Motorycle Crash Kills Klamath Falls Man – Klamath County

Photo of Portland State Police

Photo of Portland State Police

On May 30, 2016 at about 6:15 PM, OSP Troopers and emergency personnel responded to the report of a motorcycle crash on Running Y Road near Highway 140.

Initial investigation revealed a 2002 Harley Davidson motorcycle was traveling southbound on Running Y Road approaching Highway 140 when it failed to negotiate a sharp curve. The motorcycle traveled across a grassy area before ejecting the operator into a pond.

The operator, James D DEHART, age 47, of Klamath Falls, was pronounced deceased at the scene. Speed is being considered as contributing factor in the crash. More information will be released when it becomes available.

Our thoughts and prayers go out to the families of those involved in this accident.

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.

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 31, 2016, in personal injury, Wrongful Death and tagged , , , , . Bookmark the permalink. Leave a comment.

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