A man has died from injuries suffered after he fell out of the back of his friend's pickup truck in Scappoose Oregon. The driver of the pickup, Nicholas Kay, was arrested on charges of criminally negligent homicide as well as driving under the influence of intoxicants (DUII). The incident took place on Dike Road just southeast of Scappoose around 6:12 p.m. on Saturday June 11, 2011. Nicholas Kay of Vancouver is only 26 years old, but will face criminal charges for the fatality and could be named the defendant of a civil claim from the deceased man's estate as well. Kay was reportedly driving drunk southbound down Dike Road in a white Ford pickup when the accident happened causing this unfortunate fatality. The details of how Kay's friend either fell or was ejected from the pickup are unclear. The victim, in his 30s, was found unconscious in the middle of the road. First responders tried to revive him, but it was too late.
This tragic event could have been prevented had Mr. Kay acted responsibly. Instead his alleged criminal negligence could land him in jail and more. The family of the deceased victim could have the right to pursue a lawsuit on behalf of his estate, which means for the benefit of the victim's spouse, children or parents.
There is no information regarding whether the driver was served alcohol by a third party, tavern or restaurant. However, bars and taverns can be held responsible for serving patrons who are visibly intoxicated and who later harm someone else.
According to the U.S. Dept. of Transportation and National Highway Traffic Safety Administration there were 159 alcohol related fatalities in Oregon in 2008 which is 38 % or all accident fatalities for that year.