senft injury advocates practice areas: oregon pedestrian accident lawyer

Oregon Pedestrian Accident Lawyer

Pedestrian Accident in Oregon? We Don’t Get Paid Unless You Win. Contact Senft Injury Advocates For Risk-Free Advocacy.

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Oregon Pedestrian Accident Lawyer

Oregon, known for its walkable cities and active outdoor lifestyle, sees a significant number of pedestrian accidents. In 2021 alone, there were 739 reported pedestrian accidents, with 684 of these incidents resulting in injuries. If you or a loved one has been involved in such an accident, having an Oregon pedestrian accident lawyer by your side is vital to navigate the legal complexities and ensure your rights are protected.

Why Choose Us?

Senft Injury Advocates stand out due to our holistic approach to handling pedestrian accident cases. Our firm understands the physical, emotional, and logistical challenges that come with recovering from an accident. We provide comprehensive support, guiding our clients through the legal process while also addressing their well-being. Our firm ensures that each client receives personalized care, with direct access to seasoned attorneys who handle every aspect of your case—from legal representation to connecting you with medical professionals if needed.

We operate on a contingency fee basis, meaning you pay nothing unless we win your case. This approach allows you to focus on recovery without the stress of upfront legal fees. Our commitment is to secure the maximum compensation possible, managing all the intricacies of your case so you can concentrate on healing.

Steps After An Oregon Pedestrian Accident

If you’ve been involved in a pedestrian accident in Oregon, taking the right steps immediately afterward can significantly impact the outcome of any potential legal case.

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Ensure Health & Safety

Move to a safe location if you can. Moreover, assess yourself and others for injuries. Call 911 if medical attention is needed.  Even if you feel fine, some injuries may not be immediately apparent.

Report The Pedestrian Accident

Contact law enforcement to file a report. Depending on the severity of injuries and property damage, Oregon may legally require you to report the accident.

Gather Information

Swap contact and insurance details with the other involved parties. Take photos of the accident scene, including all vehicles involved, damages, and any relevant road conditions or signs.

Consult An Oregon Pedestrian Accident Lawyer

Before settling with insurance companies, consulting with an Oregon pedestrian accident lawyer can help protect your rights and ensure fair compensation.

Frequently Asked Questions

Pedestrian accidents in Oregon are commonly caused by factors such as distracted driving, drivers failing to yield at crosswalks, speeding, poor visibility, and alcohol impairment. Urban areas, especially intersections, are frequent sites for such accidents due to higher vehicle and pedestrian traffic.

Yes, motor vehicle drivers in Oregon are legally required to respect pedestrians on the roads, adhering to specific guidelines and rules to ensure pedestrian safety and right-of-way. Oregon law mandates that drivers must stop at all crosswalks—marked or unmarked—until pedestrians have cleared the lanes.

This requirement also extends to when drivers are turning at traffic signals. They must ensure pedestrians have completely crossed both the lane into which they are turning and an additional six feet beyond. Drivers should never overtake another vehicle stopped at a crosswalk and should maintain a prudent distance from crosswalks on multi-lane roads to improve visibility and reaction time to pedestrian movements.

To enhance safety, pedestrians are advised to use crosswalks, which are present at every corner, and walk on sidewalks or facing traffic if no sidewalk is available. For visibility, wearing bright or reflective clothing and using a flashlight during low-light conditions are recommended.

Pedestrians have specific rights and responsibilities designed to ensure their safety and the orderly flow of traffic. This includes:

  • Right-of-Way at Crosswalks:Pedestrians have the right-of-way in all crosswalks at intersections. Vehicles are required to stop and remain stopped for pedestrians until they have cleared the lanes.
  • Signalized Intersections:At intersections with traffic control signals, pedestrians must follow the signals and cross only during designated walking times.
  • Sidewalks and Shoulders:Where sidewalks are provided, pedestrians should use them. If no sidewalk is present, pedestrians should walk on the left side of the road facing traffic, which gives them the best view of incoming traffic and the ability to react if needed.
  • Obey Traffic Signals:Pedestrians must obey the instructions of any traffic control device specifically applicable to the pedestrian unless otherwise directed by a police officer.
  • Alcohol and Drugs:Just like drivers, pedestrians are expected not to be impaired by alcohol or drugs.
  • Avoiding J-Walking:Pedestrians should not suddenly leave a curb or other place of safety to walk or run into the path of a vehicle, making it impossible for the driver to yield.

