Josephine County, OR (August, 11) — On Wednesday afternoon, August 10th, at around 4:55 pm, Oregon State Police and emergency crews were dispatched to the scene of a fatal two-vehicle crash on US 199 close to milepost 6.
Early investigations show that Robert Clair, age 31, was operating a Ford 550 pickup traveling southbound from Grant pass. Clair crossed the center line of the highway and collided with Johnny Porter, age 45, who was driving northbound on a Harley Davidson motorcycle.
Porter was ejected from the motorcycle upon impact and pronounced deceased at the scene by emergency crews. Clair did not sustain any injuries from the accident.
We would like to offer our deepest and most sincere condolences to the loved ones of Johnny Porter.
Wrongful Death Claims in the State of Oregon.
Going through the experience of losing a loved one is never easy, regardless of the circumstances. When somebody passes away suddenly and unexpectedly, it can be even harder to cope with the grief. To make matters worse, the process can be very expensive with funeral costs, memorial services, and lost wages.
A “wrongful death” as defined by Oregon law is a death that is “caused by the wrongful act of omission of another,” when the act or omission would have allowed the person to file a personal injury lawsuit had he or she survived, (Or. Rev. Stat. § 30.020 (2021).
Put simply, wrongful death is when somebody dies as a result of the legal fault of another person or entity. Most cases of wrongful death involve auto accidents, where one party is killed due to the negligence or recklessness of another driver on the road.
In Oregon, the wrongful death laws allow for the deceased party’s family to file a lawsuit if the victim died as a direct result of another person or entity’s accidental or intentional act.
A civil wrongful death case is different from criminal prosecution for homicide in that a criminal case can end with jail time and other criminal charges. A civil wrongful death suit typically ends with one party having to pay damages to another. However, a defendant can be sued for both a civil wrongful death and a criminal wrongful death at the same time.
As with other personal injury claims, wrongful death claims are all about determining liability. That liability is expressed in terms of financial compensation, referred to as “damages” that the court orders the defendant to pay to the deceased person’s survivors or estate.
There is a lot to take in, learn, and understand about wrongful death claims in Oregon, and if you have recently lost a loved one, it is understandable for you to feel overwhelmed and lost in the process. That is why it is highly recommended to hire an experienced Oregon wrongful death attorney to help guide you through the process.
At Johnson & Taylor, we offer free consultations so that you may have your case assessed with no financial commitment. We understand, from years of experience, just what you are going through, and how hard it can be to move forward in this process. It is our firm belief that victims and their families should not have to deal with courts and insurance companies while trying to also cope with a tragic loss.
We are always ready and willing to help victims navigate through this stressful time. We believe that victims should be able to focus on grieving, and processing, not stressing out over financial issues. Please contact us as soon as possible using the link on our website or by calling (503) 990-6641 to schedule an appointment with one of our attorneys. We are here to assist you and yours in your time of need.
Note: Our team of writers utilizes secondary sources when creating these accident news posts. These sources include local and state police incident reports, news media outlets, social media posts, and at times, eyewitness accounts about accidents in and around Salem, Oregon. We have not independently verified all of the facts surrounding this accident. If you locate something incorrect in our post, please contact Johnson & Taylor right away so that we can correct the post with the updated information. We will take this post down if requested.
Disclaimer: The photo used in this post was not taken at this accident scene. This is not a solicitation for business. None of the information provided in this post is intended to be legal or medical advice.