Pedestrian Killed by Drunk Driver in North Portland
Date: November 1, 2015
Location: North Lombard Street
Name: Mathew Tyler Freeman
Early Sunday morning a pedestrian was hit and killed on North Lombard Street by a drunk driver before he crashed the SUV into a utility pole.
The crash occurred on Lombard and Peninsular Avenue where Police found a crumpled green 1999 Ford Explorer with the driver still inside.
A 27-year-old male pedestrian was found deceased lying in the westbound lanes of the intersection.
The driver, Mathew Tyler Freeman, 21, of North Portland, showed signs of impairment and was driving at a high rate of speed before striking the pedestrian.
We extend our condolences to the family and friends of the deceased 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 November 2, 2015, in Drunk Driving, Pedestrian Accidents, speeding, Wrongful Death and tagged Drunk Driving, DUII, Mathew Tyler Freeman, North Lombard, North Lombard Street, north portland, pedestrian accident, pedestrian death, Peninsular Avenue, speeding, wrongful death. Bookmark the permalink. Leave a comment.