Portland is a vibrant city known for its parks, bridges and walking paths. With so many pedestrians sharing the road with motorists, there are bound to be accidents. If you are hit by a car walking along or across the street, you may not know your rights and feel like the accident is in some way your fault. Insurance companies will do everything in their power to use what you say to them against you to avoid paying you a fair settlement. The Portland pedestrian accident lawyers at Rizk Law understand how dangerous these accidents can be and the catastrophic injuries you are likely to sustain that may require extensive medical treatment and missed time at work. We have years of experience recovering compensation for Portland car accident injury victims. We can help take care of everything for you, including dealing with the insurance companies, so you can focus on your recovery. Our office is located just minutes from George Himes City Park and Willamette Park.
Contact us today for a free consultation to find out if you have a case and how we can help you obtain the compensation you deserve. Our firm charges no upfront costs of any kind and we only get paid if we are able to help you recover compensation for your injuries. There is no risk and no obligation to you.
Call 503.342.0783 to find out how our Portland car accident attorneys can help you.
What to Do If Involved in a Pedestrian Accident in Portland
Accidents can happen suddenly and unexpectedly. If you are struck by a vehicle, you may be in physical or mental shock. Fortunately, there are certain steps you should take after being involved in a pedestrian accident to protect yourself and ensure your legal rights, such as:
- Calling 9-1-1 for emergency medical help and receiving a full medical evaluation
- Taking pictures and videos of the accident scene, the car involved and your injuries
- Writing down the name, address and insurance information of the driver who hit you
- Gathering the names and phone numbers of any witnesses present at the scene
- Avoiding making statements to anyone, including to the driver and insurance company
After receiving medical attention, be sure to contact a skilled pedestrian injury attorney right away so he or she can get to work on your behalf. The sooner you contact a pedestrian injury lawyer, the sooner he or she can investigate and negotiate with the insurance company. If you wait, it might take longer to obtain the fair compensation you deserve.
Another reason to think about talking to a pedestrian accident lawyer in Portland right away is that you may need to file a lawsuit to obtain compensation. There are certain deadlines or statutes of limitations that set a time limit for how long you have to file a personal injury lawsuit for a pedestrian accident. (In Oregon, you have two years from the date of the accident to file a lawsuit.) After this date passes, you may no longer be able to file a lawsuit to obtain compensation for your injuries.
Although two years seems like a long time to file, it takes time for your pedestrian accident attorney in Portland to gather all the necessary information to prepare a strong case on your behalf. It is in your best interest to contact us as soon as possible so we can immediately start working on your claim. At Rizk Law, we are prepared to file a pedestrian accident lawsuit if the insurance claims process does not turn out the way you deserve.
Fill out our Free Case Evaluation form to get started.
Main Causes of Pedestrian Accidents in Portland, OR
Many pedestrian accidents occur when motorists disobey traffic laws or drive in a careless or negligent manner, which can cause serious injuries to pedestrians. According to the Oregon Department of Transportation’s latest traffic data, there were a total of 324 pedestrian accidents in Portland resulting in 311 injuries and 13 fatalities in 2016.
These accidents are often caused by drivers who:
- Drive while distracted
- Speed or drive recklessly
- Text or use a cellphone
- Fail to yield the right of way to pedestrians at crosswalks
- Disobey traffic signs or signals
- Fail to look for pedestrians while making a turn
- Drive while impaired by drugs or alcohol
- Disregard weather or traffic conditions
- Drive while fatigued or drowsy
- Fail to check blind spots
- Fail to stop at a red light or stop sign
Pedestrians are quite vulnerable to suffering severe and life-threatening injuries after being hit by car. Even if you feel fine after an accident, it is important to seek immediate medical help. Certain injuries may take a while to become apparent and without treatment, may worsen over time and possibly lead to permanent disability or impairment.
Some of the most common injuries from pedestrian crashes include:
- Broken bones
- Head trauma
- Internal bleeding
- Neck and back injuries
- Traumatic Brain injuries (TBI)
- Torn skin or tendons
- Cuts or bruises
- Spinal cord injuries
- Sore muscles
- Emotional trauma
- Amputation
- Fatalities
These injuries may require ongoing medical treatment, rehabilitation and counseling. A knowledgeable pedestrian accident lawyer in Portland, Oregon will work with you to determine an accurate value of your injuries and other damages from the accident to help you recover the compensation you are entitled.
