Top-Rated Pedestrian Accident Lawyer Portland in Oregon

Accidents involving pedestrians are incredibly common. Not only that, they have a high likelihood of resulting in the death of the unprotected pedestrian. There are more vehicles on the road, more distractions such as mobile phones, and an epidemic of speeding. All of these factors contribute to the number of pedestrians struck every year. The more people who are injured by cars while walking, the more important it is for personal injury lawyers who specialize in pedestrian accidents to fight for their clients’ rights.

When two cars collide, there is a chance that the protective structure of the car will protect the occupants from serious injury and death. Pedestrians do not have a steel cage around them and are more likely to suffer from catastrophic injuries. This means that they will have to worry about medical costs, recovery, and lost income from not being able to work.

Too many pedestrians do not realize what their rights are and what they should do in the aftermath of an accident. If you are struck by a car, then your first step should be to get medical attention. Once everything has settled and you are safe, you should then call a personal injury attorney as soon as possible. Our Oregon pedestrian accident attorney will fight for your rights at all times and provide you with the guidance you need to make the right decision for your case.

Crosswalk Laws

There are many laws that protect pedestrians in Oregon. As long as people are walking in certain legal spaces, then they have very strong protection under the law. For example, ORS 814.010 states that drivers have to yield to pedestrians if pedestrians are legally using the road. This includes using a crosswalk or a crossing light. Here is a listing of the laws that pertain to crosswalks and the responsibilities of drivers:

(1) The driver of a vehicle commits the offense of failure to stop and remain stopped for a pedestrian if the driver does not stop and remain stopped for a pedestrian when the pedestrian is:

(a) Proceeding in accordance with a traffic control device as provided under ORS 814.010 or crossing the roadway in a crosswalk; and
(b) In any of the following locations:

(A) In the lane in which the driver’s vehicle is traveling;
(B) In a lane adjacent to the lane in which the driver’s vehicle is traveling;
(C) In the lane into which the driver’s vehicle is turning;
(D) In a lane adjacent to the lane into which the driver’s vehicle is turning, if the driver is making a turn at an intersection that does not have a traffic control device under which a pedestrian may proceed as provided under ORS 814.010 ; or
(E) Less than six feet from the lane into which the driver’s vehicle is turning, if the driver is making a turn at an intersection that has a traffic control device under which a pedestrian may proceed as provided under ORS 814.010 .

(2) For the purpose of this section, a bicycle lane or the part of a roadway where a vehicle stops, stands or parks that is adjacent to a lane of travel is considered to be part of that adjacent lane of travel.
(3) This section does not require a driver to stop and remain stopped for a pedestrian under any of the following circumstances:
(a) Upon a roadway with a safety island, if the driver is proceeding along the half of the roadway on the far side of the safety island from the pedestrian; or
(b) Where a pedestrian tunnel or overhead crossing has been provided at or near a crosswalk.
(4) For the purposes of this section, a pedestrian is crossing the roadway in a crosswalk when any part or extension of the pedestrian, including but not limited to any part of the pedestrian’s body, wheelchair, cane, crutch or bicycle, moves onto the roadway in a crosswalk with the intent to proceed.
(5) The offense described in this section, failure to stop and remain stopped for a pedestrian, is a Class B traffic violation.

 

Why do Pedestrian Accidents Most Commonly Happen?

There are several factors that lead to pedestrian accidents in Oregon. They include:

• Drivers distracted by mobile phones, electronic devices, performing personal grooming, or talking to other occupants.
• Abuse of alcohol or drugs that impair the ability to drive.
• Speeding.
• Drivers that do not respect the right of way of pedestrians when crossing the road. Most pedestrians are killed in this situation.
• Drivers not signaling when making a turn. If a driver does not signal, a pedestrian will not know that they are turning, and might walk directly into the vehicle.
• Poor visibility. This can happen when the sun is in a driver’s eyes, or at night when there is very little natural light.
• Driving recklessly. There are several forms of reckless driving, including speeding, driving while fatigued, ignoring road laws, and drunk driving. Being fatigued and being under the influence of alcohol have essentially the same effect on a person’s ability to drive.

Injuries Suffered as a Result of Pedestrian Accidents in Oregon

Injuries to pedestrians tend to be very serious and require them to undergo a great deal of medical treatments and go through long recovery periods. The upper part of the body is particularly susceptible to injury. This can include head and brain injuries, neck injuries, and facial injuries. Head, brain, and neck injuries, in particular can lead to life-long and disabling conditions. The most common injuries that pedestrians suffer in accidents include:

• Brain injuries that cause paralysis and death
• Injuries to internal organs
• Spinal cord injuries that can lead to paralysis
• Sprained and torn ligaments
• Bone fractures in the pelvis, legs, arms, hips, ribs, and collarbone
• Lacerations on the face, scalp, legs, arms, and hands

Unfortunately, pedestrians do not have safety equipment or protection like drivers or even cyclists do. You are more likely to suffer a catastrophic injury or even death. Children, in particular are at risk, since they are smaller and not as strong as adults. The periods of the year, such as fall and winter, are very dangerous because the days are shorter and there is less natural light. Pedestrian accidents are more common during these seasons, so you need to take extra care.

Why Do You Need a Portland Personal Injury Lawyer to Help With a Pedestrian Accident Case? 

If you or a loved one has been in a collision with a car as a pedestrian, then you may be entitled to compensation for injuries or worse. That said, it can be hard to get that compensation without the help of an attorney. Insurance companies will do whatever they can to avoid paying out, and you may have to fight tooth and nail for what you deserve. Instead of taking on that task yourself, why not trust it to experienced and knowledgeable pedestrian accident attorneys in Oregon. Here is what an attorney can do for you:

• They will be able to assess your case and determine how much compensation you deserve for your injuries, medical bills, lost income, and rehabilitation
• They can provide you with advice and guidance
• They will investigate and determine who is at fault and who is liable for your injuries
• They can act as an intermediary and negotiate with insurance companies.

