Disabled Man Dies after Truck Strikes him on NW Naito Parkway

Date: March 11, 2015

Location: Northwest Naito Parkway

Name: Samuel Ray Wilkins, David Bustamante-Vasquez

Disabled Man Dies after Truck Strikes him on NW Naito Parkway

A Northeast Portland pedestrian died of injuries after he was struck by a truck while crossing Northwest Naito Parkway on Wednesday.

Samuel Ray Wilkins, 61, was using a three-wheeled wheelchair scooter in a marked crosswalk when a turning truck hit him. Wilkins died the next day at Legacy Emanuel Medical Center from his injuries.

Wilkins was crossing at Northwest Couch Street toward Tom McCall Waterfront Park on the “walk” signal when an eastbound truck turned south onto Naito Parkway and hit him.

The truck driver, David Bustamante-Vasquez, 37, of Seattle, is cooperating with investigators.

We extend our condolences to the family and friends of Samuel Ray Wilkins.

Oregon wrongful death claims are allowed under ORS 30.010-30.100, 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.