Man Killed In Highway 22 Crash East Of Salem – Marion County

Photo Courtesy Oregon State Patrol

Photo Courtesy Oregon State Patrol

On May 9, 2016 at about 5:50AM, OSP received the report of an eastbound vehicle which could not stay within it’s lane of travel on Highway 22 near milepost 19. The caller reported the vehicle was crossing over the centerline and the back into it’s lane of travel. At approximately 5:54AM, OSP received another call that the vehicle of concern had been involved in a head-on crash on Highway 22 near milepost 20 (just west of Lyons).

Preliminary investigation revealed the vehicle of concern, a 1997 Acura coupe, crossed the centerline and struck a westbound 2000 Chevrolet Blazer head-on. The driver of the Acura, Richard J BEALS, age 21, of Lyons was pronounced deceased on scene.

The driver of the Chevrolet, Jessica M LEMMER, age 36, of Mill City, received serious injuries and was taken to Salem Hospital and then to Oregon Health and Science University by air ambulance. LEMMER’s passenger, Kaitlin MERCER, age 21, of Mill City, was taken to Stayton Hospital for non-life threatening injuries.

Highway 22 was closed for 3 hours with a detour established by the Oregon Department of Transportation. OSP was assisted by Marion County Sheriff’s Office, ODOT, Stayton Fire and Lyons Fire and Rescue.

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 and the life lost.

One of the most difficult parts of an accident like this is the fact that there will be immediate bills that will need to be taken care of in a timely manner. 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.

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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 May 10, 2016, in Car Accidents, Wrongful Death and tagged , , , , , , . Bookmark the permalink. Leave a comment.

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