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Suing Driver When He Is Your Friend Crash on Highway 58

On September 24, 2019, on Highway 58 at I-5 interchange near Goshen, Oregon Jeep Cherokee with two young people inside – a driver and his passenger - was going east. For some reason, the driver turned in front of a tractor-trailer to get on I-5 north but it didn't make it.  Jeep was hit on the passenger side where Aiden O’Grady was seated. He was killed in the accident. The driver of the Jeep had non-life threatening injuries. 


Suing Driver When He Is Your Friend


We are sad to say, it is way too common in Oregon car accidents for a passenger to be injured or killed due to the negligence of the driver of their vehicle. In many instances, the driver and passenger are good friends. So, should you file a wrongful death claim against the driver and his insurance company?

It is important to remember that just because you or your loved one was not driving does not mean their injuries are any less serious or less worthy of compensation. In the above accident, unfortunately, the passenger was killed, and it appears the driver of his vehicle caused the accident. 

Aiden's loved ones may wonder whether to seek compensation for the death of their child. Regardless of the relationship between that passenger and driver, the surviving family can and should file a wrongful death lawsuit against the driver and his insurance policy.

There are several reasons to file a wrongful death claim in this situation:

  • In most cases, the driver himself is not going to lose money; it is usually the driver’s insurance company that pays. The only problem is if there is not enough policy coverage to cover all of the damages of the surviving family or passenger.
  • You have lost your loved one, which is emotionally and financially devastating. If the person was young, he has lost decades of earning power. You should be compensated for the wages he would have earned in his lifetime.
  • It is likely that your loved one suffered at least briefly in the accident before his death. You should be compensated for that pain and suffering, as well as for your own anguish from your loss.
  • You probably have medical bills and funeral costs to cover

Please DO remember that insurance companies often benefit because people are reluctant to file lawsuits against friends.  

Please talk to Oregon Wrongful Death attorney Bart Herron of Herron Law Firm now at 503-699-6496 if you have questions about filing a personal injury/wrongful death claim against a friend after a car accident. Feel free to reach out to us via email at Olga@portlandinjuryfirm.com. Remember that we always offer FREE Consultation

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