If you’ve been hit by a car, our best pedestrian accident attorney Bart Herron will always recommend following these five simple steps that will help you during the litigation process:
Most pedestrian accidents are caused by driver negligence, like:
Speeding: Driving too fast reduces the amount of time the driver has to react to a road condition and to avoid accidents with vehicles and pedestrians.
Distracted driving: Drivers often talk on cell phones, text and drive, look at GPS systems, talk to passengers, and engage in other activities that take their eyes from driving.
Weather: Wet or icy roads mean drivers need to slow down, but many do not, and pedestrian accidents are the result.
DUI: Drunk or drugged driving leads to dangerous impairment of judgment and reflexes.
Not yielding: Pedestrians almost always have the right of way at a crosswalk. In Oregon, motorists must stop and stay stopped when approaching a pedestrian crosswalk.
Not always. But certain pedestrian behaviors can increase the likelihood of injury or death and may also affect the compensation they can receive after an accident. In many cases, if a pedestrian is found partially at fault for the accident, it can reduce the damages awarded due to comparative negligence laws (such as those in Oregon). Below are the most common pedestrian behaviors that contribute to accidents and how they might affect the outcome of a legal case.
In states like Oregon, comparative negligence laws apply. This means that if the pedestrian is found partially at fault for the accident, their compensation may be reduced based on the percentage of fault. For example, if a pedestrian is deemed 25% at fault for jaywalking and is awarded $100,000 in damages, their recovery would be reduced by 25%, leaving them with $75,000. If the pedestrian is found more than 50% at fault, they may not be able to recover any damages at all.
Do You Need to Go To Court For Your Pedestrian Accident Case?
While going to court for a pedestrian accident case is not usually necessary, there are exceptions. Most cases are resolved through negotiation with the insurance company, and a fair settlement can often be reached without the need for a trial. However, in cases where liability is disputed, the settlement offer is inadequate, or the insurance company acts in bad faith, court may be the best option to ensure you receive the compensation you deserve.
Having a knowledgeable and experienced pedestrian accident attorney on your side, whether your case settles or goes to trial, is essential to protect your rights and maximize your recovery. If your case requires a court trial, your attorney will guide you every step of the way and fight for the compensation you need to move forward.
After a pedestrian accident, you may be entitled to several types of compensation or damages, depending on the extent of your injuries, the impact on your life, and the specifics of your case. These damages fall into two main categories: economic damages and non-economic damages. Here’s a breakdown of the common types of damages you can collect:
Medical Expenses (both past and future). You can seek reimbursement for all medical costs related to the accident, including hospital stays, surgeries, medications, physical therapy, and any future medical care needed as a result of your injuries.
Lost Wages (both past and future). If you missed work because of your injuries or treatment, you are entitled to recover compensation for the income you lost during that time. If your injuries prevent you from returning to work or require you to take a lower-paying job, you may also claim compensation for future lost wages.
Pain and Suffering (both past and future). Pain and suffering compensation covers the physical pain and emotional distress caused by your injuries. The value of these damages can vary greatly depending on the severity and duration of your suffering. For minor injuries, pain and suffering might amount to less than $1,000, but for more severe or long-lasting injuries, it could reach $250,000 or more.
Disfigurement and Scarring. If the accident caused permanent disfigurement or noticeable scarring, you may be compensated for the emotional and physical toll this takes on your life.
Loss of Employment (both past and future). If your injuries caused you to lose your job or rendered you unable to perform your previous job duties, you can seek compensation for the loss of your current and future employment opportunities.
Loss of Future Income. In addition to lost wages, you may also be entitled to compensation for the reduction in your ability to earn income in the future if your injuries prevent you from working in the same capacity or field.
Loss of Enjoyment of Life. These damages reflect the negative impact on your quality of life due to the accident. If the injuries prevent you from enjoying activities you once loved, such as running or playing sports, your compensation will reflect that loss. For example, someone who was paralyzed and previously led an active lifestyle might receive higher compensation compared to someone who was less physically active before the accident.
Loss of Companionship and Consortium. If your injuries affect your relationships, particularly with a spouse, you may be entitled to damages for loss of companionship and consortium. This refers to the loss of intimacy, support, and companionship resulting from the accident.
Caregiving Expenses (both past and future). If you require caregiving services due to your injuries, whether in the short or long term, you may be compensated for the cost of those services. This can include in-home care or assistance with daily activities.
