Salem Crash Kills Pedestrians, Injures another and their Dog
Date: August 6, 2015
Location: Pine Street and Maple Street, Salem
Names: Delbert Gossen
Thursday evening a vehicle struck two pedestrians and their dog at the intersection of Pine Street and Maple Street in Salem.
Delbert Gossen, 70, was driving west on Pine Street when the vehicle hit the pedestrians in an unmarked crosswalk.
The female pedestrian died of her injuries while being transported to the hospital. The male pedestrian suffered non-life-threatening injuries and was taken to Salem Hospital.
The dog was taken to a local animal hospital.
We extend our condolences to the female pedestrian and wish the man and dog 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 August 7, 2015, in Pedestrian Accidents, personal injury, Wrongful Death and tagged Delbert Gossen, dog injury, Maple Street, pedestrian accident, pedestrian death, pedestrian injury, Personal Injury, Pine Street, Salem, wrongful death. Bookmark the permalink. Leave a comment.