On July 11 at 3:30 pm, a two-vehicle car accident occurred on Highway 211 near South Mackburg Road in Clackamas County near Molalla that killed two.
Saturn Ion, driven by Tyler Bracken, 18, was going south on Highway 211. Bracken tried to pass several vehicles on a blind corner. Ford F250 pickup, driven by Craig Buche, 52, was driving in the northbound lane. Bracken veered right and lost control of the car. The Saturn slid across both lanes of traffic and was hit by the pickup. The 18-year-old had life-threatening injuries and was taken to a local hospital. A passenger in that vehicle, Eric Santos, died at the scene. Buche was not hurt in the accident.
Per Oregon Revised Statutes section 30.020, wrongful death is a death that occurs due to the wrongful act or omission of another party. In most cases, wrongful death happens because of a reckless or negligent act. These are the same types of actions that would support filing a personal injury lawsuit if the deceased were still alive.
A wrongful death claim is very similar to a personal injury claim. The major difference is the injured party is no longer alive and cannot file a claim on their own. Rather, the family of the loved one needs to file a lawsuit on behalf of the deceased’s estate.
In most of these claims in Oregon, the person who files is a spouse, partner, child or parent of the deceased. But other family members can file, such as grandparents, stepchildren, and stepparents.
A wrongful death lawsuit is a civil, not criminal action. A criminal case is filed by the prosecuting attorney for the county where the death occurred. In the above accident, the negligent driver may still be living, so it is possible for both criminal and civil charges to be filed against him. If he dies, the wrongful death lawsuit still can move forward.
Did You Lose a Loved One in A Deadly Car Crash? Talk to an Oregon Wrongful Death Personal Injury Attorney Bart Herron at 503-699-6496 Today
If you lost a loved one in a car accident caused by another party, you are facing emotional devastation. Many family members also are facing an economic crisis as well when they lose the primary breadwinner in their family. How will they pay the rent or mortgage, pay for food and utilities, medical and funeral bills?
A possible solution to the financial aspect is to file a wrongful death claim against the negligent driver. You could be entitled to compensation for emotional and financial losses. The Herron Law Office has many years of experience holding responsible drivers liable for their careless actions that led to your injuries or the death of your loved one. Please contact The Herron Law Office today for a Free Consultation.
5285 Meadows Road, Suite 204, Lake Oswego, Oregon