Crash North Of Rogue River Takes Life Of Grants Pass Man – Jackson County

Photo Courtesy of Oregon State Police

On May 30, 2016 at about 9pm OSP Troopers and emergency personnel responded to a report of a vehicle versus tree on Hwy 99 near milepost 8 (1 mile north of Rogue River).

Preliminary investigation revealed a 1997 Honda coupe was traveling northbound on Highway 99 at a high rate of speed when it failed to negotiate a right sweeping curve. The Honda exited the roadway and struck a large pine tree on the driver’s side door. The driver, Donovan G HILBY, age 47, of Grants Pass, was pronounced deceased at the scene by medical personnel. The passenger, Patrick G GREEN, age 35, of Grants Pass, was transported to Rogue Regional Medical Center with serious injuries.

The highway was restricted to one lane for about 3 hours as the investigation was conducted. Oregon Department of Transportation, Rogue River Fire Department, Rogue River Police Department and the Jackson County Sheriff’s office assisted. Alcohol and speed are believed to be contributing factors of the crash. More information will be released as it becomes available.

We extend our condolences to the family and friends of Donovan G HILBY.

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.