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Most Americans know that driving a motor vehicle can be dangerous. But so can being a pedestrian on a sidewalk, in a crosswalk, or a parking lot. Almost 5,000 pedestrians are killed in car accidents every year. This is a whopping 15% of all auto accident deaths in the US. The dangers that pedestrians face also lead to 70,000 being treated for injuries in the ER annually.
Serious pedestrian accidents are a grim reminder of the hundreds of pedestrian injuries and deaths that occur in Portland each year. The Vision Zero Action Plan, which was adopted by the Portland City Council, calls for citizens and the city to take dozens of specific actions to put an end to traffic deaths. The critical action items include steps to deal with dangerous street designs and dangerous pedestrian and driver behaviors. The campaign is intended to grow public awareness of the importance of traffic safety.
The city has invested $300,000 in the program, which includes advertising and production costs, which are largely paid by cannabis tax revenue. It is hoped that this program will result in a marked decline in pedestrian injuries and deaths in the Portland area in the next five years.
Clearly, being struck by a car, truck or SUV can lead to serious injuries for pedestrians. If the pedestrian accident was caused by the driver, the pedestrian may be able to file a personal injury lawsuit in Oregon. If the pedestrian dies, her family may be able to file a wrongful death lawsuit to recover damages.
Always (!) consult the Portland Pedestrian Injury Attorney – 503-699-6496 – We are here 24×7 if you have questions.
A pedestrian is not merely a person walking on a sidewalk or by a road. Pedestrians may include:
Some of the most common places where pedestrian accidents happen are:
There are some pedestrian behaviors that could contribute to injury or death.
Negligence by the pedestrian in Oregon can reduce the damages awarded. Pedestrian negligence includes crossing where there is no crosswalk, cell phone distraction, wearing earphones.
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Who is to blame for the accident is the first thing to consider if you are thinking about filing a lawsuit for pedestrian injuries. For example, did the driver blow through a red light? Was he speeding? Was he drunk? Did you wander out into the street while using a cell phone? Did the accident happen in a crosswalk?
In most states, including Oregon, you as a pedestrian-only can recover damages in a lawsuit when the driver was more than 50% at fault. If you wandered into traffic while texting and there was nothing the driver could do to not hit you, there probably is no legal case here.
Let’s assume though that someone other than you the pedestrian is at fault. In some cases, more than one person causes a pedestrian accident. For instance, Driver 1 might run a red light, and Driver 2 has the green light and swerves to avoid Driver 1, but that swerve caused Driver 2 to lose control and hit you in the crosswalk.
In that case, you could sue Driver 1, even if that driver did not hit you. You actually could sue both drivers, as Driver 2 could share blame for not controlling his vehicle. It is most likely, however, that Driver 1 is mostly at fault and will pay the majority of damages.
There can be pedestrian accidents where both the driver and the pedestrian are at fault. For example, you might be crossing the street illegally and the driver is going over the speed limit. If it is determined that you were more than 50% at fault, you may not be able to collect damages; this is the comparative fault standard that is law in Oregon.
When the police come to the accident scene, they will get statements from you, the driver, and witnesses. Their purpose is to determine who was at fault. They may determine this at the scene or conduct an investigation and determine their conclusion later.
The police report will state who the responding officers think is at fault.
However, the insurance companies may dispute the finding; they usually will send out an insurance adjuster to the accident scene and view the damages to people and property.
If you think that your insurance company has assigned you more blame than you think is warranted, you should retain a personal injury attorney.
As an injured pedestrian, you usually may file an injury claim against the driver’s liability insurance policy. Most states mandate that vehicle owners and drivers must carry liability insurance to handle personal injuries to other parties.
In Oregon, the state requires that insurance companies cover your medical expenses and lost wages, regardless of who is at fault. This is known as personal injury protection insurance.
Note: Loss of enjoyment of life means the negative impact on your life from the accident. If you were paralyzed from the chest down and you used to be a runner, these damages would be much higher than if you were not active before the accident.
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:
Pedestrian injuries can require you to receive long term medical care and months or even years of rehabilitation. In the worst cases, the pedestrian may die from her injuries.
