Portland Pedestrian Accident Attorney
Portland pedestrian accident lawyer Travis Mayor has years of experience protecting the rights of pedestrians injured by cars while walking the streets of Portland or surrounding communities. Issues such as insurance, right-of-way laws, establishing at-fault liability, and seeking fair and equitable compensation are only a few of the ways we can help if you have been injured in a pedestrian accident. When you hire Mayor Law, LLC, not only will you receive the highest quality representation, but you will also have an attorney who is accessible.
Travis is ready to learn about your injuries and provide insight into what your Oregon auto accident injury claim is worth.
Call today for your free and confidential case evaluation: 503-444-2825 or 1-800-949-1481.
Challenges Facing Oregon Pedestrians
More and more Oregonians are taking advantage of opportunities to walk, jog or run as a means of exercise, recreation, and transportation. This increased level of personal exercise creates a growing challenge for Portland and surrounding cities to integrate pedestrians into city traffic patterns.
In the U.S. there were more than 70,000 reported pedestrian injuries in 2011, which resulted in 4,432 fatalities. Unfortunately, Oregon is not immune to this type of accident. In fact, Oregon experienced a 20% increase in the number of injuries and fatalities from pedestrian accidents in 2012, which makes pedestrian accidents more frequent and devastating than motorcycle, bicycle, bus, and truck accidents in Portland.
Oregon has implemented exclusive pedestrian signal phases, sidewalks, overpasses and underpasses, raised medians, and pedestrian-activated high-intensity crosswalk (HAWK) signals, in an effort to reduce pedestrian accidents and motor vehicle speeds. In a recent study, sponsored by AAA Foundation for Traffic Safety, it was concluded that the average risk of serious pedestrian injury was 10% at an impact speed of 17 mph, 50% at 33 mph, and 90% at 48 mph. Reducing vehicle speeds will allow motorists and pedestrians more time to react to accident causes and decrease the severity of any impact. If you are hit at 40 mph you have an 80% chance of death; but if you are hit at 30 mph you have an 80% chance of survival.
Because pedestrians are not protected with air bags or helmets their injuries are usually severe. Head and Traumatic Brain injury (TBI) increases significantly with the age of the pedestrian, with an incidence rate of almost 24% in accidents where the pedestrian is over age 65. Serious spinal cord injuries (SCI) occur in 5% of the accidents, with the elderly 21 times more likely to suffer spinal trauma. All age groups suffered serious fractures with the most common injury being Tibia and Pelvic fractures.
While efforts to protect pedestrians have produced positive results, vulnerable pedestrians are still subject to debilitating injuries caused by drivers unaware of their presence, or right-of-way laws. If you have been seriously injured in a pedestrian accident, you need the assistance of an experienced Portland pedestrian accident lawyer.
Seeking Insurance Coverage for Medical Bills after a Pedestrian Accident
Seeking coverage for your medical expenses can be a daunting proposition especially when dealing with insurance adjusters, who are aggressively representing their companies and attempting to obtain the lowest possible settlements.
If you have been involved in a pedestrian accident where your medical expenses and lost wages exceed the limits covered by PIP insurance, then you need to review your case with an experienced Portland pedestrian accident lawyer.
An experienced Portland personal injury attorney like Travis Mayor at Mayor Law, LLC can maximize your personal injury settlement while dealing with the complexities of insurance, liability issues, and also protecting your rights.
Pedestrian Accident Frequently Asked Questions (FAQs)
I was injured in a pedestrian accident in Oregon and I want to file a claim for my injuries — what should I do?
Answer: There are many things you should do, and not do, if you have been injured in an Oregon pedestrian accident and need to file a claim for your injuries.
First, because you were injured in an accident Oregon law requires you to file an Oregon Accident and Insurance Report directly with the Oregon DMV within 72 hours (three days) of the accident.
Second, take time to record (written notes) what you remember about the accident details: what happened, who was involved, details of the accident location, names of involved parties and witnesses, and comments made by anyone involved in or witnessed the accident.
Third, preserve any documents or information you have such as pictures, recordings, information exchanged, etc.
Forth, seek the help and assistance of an experienced Portland pedestrian accident lawyer to evaluate the merits of your case and guide you on what to do next. We always recommend having your attorney deal with insurance company adjusters and their attorneys, and be sure not to provide a recorded statement to any insurance company without first discussing the statement with your attorney. Having an experienced Oregon pedestrian accident attorney on your team will change how the insurance company addresses any potential settlement, and the degree to which they take your claims seriously.
As a pedestrian, what responsibilities and duties do I have to avoid accidents?
Answer: Pedestrians have a duty of care to obey traffic laws and observe and avoid traffic conditions which might cause accidents. In specific, Oregon’s Revised Statutes [link to ORS 814] require pedestrians to:
- Execute appropriate responses (Walk, Wait, or Don’t Walk) to traffic control devices;
- Obey bridge or railroad signals;
- Yield the right-of-way to an approaching vehicle when a pedestrian suddenly moves into the path of a vehicle that is so close as to constitute an immediate hazard, or when a pedestrian crosses a roadway at any point other than a marked crosswalk, or when a pedestrian fails to yield the right-of-way to vehicles on a roadway;
- Yield the right-of-way to emergency vehicles;
- Use pedestrian tunnels or overhead crossings to cross roadways (if provided);
- Properly position upon or proceed along a highway (i.e. use sidewalks, shoulder of roadway, or outside edge of roadway depending on the roadway circumstances).