And So Much More. Depending on the specifics of your accident, other potential damages could include property damage, rehabilitation costs, and any other out-of-pocket expenses incurred as a result of your injuries.
Economic Damages are the easiest to calculate, as they involve tangible financial losses like Medical Expenses and Lost Wages.
Non-Economic Damages are more complex and involve intangible losses, such as pain and suffering, emotional distress, and loss of enjoyment of life.
Can the vehicle driver go to jail for hitting pedestrian in Oregon?
Yes, a vehicle driver can go to jail for hitting a pedestrian in Oregon, depending on the severity of the accident and the driver’s actions leading up to it. Reckless driving, DUI, hit-and-run, and causing fatal injuries are all serious offenses that can lead to jail or prison time.
In addition to facing criminal charges, a driver who hits a pedestrian may also be subject to a civil lawsuit. The pedestrian or their family may file a personal injury or wrongful death lawsuit seeking compensation for medical bills, lost wages, pain and suffering, and other damages. These civil cases are separate from criminal charges but can proceed alongside them.
Having legal representation, whether you’re a driver or a pedestrian, is crucial to navigate both civil and criminal proceedings effectively.
Most personal pedestrian accident and crosswalk injury attorneys, including attorney Bart Herron, work on a contingency fee basis. This means you don’t have to pay any upfront fees to hire an attorney. Here’s how it works and what other options you have:
If you’re unable to find an attorney on a contingency basis or your case involves additional legal matters (like disputes with your employer or criminal charges), you may be able to access legal aid or pro bono services. These are services offered by lawyers or organizations that provide free legal assistance to those who cannot afford it. While personal injury cases are typically handled through contingency fees, you might still be able to find free or reduced-cost services for other aspects of your case.
If you’ve been injured in a pedestrian accident and do not have health insurance, there are still several options available to help cover your medical bills. In cases like these, the responsible party or their insurance provider is typically held accountable for the costs associated with your injuries. Here are some options and steps to take to ensure your bills are paid:
In Oregon, if a driver was at fault for the accident, their auto insurance policy should cover your medical expenses. This is done through Personal Injury Protection (PIP) and liability insurance:
If you own a car and have PIP coverage as part of your own auto insurance, this coverage may apply even if you were a pedestrian at the time of the accident. Your PIP coverage can help cover medical bills and lost wages up to the policy limits, which provides some financial relief until the driver’s insurance settles the claim.
If your medical bills exceed what PIP covers and you’re waiting for a settlement, many hospitals and medical providers will offer payment plans or agree to work on a medical lien. This means they will delay demanding payment until your personal injury claim is resolved.
If you do not have health insurance and your financial situation qualifies you for Medicaid, you may be able to apply for Medicaid benefits. Medicaid can cover medical expenses incurred after an accident if you meet certain eligibility requirements based on income and family size. This can be a helpful option if your medical bills are substantial and other insurance options are insufficient.
Another option is to use medical funding companies that provide financing to cover medical bills while you are waiting for your personal injury settlement. These companies offer advances to pay your medical providers, which you repay from your settlement. However, be cautious when using this option, as they often charge high interest rates.
If the at-fault driver was uninsured or underinsured, your own auto insurance policy may provide coverage if you carry UM/UIM coverage. This coverage can pay for medical bills, lost wages, and other damages, even if you were a pedestrian at the time of the accident.
Who is at-fault if a car hits me?
In most pedestrian accidents, fault is determined based on the specific actions of both the driver and the pedestrian. While drivers are often held responsible for hitting a pedestrian, especially in marked crosswalks or intersections, pedestrians can also share fault if they were acting negligently, such as by jaywalking or crossing against a signal.
To determine fault, the following factors are considered:
If you were hit by a car, it’s important to collect as much evidence as possible, such as police reports, witness statements, and photographs of the scene, to help establish fault. Consulting with a pedestrian accident attorney can also help you determine who is responsible and pursue compensation for your injuries, especially if fault is contested.
Is my pedestrian accident case better or worse if a drunk driver hits me?
Overall, your pedestrian accident case is typically better if you were hit by a drunk driver. Drunk driving establishes clear liability, increases the possibility of punitive damages, and often results in larger settlement offers due to the serious nature of the offense.
