When pedestrians are struck by a car or truck, they’re at a higher risk for serious injury because nothing protects them from the impact force during a collision. These accidents, which are most common in crosswalks, parking lots and at intersections, often result in injuries like broken bones, blunt force trauma, traumatic brain injury, and even paralysis or death.
If you’ve been injured in a pedestrian accident, contact an experienced Hillsboro personal injury lawyer at Harris Velázquez Gibbens. We will explain your legal rights and help you explore all potential avenues of compensation for your injuries.
Pedestrian Accident Statistics in Oregon
According to a 2020 report by the Governors Highway Safety Association, between January and June 2019, 39 pedestrian fatalities were reported in Oregon. The following year, between January and June 2020, there were 33 pedestrian fatalities, representing a 15% decrease.
Despite this small drop, Oregon has the 17th-highest pedestrian fatality rate per 100,000 people in the U.S. In addition:
- Nearly 75% of these incidents occurred outside of an intersection
- Nearly 16% of the drivers involved were intoxicated
- Close to one-third of the pedestrians killed has a BAC of .08 or higher
Oregon Pedestrian Laws Explained
Even if a pedestrian complies with all the provisions in Oregon’s Vehicle Code, they still have a duty to exercise due care. For example:
- If an ambulance or other emergency vehicle has its emergency lights and/or siren on, pedestrians must yield to the vehicle.
- Pedestrians must not leave the curb or other place of safety and move into the path of a vehicle in a way that creates an immediate danger.
- Any pedestrian crossing the roadway outside of a crosswalk must yield to all vehicles.
- Unless a pedestrian is legally given the right of way over a vehicle on the roadway, they must always yield to a vehicle on the roadway.
- When crossing bridges and railroad tracks, pedestrians must obey all signs and can not cross through, around, over, or under barricades or gates while they are closed or in the process of closing or opening.
When someone intentionally obstructs vehicle or pedestrian traffic, they can be arrested for disorderly conduct in the second degree.
What Are Common Causes of Hillsboro Pedestrian Accidents?
Most pedestrian accidents occur because motorists are not paying attention or are driving aggressively or recklessly. In these cases, injured individuals or the families of those wrongfully killed can seek compensation by filing a personal injury claim or lawsuit against the liable party with a wrongful death attorneyhttps://www.harrislawsite.com/hillsboro-wrongful-death-attorney/.
You may have a case if the motorist who hit you committed any of the following wrongful or negligent behaviors:
- Failing to check for pedestrians before turning
- Driving under the influence of drugs or alcohol
- Texting while driving
- Reckless or aggressive driving
- Speeding, or driving too quickly for road or weather conditions
- Driving while fatigued
- Failing to yield the right of way
- Making unsafe or illegal turns
- Ignoring traffic control devices, such as red lights or stop signs
You could also have a claim if third parties were negligent and contributed to the accident. This could happen if a defective component prevented the driver from stopping in time to avoid hitting you or the roadway was defective, causing them to lose control.
At Harris Velázquez Gibbens, a Hillsboro pedestrian lawyer can examine the circumstances of your accident to determine who is liable. We realize the impact pedestrian accidents can have on victims as well as their loved ones, which is why we strive to recover the maximum amount of compensation for our clients.
What are Average Pedestrian Accident Settlement Amounts in Hillsboro?
Under Oregon law, you can sue to recover any damages you incurred due to your pedestrian accident. This includes economic damages like medical bills and lost income and non-economic damages like pain and suffering. However, because every accident is unique, there is no typical or average settlement amount.
The amount of settlement you receive will generally be based on the nature and extent of your injuries, your age and health prior to the accident, and how the injuries are expected to affect your life. If you were partially responsible for the accident, your compensation may be reduced by your share of fault under this state’s comparative negligence law. If you are found to be over 50% at fault, you can’t recover compensation at all.
By claiming that the victim’s degree of fault is higher than it is, insurers often try to reduce the amount of compensation they are responsible for paying. A Hillsboro pedestrian lawyer will advocate for you and block any attempt by the insurance company to deny you the compensation you are entitled to.
What Should I Do if I’ve Been in a Pedestrian Accident?
When you’ve been struck by a motor vehicle, your safety needs to be a priority. If you have visible injuries, don’t move. Instead, call 911 and request the police and an ambulance. If you don’t appear to be seriously hurt, call the police so that a report can be made and resolve to see your doctor as soon as possible. Some potentially serious injuries don’t show symptoms immediately, and you’ll need the medical report for your personal injury claim.
While you’re waiting for help to arrive, take the following steps if possible:
- Get the driver’s contact and insurance information.
- Take pictures of the accident scene.
- Collect the contact information of any eyewitnesses.
- Get the badge number of the police officer investigating the accident and request a copy of the report.
- If you called an ambulance, go to the hospital to be assessed and treated. Otherwise, see your doctor to confirm whether or not you’ve been injured.
- If a medical examination confirms that you have compensable injuries, contact a Hillsboro pedestrian lawyer and do not speak to insurers until you have legal representation. Harris Velázquez Gibbens offers free consultations to all new clients, so please call us today.
Why Should I Hire Your Law Firm?
Getting hit by a car or being injured in any way as a pedestrian in any way can have devastating consequences. Although you have the right to seek monetary damages, insurance companies rarely offer a full and fair settlement. They will fight you at every turn. They may even blame you for your injuries. With your life already complicated, you don’t need the added stress of a disputed or denied claim. That’s where a Hillsboro pedestrian lawyer can help.
Our attorneys will work tirelessly to ensure that you receive compensation after your accident. We will:
- Thoroughly investigate to determine what happened and identify fault and liability
- Review all medical evidence to confirm the extent and value of your injuries
- Seek compensation from all liable parties
We know what it takes to get your insurer to treat your case seriously and make a fair settlement offer. If they don’t, our team will gladly take your case to trial.
Get a Free Consultation From a Hillsboro Pedestrian Lawyer
Pedestrian accidents can devastate you physically, emotionally, and financially. Medical expenses, lost income, and the trauma of your accident can easily cost you hundreds of thousands of dollars. If a negligent driver put you in this position, the personal injury attorneys at Harris Velázquez Gibbens can help you hold them fully accountable. To schedule a no-obligation consultation, call 503-610-4398 or contact us online.