OSP Investigating Fatal Crash On Highway 58 – Lane County

oregon-wrongful-death-laws-smOn April 14, 2016 at about 4:08PM, OSP Troopers and emergency personnel responded to the report of a three vehicle crash on Highway 58 near milepost 15 (just east of Lowell).

Preliminary investigation reveals a 1991 Chevrolet pickup towing a 1999 Jeep Cherokee was traveling westbound on Highway 58 when it crossed the centerline. There it struck an eastbound 1999 Ford F350 pick-up head-on. All vehicles came to rest on the highway.

The driver of the Chevrolet, Emmett L BEMROSE, age 68, of Portland, was seriously injured in the crash. The driver of the Ford, Jerry R CARGIL, age 53, of Oakridge, received minor injuries. The passenger in the Chevrolet, Ratree T BEMROSE, age 68, of Portland, was pronounced deceased on scene.

Highway 58 was closed for 1.5 hours until one lane was opened for alternating traffic flow. OSP was assisted by the Oregon Department of Transportation, Lowell Fire Department and the Eugene/Springfield Fire Department. More information will be released when it is appropriate as this is an ongoing investigation.

Our thoughts and prayers go out to the families of those involved in this accident. This was a terrible accident, and we hope everyone involved in the crash knows that there are thinking of their families for those lives lost and a lot of people wishing the survivors a speedy recovery.

The period after an accident like this can be a very confusing and challenging time especially when friends and family may be involved. We feel fortunate to be able to provide victims of these types of accidents with resources that help navigate these challenging and trying times. We hope these resources help answer some of the difficult questions you have after an accident and how mounting medical bills or a wrongful death can be addressed.

This is a sensitive time for all those involved but it is important to remember that the lives of those left behind must be protected to the fullest extent of the law.

Oregon wrongful death claims are allowed under ORS 30.020, 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.

Advertisements

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 April 14, 2016, in Automobile Accidents, Car Accidents, Oregon Car Accidents, Wrongful Death and tagged , , , , . Bookmark the permalink. Leave a comment.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: