80-year-old Pedestrian Hit by Car, Killed in SE Portland
Date: January 12, 2016
Location: Southeast 156th Avenue and Division Street
Tuesday morning an elderly woman on a motorized scooter was struck and killed by an SUV in Southeast Portland.
The woman was riding her scooter across Southeast Division Street at Southeast 156th Avenue in a designated crosswalk. The 81-year-old woman died at the scene.
The SUV was heading west on SE Division Street when they struck the woman. The 61-year-old woman, driving a blue Honda SUV, stayed at the scene.
We extend our condolences to the family and friends of the elderly woman.
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 13, 2016, in Pedestrian Accidents, Wrongful Death and tagged pedestrian accident, pedestrian crash, pedestrian death, SE Division, SE Portland, Southeast 156th Avenue, southeast division street, wrongful death. Bookmark the permalink. Leave a comment.