If you fail to provide this duty of care you can be held liable for injuries sustained by others in an Oregon pedestrian accident, or you may be assessed a portion of the responsibility for the accident, called contributory negligence, and have any settlement amount you might receive reduced by your percentage of contributory negligence.
How much time do I have to file a claim / lawsuit after an Oregon pedestrian accident?
Answer: The simple answer is two years from the date you were injured; however there are numerous exceptions which can shorten or increase the time frame. These exceptions have to do with filing various notices such as a Dram Shop Notice (if you are suing a party that served liquor to the defendant), or Tort Claim Notice (if you are suing a public entity such as TriMet) which must be filed within 180 days of the incident. On the other hand, there are increased limits for cases involving a fatality, or minors under the age of 18. These are a few of the complications that may affect the statute-of-limitations. From a practical point-of-view, it is difficult to take any case where you are backed up against the statute-of-limitations because of the effort required to prepare and file a law suit. So even though the time frame may not have expired it is in your best interests to contact an experienced Portland Pedestrian Accident Attorney sooner rather than later to evaluate your case and determine an appropriate course of action based on all of the case facts.
Should I seek the advice of a Pedestrian Accident Attorney to help guide me?
Answer: Yes, personal injury cases involving Oregon pedestrian accidents can be quite complicated, and involve issues such as determining who was at fault, contributory negligence, and presenting effective arguments to establish damages, all of which may involve expert witnesses and accident reconstruction. In these instances, it is smart to review your case with an experienced Oregon Pedestrian Accident Attorney and determine if the case complexities warrant the help of an experienced attorney. Initial case evaluations are free and can assist you in determining the merits of your case and potential settlement strategies.
I was hit by a bicyclist while in a crosswalk – doesn’t that mean the cyclist is at-fault?
Answer: Not necessarily. It would depend on the specific circumstances of the accident. If you were attempting to cross at an intersection against a red light, you would be deemed to be at-fault. On the other hand, if the cyclist ran a red light or failed to stop at a stop sign, and subsequently struck you, then the cyclist would be at-fault. All pedestrians must exercise reasonable care for their own safety such as, obeying the “walk” signal at an intersection, or failing to use marked crosswalks. If a pedestrian fails to exercise such care, they may be assessed a portion of the responsibility for the accident, called contributory negligence. In these circumstances, damages you receive would be offset by the percentage of your contributory negligence. Determining who was at fault can require a significant amount of investigation. For example, a pedestrian who attempts to cross an intersection, within the crosswalk, and with a green traffic light, but against a flashing red do-not-walk indicator, may find themselves between 50-100% at fault for causing an accident, if they are subsequently hit. It is always a good idea to retain an attorney in a pedestrian accident case where significant damages have been incurred, or questions related to a fault and comparative negligence arise. In these instances, an experienced Oregon Pedestrian Accident Attorney can hire expert witnesses to reconstruct the accident, develop graphics to communicate the accident events, address legal questions of liability, and help determine at-fault responsibility.
Where do most Oregon pedestrian accidents occur? What factors increase the probability of being involved in an Oregon pedestrian accident?
Answer: More than 2/3 of Oregon pedestrian accidents take place in urban locations, with most serious accidents occurring at non-intersections or on urban roadways. More than any other day of the week, pedestrians have the highest probability of being involved in an accident on Saturday and Sunday, and more than 2/3 pedestrians killed our male.
For pedestrians, the riskiest actions and behaviors, linked to pedestrian accidents, include the following:
- Improper crossing of the roadway or intersection (27%)
- Walking against traffic (25.4%)
- Failure to yield right-of-way (13.9%)
- Darting or running into traffic or a roadway (12.1%)
- Not visible to driver (9.8%)
- Failure to obey traffic control (1.5%)
- Other (10.0%)
For drivers, the riskiest actions and behaviors, linked to pedestrian accidents, include the following:
- Speeding – driving over the posted speed limit (9.9%)
- Failure to yield right-of-way (9.3%)
- Drugs (9.0%)
- Distracted or inattentive (7.3%)
- Failure to keep improper lane (4.6%)
- Operating the vehicle in a reckless manner (3.6%)
- Hit-and-run driver (19.8%)
- Other (37.5%)
Getting Results for Injured Pedestrian Victims in Oregon
At Mayor Law, LLC our goal is to help you restore your life after you have been injured as a pedestrian by reducing the hassles and inconvenience during your recovery, while maximizing your financial compensation. Travis Mayor has recovered millions of dollars for his personal injury clients. For every Oregon pedestrian accident client, Travis offers personal service with proven results.
Email us today for a free consultation. At Mayor Law, LLC, we fight for justice for injury victims of Oregon car accidents, and we fight to win! You pay nothing up front and nothing unless you win your personal injury case.