Passenger Dies After Near Head-On Crash

Date: May 20, 2010
Location: Highway 213 near Oregon City, Oregon
Names: Carol Elaine Hoyt, Keith Eugene Lloyd, Gina Marie Fraijo

On May 21, 2010, Carol Elaine Hoyt, 76, died in a Portland hospital from injuries sustained in a car crash the day before on Highway 213 in the Oregon City, Oregon area, according to The Oregon City News and an OSP press release.

Hoyt was a passenger in a pickup truck driven by Keith Eugene Lloyd, 83, of West Linn. At around 4:32 PM on May 20, 2010, the truck driven by Lloyd was making a left turn from Highway 213 southbound, on a green arrow signal, into the Clackamas Community College area. According to police, a passenger car driven by Gina Marie Fraijo, 38, of Mulino, did not stop at a red traffic signal, and the two vehicles crashed nearly head-on.

Lloyd and Fraijo were not injured in the crash, but Hoyt sustained serious injuries. She was transported by AMR Ambulance to Oregon Health Sciences University, where she later died. All occupants were wearing safety restraints. OSP troopers from the Portland Area Command office are continuing the investigation. Oregon City Police Department and Clackamas County Fire District #1 assisted at the scene.

Our hearts go out to Hoyt’s family, including her three loving sons, Wade, Lonnie, and Rolly; her treasured daughter, Wendy Rigoni; and her dear mother, Sophie Harding. We hope you have many, many wonderful memories of Carol to keep in your heart.

We are relieved that no one else was injured in this Oregon City vehicle crash, and we wish the families and friends our best as they work through the grief and trauma of this tragedy.

Wrongful death claims in Oregon are allowed by law. ORS 30.010-30.100.

The statute of limitations for a wrongful death claim is tricky. It is “three years after the injury causing the death . . . is discovered or reasonably should have been discovered. . . .” In other words, it’s not three years from the date of death; it’s three years from the date of the original injury that ultimately caused the death. If a person goes into a coma from a car crash, and dies eight months later, the case will have to be brought within three years from the date of the car crash, not from the date of the death.

If a city, state, county, or other public body is being sued, a Tort Claim Notice must be received by the entity being sued within 180 days of the injury.

Compensation available includes charges for medical expenses; memorial and burial services; compensation for the person’s pain, suffering, disability, and loss of income from the time of the injury through the time of death; financial losses to the person’s family or other heirs; compensation for the loss of companionship and services to the person’s spouse, children, stepchildren, stepparents and parents; and punitive damages may sometimes be available as well.

The law caps the amount of noneconomic damages at $500,000. This does not apply to economic damages, which are not capped.

The moments and days after an Oregon car collision are the most important. First, you must seek medical attention as soon as possible. Even if you think your injuries are minor, you should have a record of anything after the accident in case the pains become more serious. Second, either you, a friend or family member or a qualified attorney, should collect evidence from the accident scene. Evidence can disappear quickly, so doing this while your loved one is in the hospital is of extreme importance. We understand that you may not want to do this while you or your loved one is in the hospital, so you may want to ask a Portland accident attorney to do it for you.

The months after an accident are important as well. There are time limits to filing a claim if you have been in an accident. And sometimes you can’t go back to work, so you start to worry about paying medical bills and wage loss. These are all stressful things, and it doesn’t help that the insurance company won’t leave you alone, but they won’t help you either. So please, do not hesitate to call us or request a free copy of our book, 7 Common Mistakes That Can Wreck Your Oregon Accident Case. Our website has helpful advice, and what we don’t cover there, we will be more than happy to answer ourselves.