Oregon Injury Lawyer Blog
A common expression related to grief posits that “no parent should have to bury a child… it is not the natural order of things.” Unfortunately, this happens thousands of times every year. According to the National Institutes of Health, vehicle crashes are the leading cause of death in children and adolescents, accounting for 20% of all deaths. If you have encountered this kind of tragic loss, you may need to take legal action. If you do have such a need, your case will benefit from having representation provided by an experienced Oregon auto accident lawyer.
One of those fatal accidents occurred this month in Clatsop County.
The collision occurred along Highway 101 just south of its intersection with Highway 26. A southbound pickup truck entered the northbound lanes and crashed head-on into a northbound Honda SUV. The truck continued forward in the wrong lane, eventually hitting a Nissan SUV head-on.
The impacts were severe. The driver and front-seat passenger of the Honda, a husband and wife from New Mexico, suffered severe injuries. The back-seat passengers, the couple’s 12- and 15-year-old daughters, died. The driver of the Honda, an older woman from San Francisco, suffered serious injuries, as did the driver of the truck, a 30-year-old man from nearby Seaside.
Even as the police continue to probe why the southbound man entered and drove the wrong way in the northbound lane, this terrible accident already presents some unique legal issues. One is the age of the fatally injured victims (12 and 15).
Wrongful Death Lawsuits in Oregon
When a person of any age dies as a result of someone else’s negligence, that death may lead to a wrongful death lawsuit. Oregon has a specific statute that outlines the process for pursuing a wrongful death action in the state. Generally, when the deceased victim is an adult, only the “personal representative of the decedent” may sue. In layman’s terms, that means that if a loved one died because of another person’s negligence, you would need to go to court, open a probate estate, and be designated as the personal representative of the estate.
Oregon does, however, have a special statute that covers deaths of children that allows parents with custody to bring a wrongful death case.
Additionally, be aware that the law imposes a deadline for filing a wrongful death lawsuit. Generally, the deadline is three years from the date the final illness or injury occurred; however, in some special circumstances, it may be longer or shorter than that.
Finally, note the states of residence of the people involved in this crash. The wrong-way man was from Oregon, one woman was from California, and the family of four was from New Mexico. Oregon has numerous tourist and business destinations that attract both sightseers on vacation and professionals on business. When you are hurt far from home because of someone else’s negligence, the facts and the law may dictate that you need to sue in the state where the crash happened. When that is the case, you will need to obtain legal representation provided by an attorney who is licensed to practice in that state, meaning you likely will not be able to use a local attorney or law firm near your home.
A case like this newest Clatsop County collision is a reminder that auto accidents can create complex legal issues, like injuries to minors, fatal injuries, and damages suffered outside your home state. For your Oregon legal needs, the skilled Oregon auto accident attorneys at Kaplan Law LLC offer clients personalized attention, allowing us to provide customized advice and advocacy custom-tailored to each client’s unique needs. To learn more, call (503) 226-3844 today or contact us online to schedule your free consultation.