What Type of Compensation Can Be Awarded in a Pedestrian Accident Case?

If you want to receive compensation for your pedestrian accident case in Oregon, then you have to prove that another party is liable for the accident. The obvious culprit is the motorist that struck you, but that might not be the case in your situation. The police will investigate the accident by examining the scene, interviewing witnesses, and taking a look at any other evidence there might be. Evidence could include cell phone video, or even phone records that show if the driver was talking at the time of the accident. Accidents that happen at busy intersections will often have witnesses who saw the entire incident unfold. If you think a driver is liable for your accident, then a personal injury attorney can help you understand how the police process works and how their work can apply to your case. Unfortunately, sometimes there are unique circumstances that can make it hard to determine fault, including:

• Poorly marked crosswalks which can make it difficult to determine whether the pedestrian was using a legal crosswalk or crossing against a light. That said, even if a pedestrian was jaywalking, it does not mean that a motorist cannot be at fault for striking them.
• Construction areas can also cause confusion. Sometimes pedestrians have to walk in the street to avoid blocked sidewalks and they may get struck. While a motorist may still be liable, it can be harder to prove.

There is a great deal of evidence that can be used for a personal injury case. This can include police reports, witness statements, and medical evaluations. As someone who has suffered an injury, this can be a lot to worry about on top of dealing with insurance companies. This is why an attorney is so valuable to your case. You can focus on resting and rehabilitating while the lawyer works on your case for you.

You might think that you have an open and shut case. You were walking on the street and got hit by a car, so it was closed. However, even if it seems elementary, the truth is that there are several ways that even a seemingly obvious case can go wrong. The motorist will have an opportunity to dispute your version of events, and they may be convincing, regardless of what the truth might be. Plus, insurance companies will try to pay out less than what you deserve. They can often be intimidating and persuasive, causing you to accept a lower amount than you should.

An experienced attorney will take a look at all of the facts of the case to figure out what a fair compensation amount should be. They have spent years working on cases just like yours and know what the insurance companies will try to do. Even if an insurance company offers seems fair on the surface, it may not be a proper representation of what you are owed. For example, their offer should also account for your lost income if you aren’t able to work. It should also factor in long-term medical bills and rehabilitation costs beyond your immediate medical needs. As your bills pile up, you will regret accepting an offer that seemed fair at the time but ended up being woefully inadequate.

The Aftermath of Getting Hit While in a Crosswalk

When you are struck by a car or a truck, the best thing to do is seek medical attention right away. After that, you should contact an Oregon pedestrian accident law specialist to help you. Pedestrian accident cases can become very complicated and frustrating. An attorney can help you understand the next steps in your case and provide you with the information to make the right decisions to get the best compensation possible. It can be a hectic time after suffering from an accident, but do not delay on contacting a lawyer. It’s always best to contact them as soon as possible to start working on your case while the facts are fresh in everyone’s minds.

FAQs Regarding Pedestrian Accidents

Here are some of the most common questions that we get regarding pedestrian accidents.

If the insurance company provides me with a settlement offer, should I accept it? 

It is never a good idea to accept the first offer an insurance company provides to you. In the vast majority of cases, they will make a low-ball offer hoping that you will accept it. It is always best to consult with a pedestrian accident lawyer to see what the appropriate compensation amount would be.

What if I was not crossing in a legal crosswalk? 

The law is structured so that the onus is on the driver to avoid pedestrians. This is true whether the pedestrian is at a crosswalk or jaywalking. If a car strikes you while you are a pedestrian, then you almost always have the right to pursue a claim against the driver.

If I make a claim, will there be a trial? 

Not all cases go to trial. Most of the time they are settled without having to go to court, however if you are not satisfied with the compensation offer presented to you, then you may choose a trial to get what you deserve.

A personal injury pedestrian accident attorney is dedicated to helping clients who are the victims of a pedestrian accident. They will file all necessary paperwork to make a claim, and work with the insurance companies to get a fair settlement. An attorney’s office can also help you with scheduling your medical appointments at approved providers and providing guidance on how to move forward with your case. Contact a knowledgeable attorney as soon as possible. You can get a free consultation to determine whether you have a case to make against a negligent party.

 

For Over 30 Years Tim Jones PC Personal Injury Attorney Has Been Assisting Oregonians with Their Legal Needs.

Oregon is a state that encourages walking – to work, to school – often in areas that share the roads with motor vehicles, bicycles, and light transit. Add Oregon’s rainy weather, distractions tempting drivers, or our increasingly crowded roads, and pedestrians can sustain serious injury or even death in the event of an accident.

Even a low-speed impact between a motor vehicle and a pedestrian can result in severe injuries or death. According to the Center for Disease Control and Prevention, pedestrian accidents have accounted for a spike in total traffic deaths since 2007.

Oregon is not immune from this spike in traffic fatalities. The number of pedestrian deaths in Oregon has increased markedly, and the Portland Bureau of Transportation has worked to mitigate the growing issue, even installing flashing beacons at crosswalks on many busy streets. Even though pedestrians often have the legal right-of-way, too many end up in emergency rooms – or don’t survive – as a result of motor vehicle collisions.

Severe injuries often result when a pedestrian is struck by a motor vehicle. According to the National Institutes of Health, the most common injuries incurred by pedestrian crash victims are:

• Injury to upper or lower extremities
• Head injury
• Internal trauma
  

  If you or a loved one has been seriously injured – or lost their life – in a pedestrian injury, contact attorney Tim Jones now. Tim cares, and he can help.