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With a Top Lake Oswego Pedestrian Accident Attorney
At The Johnston Law Firm, LLC, our Lake Oswego pedestrian accident attorneys are skilled, experienced, and passionate advocates for victims and families. We are on the side of the people who need legal help the most—not the big insurance companies. If you or your family member was hurt in a pedestrian crash, you need a strong advocate on your side.
To arrange a free, no-obligation case review, with an Oregon pedestrian accident attorney, please contact our legal team today.
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Steps to Take After a
Pedestrian Collision in Lake Oswego
A pedestrian collision in Lake Oswego can result in serious injuries, major medical expenses, and other legal complications. You must take the right steps immediately after the incident to protect yourself. Here are four key things to do after being hit by a car in Lake Oswego:
- Ensure the Crash is Reported to the Police: The first step after a pedestrian collision is to call the police and report the incident. The police will create an official report that can be used for insurance claims and legal purposes. Be sure to obtain a copy of the report for your records. You can report the crash to the Lake Oswego Police Department.
- Get Medical Attention for Any Injuries: All pedestrian injuries require a doctor. Seek medical attention as soon as possible, even if you think your injuries are minor. Some injuries, such as head trauma, may not be immediately apparent. Document any injuries and treatments received. You cannot bring a successful legal claim without medical records.
- Document the Pedestrian Collision: Take photos of the scene, including the vehicle involved, your injuries, and any other relevant details. Documenting a pedestrian crash in Lake Oswego to the best of your ability is crucial because Oregon is a fault-based auto accident state. Proving fault will be necessary to establish liability.
- Consult With a Lake Oswego Pedestrian Lawyer: Never rely on an insurer—especially a driver’s insurance carrier—to look out for your best interests. As soon as possible after an accident, be sure to speak to an experienced Lake Oswego pedestrian accident attorney. A lawyer can help gather evidence that you couldn’t find on your own, such as chemical test results or video evidence of the crash.
The Most Common
The overwhelming majority of pedestrian collisions that are reported result in injuries. This is of little surprise—pedestrians have no protection. Even a seemingly low-speed crash could result in severe trauma. According to data cited by the Oregon Department of Transportation, there were 953 injuries and 85 pedestrian deaths in the state in 2019. Even small and safe communities are impacted. In 2020, state authorities reported that two pedestrians suffered serious injuries in crashes in Lake Oswego. Some of the most common pedestrian accident injuries include:
- Road rash and bruises;
- Sprains and strains;
- Ligament damage;
- Broken bones;
- Traumatic brain injuries (TBIs);
- Spinal cord damage;
- Internal organ damage; and
Massive physical injuries also cause emotional distress, depression, and fear. Being bedridden can prevent someone from spending time with their family or even enjoying a hobby like basketball, golf, or sewing. At our firm, we never forget the emotional scars that pedestrian accidents leave behind. And we will fight for compensation to make up for your distress.
An Overview of Pedestrian
Accident Laws and Liability in Oregon
As with other jurisdictions, Oregon has specific laws that govern pedestrian crashes. These laws are designed to protect pedestrians and ensure that they receive compensation for any damages or injuries they sustain in an accident. As a pedestrian involved in a crash in Lake Oswego, it is imperative that you understand your rights and your duties. Here are key things to know:
- Pedestrians Have Right-of-Way at Crosswalks and Intersections, Not Otherwise: Oregon law requires drivers to yield to pedestrians at marked crosswalks and intersections, even if they are not marked. However, if a pedestrian is crossing outside of a crosswalk or intersection, they must yield to vehicles. Pedestrians who do not comply with these laws may be found partially (or fully) at fault for the accident.
- All Pedestrian Injury Crashes Must Be Reported to Law Enforcement: Oregon requires that all pedestrian accidents resulting in injury, death, or major property damage be reported to law enforcement. This report should be made right away. A pedestrian accident can be reported to the Lake Oswego Police Department.
- The Party Deemed At-Fault for a Pedestrian Crash is Liable: In a pedestrian accident, the party deemed responsible for causing the accident is held liable for any resulting damages. What happens if a pedestrian crash is caused by a driver who runs a red light? They can be held legally liable for the accident.
- Liability is Divided Based on Comparative Negligence: Oregon also follows a comparative negligence system for apportioning liability in pedestrian accidents (ORS § 31.600). Each party to a pedestrian collision is responsible for their “share” of the negligence. A pedestrian who is found liable for 20 percent of their crash can be held liable for 20 percent of their damages.
