A man was hit and killed on Oregon 213 in the early AM hours of May 14 after his vehicle slammed into a gas station. He was fleeing the scene on foot when he was struck and killed by a passing car.
The fatal accident happened at 3:40 AM when the man’s SUV smashed into a gas station pump at the Chevron near Clackamas River Dr. in Oregon City, starting a large blaze.
The driver was the only person in the SUV. He ran from the scene and scaled a fence onto the side of Oregon 213. A minivan going north on the highway hit the man and killed him. The fatal accident is still being investigated by local police.
Our Portland personal injury attorneys send our condolences to the family of the man who lost his life in this fatal car accident.
The above story does not make it clear where the pedestrian was when the fatal accident occurred. If the man was in the middle of the road and was fatally struck, there is unlikely to be any liability on the part of the minivan driver. But if the pedestrian was hit on the side of the road, then it is possible a wrongful death lawsuit could be filed by the surviving family.
Oregon state law is specific about protecting the safety of pedestrians. They are some of the most vulnerable people on our roads. In fact, in 2007, Oregon introduced what are known as vulnerable user laws to assist in protecting people who are not protected by a vehicle. Because pedestrians have no protective shell around them, they suffer many serious injuries and deaths on Oregon roads every year. For example, in Oregon in 2007, there were 48 pedestrian traffic deaths.
Another problem that can arise in a pedestrian accident is the deceased lacks insurance coverage. Even if he has a vehicle with insurance on it, that does not mean the auto insurance on that vehicle is a factor if he is struck by a car. For most auto accidents, personal injury protection covers medical bills for up to $15,000. In a car accident involving a pedestrian, the PIP for the driver should pay for the pedestrian’s injuries or funeral expenses, per ORS 742.520.
If you had a loved one killed in a pedestrian accident in Oregon, please contact one of our Portland personal injury lawyers today to determine if you may have a legal case.