Man Killed by MAX Train in Hillsboro
Date: January 10, 2016
Location: Washington Street
Sunday night, a man was killed by a MAX Blue Line train when he fell underneath it in Hillsboro.
A man in his 30s stumbled onto the tracks and was hit by the train on Washington Street in Hillsboro.
The crash is still under 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 January 11, 2016, in Pedestrian Accidents, Train Accidents, Wrongful Death and tagged Hillsboro, max blue line, MAX train accident, MAX train death, pedestrian accident, pedestrian death, Washington Street, wrongful death. Bookmark the permalink. Leave a comment.