Anita Bemrose, 49, and three juveniles killed, and Shirley Ayres, 69, Bryan McDonald, 41, injured in rear-end collision on U.S. Highway 97 near Madras, Oregon

This accident is a horrible tragedy.  Three innocent persons are dead because of the carelessness of the motorist that rear ended the driver while not paying attention and then cowardly drove away.  This is a classical hit and run case.  If and when the driver is apprehended  the driver will be  criminally charged with hit and run, negligent homicide, manslaughter, assault, reckless driving and perhaps other criminal charges.  The driver needs to contact the police and give  up.  However, assuming that the driver does not come forward and is not identified what then?  The family and relatives of the decease adult mother and each of the deceased children have claims under Oregon Wrongful Death Laws.  The OWDL is found in chapter 30, of the Oregon Revised Statutes and specifically ORS 30.010 to 30.100.  Basically it provides for the  beneficiaries of the deceased persons to obtain financial damages for their pecuniary and emotional loss due to the death of their loved ones.  These claims need to be filed with the decedent's  auto insurance company as an un-insurance motorist claim because the hit and run individual left the accident site without leaving the name of the insurance company on the car.  Without knowing the insurance company of the driver which caused the accident this claim is known as  an un-insured motorist claim.  Every insurance policy sold in Oregon has un- insured motorist coverage to protect car drivers and their passengers from accidents with motorist which do not have car insurance.  It is a mandatory coverage in Oregon.  It covers the type of accident where the careless driver has no car insurance or when the careless driver hits and drives away.  If the careless driver is found and the insurance coverage is in an amount less  than the amount on the car the deceased drove then the deceased beneficiaries will have  under-insured claims since the amount of the careless driver's insurance policy amount is less then the deceased driver's amount.  In addition all Wrongful Death Claims must start with one of the beneficiaries being appointed as the Personal Representative of the decedent's estate by the Probate Court/Circuit Court of Jefferson County.  Only the court appointed Personal Representative has the authority to negotiate and accepted any insurance settlement.  All settlements must by submitted to the Court for approval.  In addition any distribution of the settlement proceeds must first by submitted to the Court for approval and for an opportunity for any beneficiary to object and request a summary hearing before the Court to decide the appropriate allocation and distribution of the settlement proceeds.   The Oregon wrongful death procedures requires the Court to be advised of each decision  and must approve all settlements and distributions of settlement proceeds.  It is important that an attorney be used to assist and advised the Personal Representative in all aspects of the wrongful death proceeding.  In this particular case where there is an adult parent and two children killed there would be three wrongful death claims which makes the duties of the Personal Representative more complicated that the usual wrongful death claim.   In addition the insurance policy of the parent's car provides for funeral benefits for each person up to $5,000 per person and if necessary medical benefits up to $15,000 per person.  There is more information regarding the OWDL but for now the above is a general outline. Phone me if anyone has any questions, 800-347-4269. I have been an Oregon Attorney for 45 years and a Washington Attorney for 13 years.  My offices are in Oregon.  My web site is www.accident-attorneys.com.  I am the Oregon and Southwest Washington Sponsor for Accident Data Center.  Raymond Bradley  OSB# 700193, WSB#32389.