***Name Released*** OSP Seeking Public’s Assistance In Fatal Crash Involving Pedestrian – Lane County
The deceased pedestrian has been identified as Jacob D WALTERS, age 28, of Eugene. No further information is available for release at this time.
On April 18th, 2016 at about 10:34PM, OSP Troopers and emergency personnel responded to the report of a pedestrian struck on Highway 99W near Clearlake Road just north of Eugene.
Preliminary investigation reveals a 2003 Dodge Ram was traveling southbound on Highway 99W when it struck a pedestrian in the lane of travel. The pedestrian was pronounced deceased at the scene by emergency personnel.
The driver of the Dodge, Ray E LUNT, age 69, of Lincoln City, was not injured in the crash. The identity of the deceased has not been confirmed. That information will be released once the deceased has been identified and a next of kin notification has been conducted.
Highway 99W was partially closed for approximately 4 hours for the investigation. OSP was assisted on scene by Lane Fire Authority, the Oregon Department of Transportation, the Lane County District Attorney’s Office and the Lane County Medical Examiner.
It is believed that one or more persons may have witnessed the incident but not spoke with troopers. OSP is requesting ant persons with information on the incident to call the Springfield Area Command at 541-726-2536. More information will be released as it becomes available as this is an ongoing investigation.
When accidents like this happen it is important that you protect the rights of those who lost their life and their family.
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:
- 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.