Man using Walker Killed by a Car while Crossing the Street near Eugene
Date: October 12, 2015
Location: Irving Road and Stark Street
Monday morning an 80-year-old man using a walker to cross a street north of Eugene in Lane County, was struck by a pickup truck.
The pedestrian was crossing Irving Road near the intersection of Stark Street when the pickup turned and did not see the pedestrian.
The pedestrian was pronounced dead at the scene.
The driver is cooperating with the investigation.
We extend our condolences to the family and friends of the pedestrian.
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 October 13, 2015, in Pedestrian Accidents, Wrongful Death and tagged Beltline, Eugene, Irving Road, lane county, pedestrian accident, pedestrian crash, pedestrian death, Stark Street, wrongful death. Bookmark the permalink. Leave a comment.