What Pedestrians Should Know About Seeking Compensation After Being Hit by a Car in Portland
Posted on behalf of RizkLaw on Apr 28, 2021 in Auto Accident
Portland is recognized as a pedestrian-friendly community. Under the Vision Zero program, strategic improvement planning places the safety of pedestrians above all others on the road. Despite Portland’s “Strategy for People Movement” plans, 58 people, including 18 pedestrians, died in traffic accidents in 2020.
If a motor vehicle hit you as a pedestrian, you may be eligible to recover compensation. There are several things that pedestrians should know about seeking compensation.
Our Portland-based auto accident lawyers offer a free initial consultation for victims injured due to negligence. There is no obligation to take legal action. Call to schedule your free case review today.
Can Pedestrians Struck by a Car File an Injury Claim?
If a driver’s negligence causes your injuries, you may have a case for seeking compensation against that driver’s insurance. There are many scenarios where motorists may be at fault for hitting a pedestrian, such as if they were:
- Using a cellphone or engaged in other types of distracted driving
- Getting behind the wheel while impaired by drugs or alcohol
- Exceeding the speed limit
- Disobeying traffic laws and/or signals
Who Do I Sue in a Hit-and-Run Accident?
In Oregon, drivers are legally required to stay at a crash scene and report an accident that involves either injury, death or property damage of $2,500 or more.
Unfortunately, negligent or reckless drivers may flee the scene of a crash, even though it is a felony in Oregon. Usually this is the case when a driver has been drinking or speeding. When a driver does not stay at the scene, it is harder to identify the at-fault party and obtain his or her insurance information.
Whether you can still recover may depend on if the driver is found and identified. Situations that may help police locate the driver include:
- If you were able to provide a license plate, make or model of the vehicle
- If a traffic cam or another car’s dash cam caught the crash and obtained identifying information
- One or more witnesses who may have seen what happened and remember information about the vehicle or driver
If the driver can be identified, you may be eligible to pursue a claim through his or her insurance company for the damages you sustained. However, if the driver cannot be found, you may still have other options for recovery.
Covering Your Medical Expenses
If a driver hits you and injures you as a pedestrian, you may be able to pay your medical bills from one of three insurance policies (up to the limits of the policy):
- Through your own auto insurance policy’s personal injury protection (PIP)
- Through your health insurance policy
- Through the auto insurance of the driver that ran you over
Damages Pedestrians May be Eligible to Pursue
Pedestrians injured after being struck by a motor vehicle through no fault of their own may be eligible to recover the following compensation:
- All medical costs related to the accident
- Lost wages and loss of future earnings
- Medical expenses you may incur in the future
- Physical pain and emotional suffering
- Scarring and disfigurement
- Post-traumatic stress disorder
- Loss of enjoyment of life
- Mileage reimbursement for traveling to medical appointments
The amount and type of compensation you may be eligible to receive depends on many other considerations, including the extent and severity of your injuries. These are details that your attorney will be able to calculate once you have reached your maximum medical recovery after the accident.
When Might Pedestrians Be Unable to Recover Compensation
In some cases, pedestrians could share fault for a car crash that caused their injuries. For example, if a pedestrian suddenly darts out into the road from in-between parked cars, a driver may not have time to react.
While Vision Zero is making strategic commitments to improve pedestrian safety, both drivers and pedestrians owe others a duty of care. As such, even pedestrians are required to be proactive in preventing harm not only to themselves, but to others as well.
Under Oregon’s comparative fault system, you could still be eligible to pursue a claim if you are not more than 50 percent liable for the incident. That said, the percentage of liability you are assessed will be deducted from any compensation award you may receive.
Call Our Firm for Legal Help if a Negligent Driver Ran You Over
At Rizk Law, our team of legal professionals is ready to do everything they can to help you obtain the compensation you need to help you recover after a crash caused by a negligent driver.
We are prepared to handle your case and fight for maximum recovery while you focus on your family and regaining your health. Our firm has a proven track record, recovering millions on behalf of injured clients throughout Oregon. Learn more about our services and what some of our former clients have to say.
Initial case reviews are completely free, and if we represent you, there are also no upfront costs or fees to pay. We do not get paid unless we recover compensation for you.