Man Dies when Tree Falls on Car on the Historic Columbia River Highway
Date: June 28, 2015
Location: Historic Columbia River Highway
Names: Jorge Figueroa Roman, Rosalba Ortega, Rosa Ortega
On Sunday a man was killed when a tree fell on his car while driving on the Historic Columbia River Highway east of Latourell Falls near Corbett.
A 2001 Saturn sedan was heading east on the highway when a branch from a tree falling from a hillside to the east of the highway fell on the driver’s side of the car. The car traveled about 500 feet before stopping on an embankment.
The driver, Jorge Figueroa Roman, 27, of Covington, Washington, died at the scene of the crash.
Passengers Rosalba Ortega, 57, and Rosa Ortega, 20, both of Vancouver, were taken to the hospital for treatment of injuries. A 1-year-old passenger in a car seat was not injured in the crash.
We extend our condolences to the family and friends of Jorge Figueroa Roman and wish everyone else involved 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:
- 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 July 2, 2015, in personal injury, Wrongful Death and tagged car accident, Corbett, Historic Columbia River Highway, Jorge Figueroa Roman, Latourell Falls, Personal Injury, Rosa Ortega, Rosalba Ortega, tree fallen, tree falls on car, wrongful death. Bookmark the permalink. Leave a comment.