If you have been a victim of an accident or know someone who has, it’s important that you understand your situation and seek legal advice when necessary. There are many reasons individuals who have been involved in a pedestrian accident might seek representation from a personal injury lawyer in Oregon. For one, it’s important that you take steps in holding at-fault parties responsible for the negligence that resulted in a said pedestrian accident.
With the rising popularity of smartphones and larger cars, pedestrian accidents have become all too frequent. Still, many find that navigating the legal system can be complex and even overwhelming. Here are some helpful pedestrian accidents FAQs that may help to point you in the right direction.
What Qualifies As A Pedestrian Accident?
Both drivers and pedestrians have a duty to follow the rules of the road and exercise reasonable care. A pedestrian accident is an accident involving a pedestrian and a motor vehicle, bicycle, or even a horse. For example, if you are hit by a car while on foot, that would certainly qualify as a pedestrian accident. However, qualifying as a pedestrian accident doesn’t necessarily guarantee that a plaintiff (pedestrian) is automatically awarded compensation by the operator of the vehicle (defendant). In fact, during a pedestrian accident, the person on foot must prove that the defendant was at fault for negligence in some way, such as:
- Speeding
- Distracted Driving
- Failing to Yield to Pedestrians at a Crosswalk
- Disobeying traffic signs or signals
- Failing to signal while turning
- Disregard for traffic conditions
- Driving under the influence
What Are The Most Common Pedestrian Accidents?
The most common pedestrian accidents occur during three events:
- A driver is distracted while operating their vehicle
- Driving while intoxicated
- Pedestrian is walking along a crosswalk before the signal
There are other pedestrian accidents that are known to happen, but those are the three most common accidents. Each one of these has a different outcome, as the person at-fault may change depending on circumstances.
What Are The Pedestrian Traffic Laws For The State Of Oregon?
As a pedestrian, there are several traffic laws that you must obey. If there is a car approaching the road that you are about to walk across, they have the right-of-way and you need to let them pass. When you are using a crosswalk, you must obey the traffic control signs, and the same goes for any other road signs or signals. If there is an emergency vehicle, it has the right-of-way, and you must let them pass.
When you are walking near a road, you must use the sidewalk/pedestrian path.
What Should You Do Right After You’re Injured In A Pedestrian Accident?
One of the most common pedestrian accidents FAQs is what to do. If you’re injured in an accident, there are important steps you should take if capable. For example, you should follow a step-by-step process to ensure proper documentation:
- take pictures of the accident
- document your injuries
- take pictures of the vehicle that hit you
- get the license plate of the vehicle.
- document eyewitnesses
If your injury is serious and you’re unable to take notes on your accident, it’s important to ask for assistance. Police can help aid in your case, or other witnesses that may have seen the accident occur and can testify on your behalf. You’ll want to file a report both with the police and DMV as soon as possible.
If I’m Injured, Should I Wait To Seek Medical Attention?
Do not wait to seek medical attention. You should visit your primary care doctor, urgent care, or hospital as soon as you can and depending on the severity of your injuries. If you’ve been badly injured, you should go to an emergency room.
When it comes to filing an injury claim, it’s important to receive medical documentation of your injuries as soon as possible, since that will make it easier for you to prove in court, and to your insurance company, the sheer extent of your injuries.
If You Are Injured In A Pedestrian Accident How Can You File A Claim?
This is an important pedestrian accident FAQ. Please ensure that you know how and where to file a claim for your injuries. In the state of Oregon, to file an injury claim you must go to your local DMV and file an Oregon Accident and Insurance Report. In this report, you’ll describe the accident that took place and the injuries that you’ve sustained.
When you’ve done that, you need to write down what you remember about the accident, and you also need to gather up any documents that you have. Ideally, these documents will be pictures, so that the insurance companies- and your attorney – understand what happened.
When you’ve done all of those things, you should hire a good attorney who will help you with your case and direct you on what your next steps are.
Why Is It Important To Hire An Attorney For A Pedestrian Accident Case?
Cases involving pedestrian accidents can be difficult due to the myriad of factors that must be considered. Factors such as establishing who was at fault for the accident, whether negligence took place, the damages that have been created, the compensation that you should be receiving, as well as various other factors.
An attorney will guide you on the proper course of action to make the entire process less stressful, while also making it far more likely that you’ll win your case and receive the compensation that you deserve.
What Is The “Statute Of Limitations” For Filing A Personal Injury Claim?
Statute of Limitations is probably the most common and important of pedestrian accidents FAQs. Please take note. In the state of Oregon, you have two-years from the day you were injured to either settle your claim or file a lawsuit. However, it’s best to contact an attorney as soon as you can, rather than waiting until the last minute. There are other time limitations for cases against public bodies and cases involving the defendant drinking at a bar. An attorney will know how to meet all the appropriate deadlines.
What Damages Are You Able To Receive Compensation For In A Pedestrian Accident Lawsuit?
In a pedestrian accident lawsuit, you are able to receive compensation for:
- medical bills
- lost wages as a result of the accident
- compensation for pain and suffering
The compensation that you will receive depends on the claim that you are making, as well as the damages that took place.
Who Is Ryan Hilts?
Ryan Hilts is an experienced and well-regarded attorney who specializes in personal injury law for the state of Oregon. If you, or anyone you know, have been injured in a pedestrian accident, then Ryan Hilts can help you take your claim to court, so that you are able to receive the compensation that you deserve.
