Passenger Killed in Rear-end Crash with Taxi in Woodburn

Date: November 15, 2015

Location: Highway 99 near Belle Passi Road

Names: Erica Perez, Martha Cruz Aldama, Leovigildo Torralba Arzola, Eliceo Armmenta Arredondo, Francisco Aguilar Munoz

Passenger Killed in Rear-end Crash with Taxi in Woodburn

Early Sunday morning a passenger was killed when a suspected drunk driver rear-ended a taxi near Woodburn.

The taxi driver, Erica Perez, 31, of Woodburn, was transporting three passengers when her minivan was rear-ended. One of the passengers riding in the back seat, Marth Cruz Aldama, 34, of Woodburn, was killed in the crash.

The driver of the SUV that rear-ended the taxi was identified as Leoigildo Torralba Arzola, 29, of Salem. Police believe alcohol was a contributing factor to the crash.

The other two passengers in the taxi were Eliceo Armmenta Arredondo, 41, of Beaverton, and Francisco Aguilar Munoz, 45, of Hillsboro.

We extend our condolences to the family and friends of Martha Cruz Aldama.

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:

  • Spouses
  • Children (including stepchildren)
  • Parents (including stepparents)

Less common claimants include:

  • Grandchildren
  • Siblings
  • Grandparents

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.

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About Sean DuBois

Sean is a personal injury attorney in Portland, OR. He has been recognized by Super Lawyers Magazine as Oregon Rising Stars for the past four years because of his dedication to justice and fair compensation for his clients. If you need to speak with a lawyer about your injury case, Sean can be reached at 503-222-4411.

Posted on November 16, 2015, in Car Accidents, Drunk Driving, Wrongful Death and tagged , , , , , , , , , , , , , , , , . Bookmark the permalink. Leave a comment.

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