Pedestrian Accident Attorney in Portland, Oregon

Being a pedestrian in Portland or any other big city in Oregon can be quite dangerous. Pedestrian accidents are common at intersections, but can also occur in parking lots, when exiting a taxi or bus, or even when walking or jogging on a sidewalk or the side of the road.  

If you or someone you love was hit by a car and sustained injuries, contact Injury Lawyer PDX, LLC for legal help. As a pedestrian accident attorney in Portland, I can help you understand your rights and explain the process of recovering compensation. With an office in Portland, I also proudly serve injured pedestrians and other accident victims throughout Marion, Lincoln, Washington, Clackamas, Multnomah, and Tillamook Counties. Set up a consultation with me today. 

Oregon Laws Concerning Pedestrians

All pedestrians in Oregon must ensure roadway safety just like other parties on the road, including motorists. According to the official website of the State of Oregon, pedestrians in Oregon must also adhere to the following requirements:  

• Pedestrians are not allowed to leave a place of safety (e.g., the curb) and move into the path of a moving vehicle in a manner that would create an immediate hazard.  

• Pedestrians must always yield the right of way to vehicles when crossing the road at any point other than a crosswalk or unless specifically granted the right of way.

• Pedestrians must always obey railroad and bridge signals.  

Under Oregon law, drivers must yield the right of way to pedestrians on a sidewalk. This situation usually occurs when a driver needs to drive into or out of a parking lot, driveway, or alleyway. In Oregon, drivers who cause physical injuries to pedestrians due to reckless operation of the vehicle can be charged with vehicular assault.  

Can a Pedestrian Be Held at Fault?

If a pedestrian accident occurs when a pedestrian suddenly leaves a curb and gets hit by a vehicle, the pedestrian may be held responsible for their own injuries unless the motorist could have prevented the collision through reasonable efforts.  

The same can be said about accidents that occur when a pedestrian fails to yield the right of way when crossing at any point other than a crosswalk. Depending on the facts, either the pedestrian or the driver (or both) may be held responsible for the accident.  

However, even if a pedestrian violates Oregon’s vehicle code regarding their responsibilities, the driver who hits the pedestrians is not relieved from ensuring roadway safety and operating the vehicle with due care.  

Determining Fault

Oregon is an at-fault state. So when a pedestrian accident occurs in an at-fault state, the party responsible for causing the accident (usually the driver) is liable for all damages caused to the victim (usually the pedestrian). This means that if you are a pedestrian injured after being hit by a vehicle, you might be entitled to compensation from the driver’s insurance company.  

However, determining fault in a pedestrian accident can be complex. Drivers often try to shift the blame to the pedestrian, resulting in prolonged litigation and delayed recovery. In some cases, it is possible that both the driver and the pedestrian share some degree of fault for the accident.  

Modified comparative negligence is a legal doctrine that allows for the determination of fault based on the behavior of all parties involved in the accident. In Oregon, you can recover damages for a pedestrian accident only if your degree of fault is less than 51%.  

Here’s how it works: Let’s imagine that a pedestrian darts out onto the road without looking, and a driver hits the pedestrian while driving above the speed limit. In this case, the driver may claim that the pedestrian was at fault for the accident. If it’s determined that the pedestrian was 40% at fault for the accident, then the pedestrian’s recovery of damages is reduced by 40%. 

Statute of Limitations & Available Damages

In Oregon, the statute of limitations for a personal injury claim resulting from a pedestrian accident is two years from the date of the accident. This means that you have two years to file a lawsuit or settle the claim before the time runs out. If you don’t, you will no longer be allowed to file a claim. Reach out to a pedestrian accident attorney in Portland, Oregon, as soon as possible after your accident to ensure that your claim is filed before the statute of limitations expires.  

As a victim of a pedestrian accident, you may be entitled to compensation for damages such as medical expenses, lost wages, and property damage, among others. Each case is unique, which is why recoverable damages vary greatly from one case to another.