On Oregon roads, pedestrians usually have the right of way. Unfortunately, sometimes drivers do not drive with pedestrians in mind and a pedestrian accident occurs. These accidents happen far too often: In 2013, 4,735 pedestrians died in car accidents, and 66,000 were injured.
If you or a loved one was hit by a car and the driver was at fault, you may need the services of a pedestrian accident law firm, such as The Herron Law Firm.
If the driver hits you on a road, in a crosswalk, or parking lot, there is a good chance the driver broke a traffic law or was not practicing proper duty of care. While pedestrians can be liable in some accidents, it is more commonly the driver’s fault. And pedestrians usually have painful trauma and injuries that require a pedestrian law firm to get a fair settlement for them.
Your settlement for a pedestrian accident can include compensation for lost earnings, medical costs, pain and suffering, loss of companionship, and more.
Hiring a pedestrian accident attorney and going after a settlement does not just make sure the negligent driver pays: It helps to potentially offset months or years of recovery from the accident. Remember, these types of accidents usually involve serious, painful injuries with a potentially large settlement, so the attorney you have working for you can make all the difference.
A pedestrian accident attorney can help you to recover financial damages after you have been struck by a car. There are two ways this can be done:
For either of these options to be successful, you must prove the driver was at fault for the pedestrian accident and is responsible for your injuries. As drivers on the road, they have a duty to drive and behave in a manner that keeps pedestrians safe from harm. Your attorney will use evidence from the accident to demonstrate the negligence of the driver, including:
If it is determined the driver was at fault, they or their auto insurance policy are liable for your damages in the settlement. These may include:
Pedestrian accidents often involve serious pain and suffering because you were hit with a large, heavy car or SUV with no protection for you. You may be entitled to a substantial settlement for your accident injuries.
However, you can expect the driver’s insurance company to offer you a small settlement. Insurance companies try to limit their payouts even when their client is obviously at fault. You should never take the first settlement offer in a pedestrian accident case! Instead, call The Herron Law Firm to take over settlement negotiations for you.
In Tualatin, as well as everywhere else in Oregon, the pedestrian’s Personal Injury Protection (PIP) should cover your medical bills. This coverage should be on your personal auto insurance policy. If you do not own a car, you can make a PIP claim with any relative with whom you live. If you do not own a car and do not live with a relative who has car insurance, the car’s PIP that hit you should cover your medical bills. Your own health insurance also can cover your medical bills. But if the driver was at fault for hitting you, his insurance will probably need to reimburse your health and auto insurance eventually for what they paid for your injuries. If your injuries cost more than what PIP and your health insurance will cover, you can make a claim against the at-fault driver. You also can sue for pain and suffering. The pedestrian accident attorneys near Tualatin offer FREE Case evaluations. Contact Herron Law firm today to receive FREE Consultation.
Usually going to court is not necessary. Your attorney will try to negotiate the best possible settlement out of court. Your lawyer will file an insurance claim with the negligent driver’s auto insurance policy and try to get you as much money as possible. Attorneys understand you have injuries that need medical treatment and you need money as soon as possible.
However, in few cases, pedestrian accidents may end up going to court. That is when it really helps to have an excellent pedestrian law firm in your corner.
If you were hit by a car in Oregon and think you may be entitled to a personal injury settlement, contact The Herron Law Firm today. These are experienced car accident attorneys that know how to negotiate the best settlement possible for your pedestrian accident case. The consultation is complimentary, so please contact them today.
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Pedestrians are among the most vulnerable among us on our roads. Pedestrians have the legal right to move about safely where traffic is present. If you are hurt in a pedestrian accident, such as at a designated crosswalk, you could be entitled to obtain compensation from the driver who struck you.
Unfortunately, many pedestrian accident victims are children. The injuries that many children in these preventable accidents can be terrible:
If you or a loved one have been in a pedestrian accident, you could be left with head injuries, broken bones, internal injuries, and untold pain and suffering. Plus, you may have thousands of dollars in medical bills you cannot pay, lost earnings, and many out of pocket expenses. If it can be proven the driver was negligent, he could have to pay for your medical expenses and much more. The Herron Law Office is experienced in holding negligent drivers responsible who injure others in car accidents. Please contact our law offices today for a free consultation. We can determine quickly if you have a strong personal injury claim.