On Christmas Day (December 25, 2018), 58-year-old David Jackson was killed via injuries sustained in a car crash at the intersection of Highway 126 and Cloverdale Road.

Jackson was transported to St. Charles Bend in Bend, Oregon, after his vehicle was rear-ended while slowing down to make a left-hand turn. While Jackson was accompanied by four other passengers, none of them were injured in the accident, though they were all transported to the hospital to receive treatment for non-life-threatening injuries.

The driver of the striking vehicle, Andria Mengucci, is currently under investigation, and she has yet to be cited or charged with a crime as a result of the car crash. She was accompanied by three other passengers, all of whom were minors. One of the passengers, a seven-year-old boy, was not wearing a seatbelt and suffered minor injuries.

If you were one of the passengers in Jackson or Mengucci’s vehicles at the time of the auto accident, or one of Jackson’s family members currently suffering in the wake of this horrible holiday incident, would you have a case against Mengucci, despite her not yet being cited or charged with a crime?

The answer is yes. This horrible auto accident involves multiple claims that are available under Oregon law. Regardless of whether the at-fault driver was charged criminally, the wrongdoer can still be held liable under Oregon civil law, and this is something The Law Offices of Patrick Cadiz would be able to help with.

Wrongful death

  • Under Oregon law, a personal representative may bring a wrongful death action on behalf of the estate of the deceased against the wrongdoer. Any interested person or executor named in the will can petition the court to be the personal representative. This action is to benefit the decedents, surviving spouse, children, parents, or other persons if they would be entitled under the law of intestate succession.

Passengers of victim’s car

  • Under Oregon law, the passengers in the victim’s car all have the right to make a claim for negligence against the wrongdoer. Here, the passengers would have a right to make a claim against Mengucci or her insurance policy, even if their injuries suffered in this car accident were non-life-threatening.

Passengers of the wrongdoer’s car

  • Under Oregon law, the passengers of the wrongdoer also have a right to make a claim for negligence against the wrongdoer driver. This is true even if the wrongdoer is a family member, spouse, parent, or child. Passengers have a right to make a claim for negligence of the driver in their own vehicle.

In the case of Andria Mengucci, all of the people who were in the car with her at the time of the crash have the legal right to make a claim against her and her insurance company, even though they are all minors. The seven-year-old boy who had no seatbelt would also have a right to make a claim; however, his claim could be reduced under Oregon law by as much as five percent for failure to mitigate damages as a result of evidence of non-use of a seatbelt.

For more information on how we can help you and your family receive the compensation you deserve, please call the Law Offices of Patrick Cadiz (located in Portland, OR and Hillsboro, OR) at 503-858-3261.