In Oregon, the general statute of limitations for filing a pedestrian accident claim is two years from the date of the accident. This means you have two years to initiate legal proceedings to seek compensation for injuries. However, there are important exceptions that can affect this timeframe. If your injuries involved an intoxicated driver and you believe an alcohol-serving establishment contributed to the impairment of that driver by serving alcohol when they shouldn’t have, you must act more quickly. For such cases, a Dram Shop Notice must be filed within 180 days of the incident. This notice is crucial for preserving the right to hold the establishment accountable under these laws.

For minors involved in pedestrian accidents, Oregon law provides an extension. The statute of limitations does not begin until the minor reaches the age of 18. Consulting with a knowledgeable Oregon pedestrian accident lawyer can provide critical guidance and ensure that all necessary legal steps are taken within the appropriate timelines.

Yes, Oregon follows a comparative negligence rule, allowing recovery even if you are partially at fault, though your compensation may be reduced by your percentage of fault. You could be at fault if you were jaywalking or texting and not paying attention crossing the road. If it’s determined that your actions contributed to the accident, your compensation will be reduced by the percentage of fault attributed to you. For example, if you are found to be 20% responsible for the accident, and the total damages amount to $100,000, you would receive $80,000.

If you’ve been injured in a pedestrian accident in Oregon, you are entitled to seek various types of compensation to cover both the tangible and intangible losses you’ve experienced. Here’s what you might expect to claim:

  • Medical Expenses: This covers all medical treatments related to the accident, including emergency room visits, hospital care, surgery, medication, and ongoing treatments such as physical therapy or rehabilitation. Future medical costs can also be claimed if ongoing care is anticipated.
  • Lost Wages: Compensation can be sought for wages lost due to time taken off work for recovery. This includes missed salary and lost earning capacity if your injuries prevent you from returning to your previous employment or from working at the same capacity as before the accident.
  • Pain and Suffering: This is meant to compensate for the physical pain and emotional distress you have suffered because of the accident. The amount varies widely as it is subjective, but it generally correlates with the severity of your injuries and their long-term impact on your quality of life.
  • Loss of Enjoyment: If your injuries prevent you from enjoying day-to-day activities or hobbies that you participated in prior to the accident, you may be able to seek compensation.
  • Loss of Consortium: In severe cases, significant others can claim loss of consortium, which compensates for the impact of injuries on family relationships.
  • Other Related Damages: You might also be able to claim for other costs incurred because of the accident, such as home modifications (like wheelchair ramps or stairlifts), and transportation costs to and from medical appointments.

In Oregon, pedestrians can be considered at fault for a car accident under specific circumstances defined by state law. Key situations where a pedestrian might be at fault include:

  • Leaving a Curb or Safe Place Improperly: Pedestrians must not suddenly leave a curb or other safe places and move into the path of a vehicle. This action leaves insufficient time for a driver to react, potentially leading to an accident.
  • Crossing Away from Crosswalks: Pedestrians must yield the right of way to all vehicles on the roadway when crossing at any point other than a marked crosswalk or intersection.
  • Non-Compliant with Traffic Signals: Pedestrians are required to obey all pedestrian traffic signals and signs. For instance, entering a roadway against a “Do Not Walk” signal or when facing a red light at intersections could result in the pedestrian being held liable for any resulting accidents.
  • Not Using Designated Pathways: When a pedestrian tunnel or overhead crossing is provided, pedestrians must use these routes to cross the roadway.
  • Failure Yielding to Emergency Services: Pedestrians must also yield to emergency vehicles using audible and visual signals. Failure to do so may result in being deemed at fault for an accident.

Pedestrians have a general duty of care to observe and avoid creating traffic conditions that might lead to an accident. This includes being attentive while walking and not being distracted by devices like smartphones. Violations of these laws could result in compensation reduction or denial if the actions contributed to the accident.

Hiring an Oregon pedestrian accident lawyer after an accident is crucial because they specialize in navigating the complexities of pedestrian accident claims. Such a lawyer will protect your legal rights, ensure that all procedural requirements are met, and strive to maximize the compensation you may be entitled to. Their expertise in handling negotiations with insurance companies and understanding of state-specific laws regarding pedestrian accidents can significantly influence the outcome of your case.

Our services are provided on a contingency fee basis, with no upfront costs. You will only pay if we secure compensation for you. If you need an Oregon pedestrian accident lawyer, contact us for a free consultation and representation.

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Risk-Free Advocacy: We Don’t Get Paid Unless We Win

Why not fight for the justice and compensation you deserve? It won’t cost you a dime. Whenever you’re ready, contact our attorneys anytime to receive a free case evaluation.

We’ll worry about recovering your post-accident damages while you focus on healing; together, we’ll ensure you re-gain peace of mind.

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