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.
The Pedestrian Is Not Usually At Fault
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.
What Can I Expect in a Pedestrian Accident Settlement?
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:
- By filing an auto insurance claim with the other driver’s auto insurance policy and negotiating a fair settlement based on your damages.
- By filing a personal injury lawsuit against the driver.
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:
- Photos of the accident scene, including your damages and injuries
- The police report, which usually includes a preliminary finding of who was at fault for the accident
- Doctors’ records from any treatments you have received
- Statements from eyewitnesses
- Bills and other documents that show your damages and costs stemming from the accident
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:
- Medical bills for your doctor’s visits and injury treatments
- Time you missed from work because of your injuries and treatments
- Any property damage to your vehicle
- Pain and suffering costs, which are common in pedestrian cases because of severe injuries
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.
Do I Need to Go To Court For My Pedestrian Accident Case?
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.
Need A Pedestrian Accident Attorney? Call The Herron Law Firm
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.