injury, Wrongful Death and tagged , , , , , , , , , , . Bookmark the permalink. Leave a comment.

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