One Dead in Fatal Crash on Highway 38 near Drain
Date: June 11, 2015
Location: Highway 38
Names: Louis J. Chavez, Robert M. Rookland
Early Thursday morning a two-vehicle crash resulted in the death of one driver on Highway 38 west of Drain.
A 2010 Chrysler 300 was traveling east on Highway 38 when it drifted across the center lane and into the path of a 2000 Kenworth log truck. The Chrysler left the roadway and came to a rest down a small embankment.
Louis J. Chavez, 68, of Cressey, CA, was driving the Chrysler and was pronounced dead at the scene.
The truck driver, Robert M. Rookland, 57, of Dexter, was uninjured in the crash.
We extend our condolences to the family and friends of Louis J. Chavez.
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 June 12, 2015, in Automobile Accidents, Car Accidents, Oregon Car Accidents, Wrongful Death and tagged car accident, car crash, drain, fatal crash, head-on collision, Highway 38, Louis J. Chavez, Robert M. Rookland, wrongful death. Bookmark the permalink. Leave a comment.