A FedEx who fatally struck a bicyclist at a downtown intersection last November has been charged with a traffic violation but is not being criminally charged, according to the Deschutes County district attorney.
The biker, 31-year old Jonathan C. Adams, from Bend, was killed on Nov. 22, 2017 from injuries sustained when his bike was struck by a FedEx delivery truck at the southeast corner of the intersection of Portland Ave. and Northwest Wall Street.
The delivery truck driver cooperated fully with the police investigation. He was not impaired or using his cell phone at the time of the fatal accident.
The district attorney stated his investigation was complete last week. He determined the driver had failed to yield to a rider in a bicycle lane – ORS 811.050, and he has been charged with that traffic offense.
Police stated the FedEx truck was going north on Wall Street and turning east onto Olney Ave. when the fatal collision happened.
Our Portland, Oregon pedestrian accident attorneys regret that this bicyclist lost his life in such a tragic accident.
It is important to keep in mind that while the FedEx driver has not been criminally charged in this case, he still could face a civil lawsuit. In Oregon, you may file a wrongful death lawsuit and may prevail if you can show by a ‘preponderance of the evidence’ that the driver was more likely than not to have caused the pedestrian’s death.
In most cases in Oregon, the spouse and/or children of the deceased can make a wrongful death claim. However, there are cases in the state where awards have been provided to step parents, grand parents and step children.
Damages in Oregon wrongful death lawsuits are complicated to determine, but an approximate, fair figure can usually be arrived at with the help of a personal injury attorney. Compensation nearly always includes the deceased’s medical and funeral costs, but also can include:
- The lost earnings the person would have probably earned if they had lived a normal lifespan. This is a mere estimate and will probably require expert testimony.
- Pain and suffering of the person who died from the time of the accident until death
- Compensation for loss of companionship for the spouse, children or other family members
- Punitive damages can be awarded where extreme negligence or intent is proven
Remember you have only three years from the date of the injury that resulted in death to file your claim in Oregon, not from the date of death.
If you lose a loved one in a pedestrian accident, you have legal rights. Speak to an Oregon wrongful death attorney today to determine possible legal steps.