What If the Accident Was Partially My Fault?
In some cases, a pedestrian may be partially at fault for an accident. This could include situations where the pedestrian was texting, talking on a cellphone, failed to use marked crosswalks, darted in front of traffic, or did not follow posted signs for pedestrians.
The state of Oregon follows a comparative negligence law. This means that pedestrians may be able to recover damages depending on their amount of fault for the accident (ORS 31.600). If you are found to be 50 percent or less liable for causing the accident, the compensation award will be reduced according to your percentage of fault. For instance, a compensation award of $100,000 will be reduced by 30 percent if you were 30 percent at fault. This would leave you with a total award of $70,000.
However, if you are found to be 50 percent or more liable for the accident, you will not have the right to obtain compensation for your injuries through a personal injury lawsuit.
Our experienced Portland personal injury lawyers know Oregon law and understand the rules concerning liability. We can review the details of your case and fight for the compensation owed to you. We will work to prevent you from being assigned more fault for the accident than is appropriate.
Contact our firm today by calling 503.342.0783.
Pedestrian Rights and Responsibilities
There are many instances where pedestrians have the right of way but are also required to exercise reasonable care for their own safety and the safety of other motorists. Pedestrians need to remain consistently aware of drivers and make their own intentions clear when sharing the road.
In Oregon, every intersection is considered a crosswalk, whether it is marked or not (ORS 801.220). Crosswalks may also exist between intersections if there are white lines painted on the pavement. A pedestrian is in a crosswalk when any part of their body (including a wheelchair, cane, bicycle or any other extension of their person) moves into the roadway with the intent to proceed.
Drivers who fail to stop for a pedestrian can receive a citation of at least $250. Oregon also has several statutes pedestrians must follow to avoid a class D traffic violation. These include penalties for failing to obey traffic control devices, obey bridge or rail-road signals, yield to a vehicle, ambulance or emergency vehicle, or use a pedestrian tunnel or overhead crossing, among others.
In addition to these regulations, Portland’s Bureau of Transportation has their own laws concerning the rights of pedestrians (Chapter 16.70). Pedestrians are not allowed to cross a street other than within a crosswalk if the crosswalk is within 150 feet. A pedestrian must also cross a street at right angles unless crossing within a crosswalk. At intersections where there is a school traffic patrol or crossing guard, every pedestrian must obey the directions given to them by the school traffic patrol or crossing guard.
At Rizk Law, we know how to identify who may be held responsible after an accident and how to recover just compensation for injured victims. Whether you need to file an insurance claim or a personal injury lawsuit, you need committed and reputable legal representation to protect your best interests.
Complete a Free Case Evaluation form today.
Compensation for Pedestrian Accidents
The costs and expenses from a pedestrian accident can be overwhelming, which is why it is critical that you have a trusted attorney to help you seek the compensation you need to cover your medical bills and other expenses. Our Portland pedestrian accident lawyers can help you fight for the maximum amount for your injuries and damages, which may include:
- Medical expenses – This includes the costs of emergency transport and medical treatment, hospitalization, surgeries, physical therapy, medication, medical equipment, home health care, and any other medical treatment for injuries from the accident.
- Lost earnings – Injuries often require extended time away from work for recovery and may also cause impairments that prevent victims from returning to their previous occupation, or from returning to work altogether.
- Permanent injuries – Catastrophic injuries such as TBIs or spinal cord injuries can result in permanent disabilities, including cognitive impairments or paralysis. Victims may be able to recover compensation for these permanent impacts.
- Pain and suffering – Serious injuries can also cause physical and mental pain and suffering, which may be compensable for pedestrians injured when hit by negligent drivers.
Fill out a Free Case Evaluation form so a pedestrian accident lawyer in Portland can review your claim.
Our Portland Pedestrian Accident Attorneys Are Ready to Help
Rizk Law handles many types of personal injury cases, including those involving seriously injured pedestrians. We advocate for the rights of injured accident victims and diligently pursue our clients’ rights to just compensation from negligent drivers.
If you have been injured in an accident as a pedestrian, set up your free, no obligation consultation today. We work on a contingency fee basis, which means there are no upfront costs or fees. You only pay for our services if we help you recover compensation for your case.
Our Portland pedestrian accident attorneys are ready to schedule your free consultation: 503.342.0783