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Salem, OR — Charles Dwayne Hatfield Struck and Killed by Car near Milepost 229 on I-5

Salem, OR — Man Struck and Killed by Car on I-5 near Milepost 229

Portland, OR (July 28) — According to reports from authorities, a fatal crash involving a Toyota van and a pedestrian, 49-year-old Charles Dwayne Hatfield of Salem, occurred at approximately midnight this morning, Friday, July 29th. The accident took place near milepost 229 on I-5. 

Emergency crews were promptly dispatched to the scene of the accident where they then administered medical care for all the parties involved. The driver of the van reportedly cooperated with the investigation.

The investigation is currently still ongoing.

Our thoughts are with the family of Charles Dwayne Hatfield. 

Filing a Wrongful Death Claim in Oregon

In other words, a wrongful death occurs when someone dies as a result of the legal fault of another person or entity. This can happen if they are at fault or negligent, for example, in wrongful Death Lawsuits in Oregon

Oregon has a ‘wrongful death’ law that will allow an individual’s family to file a lawsuit if they died as the result of an accidental or intentional act. Today, we’ll take a look at the major components of Oregon’s wrongful death law including how the statutes define “wrongful death,” who is allowed to file a wrongful death lawsuit and the types of damages available. This article will also cover the time limit for filing such lawsuits.

One law that defines what constitutes a wrongful death is under the state of Oregon, where it is defined as a “death caused by the wrongful act or omission of another,” an act that would have been considered liable had the person not died (Or. Rev. Stat. § 30.020 (2021).) In other words, a wrongful death occurs when one person dies as a result of the legal fault of another person.

As with other types of personal injury lawsuits, the defendant’s liability in a successful wrongful death action is expressed solely in terms of financial compensation (“damages”) that the court orders the defendant to pay to the beneficiary.

This is one major difference between a wrongful death lawsuit and a criminal homicide case, in which a conviction can result in jail or prison time, fines paid to the state, probation, and other penalties. Contacting one of our experienced Oregon wrongful death lawyers will greatly help with navigating this complicated legal process.

Another big difference between a criminal prosecution for homicide and a wrongful death civil lawsuit is that in a criminal case the prosecution must prove the individual’s guilt.

In a wrongful death suit, the victim or their next of kin are only trying to collect damages. Criminal homicide charges often result in jail time, probation, and other penalties – different than those in a civil wrongful death suit.

In a civil lawsuit and to plead not guilty, you have to be found more likely responsible than not for the death. Although most people would never intentionally commit a criminal act that resulted in someone’s death, it can still lead to some serious consequences. That’s because a defendant may be charged with criminal negligence as well as accused of wrongful death in civil court.

Johnson & Taylor Law is committed to providing the best representation for accident victims. We provide the efficient and effective service that our clients deserve. You deserve to have your needs met during a difficult time, so we promise to work with you throughout your case.

Our team of attorneys is here to provide all Oregon residents with free consultations. Regardless of what your situation looks like, we are committed to supporting you and helping you get your life back on track. 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.