However, the case may become more complicated if the driver’s insurance coverage is insufficient or if you need to wait for criminal proceedings to conclude.
The amount you can expect to receive in a personal injury settlement varies greatly depending on several factors, including the severity of your injuries, the extent of your medical bills, lost wages, and pain and suffering. Settlements can range from a few thousand dollars for minor injuries to hundreds of thousands, or millions for severe, life-altering injuries.
If the driver who hit you fled the scene (hit-and-run), it can complicate your case, but you still have options for seeking compensation. Here’s what to do:
Police Report and Investigation:
Immediately report the accident to the police. They will investigate the incident, gather evidence (such as witness statements and surveillance footage), and attempt to locate the driver. A police report is also critical for insurance claims.
Uninsured Motorist Coverage:
If the driver is not found, you can typically file a claim under your own uninsured motorist (UM) coverage if you have auto insurance. This coverage is designed to help pay for your medical bills, lost wages, and other damages when the at-fault driver is unidentified or lacks insurance.
State Victim Compensation Programs:
Some states, including Oregon, have victim compensation programs that can provide financial assistance for medical expenses and other losses if the at-fault driver cannot be found or identified.
An experienced pedestrian accident attorney can help you explore all available options and guide you through the process of obtaining compensation, even in hit-and-run cases.
6 Months – 2 Years
Always Check Statute Of Limitations with Lawyer
Calendar It Twice
Pedestrian injuries are often severe. For example, a person crossing a street in a crosswalk that is hit by a car could have at least four separate injuries:
A pedestrian is not merely a person walking on a sidewalk or by a road. Pedestrians may include skateboarders, rollerbladers, joggers and runners, people in wheelchairs.
The penalty for a driver hitting you while you were crossing the street depends on the circumstances of the accident and the driver’s behavior.
If the driver was simply negligent, they could face civil penalties, such as fines and points on their driving record, along with being held liable for your injuries through an insurance claim or lawsuit.
However, if the driver was engaging in reckless behavior, such as speeding, driving under the influence (DUI), or fleeing the scene (hit-and-run), they could face criminal charges.
These charges could result in jail time, hefty fines, license suspension, and even more severe penalties like felony charges if the accident resulted in serious injury or death.
Insurance companies consider several factors when determining a settlement in pedestrian accidents. They typically evaluate the
extent of your injuries,
medical expenses,
lost wages, and
pain and suffering.
They also assess the driver’s liability, which includes reviewing police reports, witness statements, and whether the pedestrian was following traffic laws.
If the driver was clearly at fault, such as in cases of speeding or distracted driving, the insurance company may offer a higher settlement.
However, if the pedestrian shares some fault (e.g., jaywalking), the settlement may be reduced based on comparative negligence.
The goal of the insurance company is to minimize their payout, so having legal representation can help ensure you receive fair compensation.
In Oregon, the settlement for a pedestrian accident is typically paid by the at-fault driver’s auto insurance company.
The driver’s liability insurance is responsible for covering your medical bills, lost wages, pain and suffering, and other damages resulting from the accident.
If the driver is uninsured or underinsured, and you have uninsured/underinsured motorist (UM/UIM) coverage as part of your auto insurance, you can file a claim under your own policy to cover your damages.
Additionally, if multiple parties were involved in the accident, their insurance companies may also be liable for a portion of the settlement.
Maybe 3 law.
Maybe 4 law.
Maybe 5 law.
Maybe 6 law.
Maybe 7 law.
In Oregon, the statute of limitations for filing a personal injury lawsuit, including pedestrian accidents, is two years from the date of the accident. This means you have two years to file a lawsuit in court to seek compensation for your injuries.
Failing to file within this time frame can result in losing your right to pursue legal action.
However, exceptions may apply in certain cases, such as when minors are involved or when injuries are not immediately apparent.
If your claim involves a public entity or government agency, such as being hit by a government vehicle or injured due to poorly maintained public property, you must also comply with the Oregon Tort Claims Act (OTCA).
This law requires you to file a Tort Claim Notice within 180 days of the accident. The notice must include the accident’s details and be sent to the relevant government entity.
Failure to submit this notice within the 180-day timeframe can prevent you from pursuing a lawsuit against the public entity.
Therefore, if your case involves a government agency, it’s critical to act quickly and consult an attorney to meet both the tort claim notice deadline and the two-year statute of limitations.