- A Legal Claim Must Be Filed Within Two Years: In Lake Oswego, like in the rest of Oregon, a person must file a personal injury claim within two years of the date of the accident (ORS §12.110). Do not wait to get started: Consult with a Lake Oswego attorney right away.
Don’t miss out on these common personal injury mistakes.
Pedestrians deserve to walk with safety in Lake Oswego. Unfortunately, many hazards make it difficult for pedestrians to get to their destination without injury.
Some of the most common hazards include:
- Distracted driving. Motorists who are looking at a cell phone to read or type a text are not looking for a pedestrian about to step into a street. Texting while driving is a major cause of motor vehicle accidents in Lake Oswego, including collisions involving pedestrians.
- Chemical impairment. A driver who is drunk or has used drugs cannot drive safely. They usually have blurred vision and might not even be able to think clearly. Often, coordination and decision-making are impaired, so they end up smashing into a pedestrian because they can’t swerve out of the way.
- Illegal turns. A motorist might make an illegal left turn on a red light or a U-turn, which causes a crash. There is a reason that these types of turns are illegal.
- Failure to observe. Often, when making a right-hand turn, motorists don’t check to make sure the way is clear before they start the turn. Consequently, they can crash into pedestrians who are in the crosswalk.
- Impatience. Driver impatience is a contributing factor in a Lake Oswego car accident. Drivers can run a red light or try to squeeze past a pedestrian but cut it too close.
- Failure to use mirrors. Many pedestrians are struck down in parking lots because a driver just throws their car into reverse without exercising any caution. Motorists should use their mirrors and pull out carefully when backing up in busy parking lots.
Of course, we need to mention that some pedestrians contribute to their accidents by crossing the street when they shouldn’t have. Maybe a traffic signal is telling you not to walk but you fling yourself in front of a car anyway. Or you decide to jaywalk by jumping into the middle of the road when any motorist would expect you to cross up at the intersection. An experienced attorney will minimize your own fault, but it can nonetheless reduce your compensation.
Recovering Damages for a Pedestrian Accident
How much financial compensation can you recover for a pedestrian crash in Lake Oswego? It is one of the most common questions that victims have after an accident. The answer depends on several factors, including your ability to prove liability and the extent of your damages. Regardless, you should be prepared for the insurance company to try to settle your case for less than full value.
Our Lake Oswego, OR pedestrian accident lawyers will fight to maximize your recovery, including for:
- Emergency medical treatment;
- Other medical bills;
- Physical therapy and rehabilitative care;
- Loss of wages and loss of earning power;
- Pain and suffering & mental distress;
- Physical disability or physical disfigurement; and
- Wrongful death of a family member,
Most victims have at least some losses due to an accident, such as immediate medical care. However, the full cost might not be apparent for some time. If you suffered permanent injuries, you could need substantial ongoing medical assistance which is very expensive.
Pedestrian Accidents in
Lake Oswego: Frequently Asked Questions (FAQs)
No, in Oregon, the fault is determined on a case-by-case basis. Negligence on the part of both the driver and pedestrian will be considered when determining who is at fault. Oregon follows the comparative negligence rule. In effect, the standard holds that if the pedestrian is found to be partially at fault for the accident their compensation may be reduced. For this reason, all pedestrian crashes in Lake Oswego must be comprehensively investigated.
The driver’s insurance company is not on your side. It is not recommended to give a statement to an insurance company after a pedestrian accident without first consulting with an experienced Lake Oswego personal injury attorney. Insurance companies may try to use your statement against you to reduce or deny your compensation. Be careful.
The amount of compensation you can recover through a legal claim depends on various factors, including the severity of your injuries, the cost of medical treatment, lost wages, and other damages. Liability for the accident and the extent of damages suffered will also be considered. Our Lake Oswego pedestrian accident attorneys will ensure that you understand the value of your claim and are in the best possible position to maximize your financial recovery.
Possibly. Oregon allows some spouses to bring a “loss of consortium” claim. This is a claim based on a spouse’s injuries. Essentially, we argue that the uninjured spouse has nonetheless suffered a diminished marital relationship due to their spouse’s physical injuries. A massive accident leading to paralysis, for example, can upend a marriage. The loss of care, support, services, and intimacy deserves some compensation at law.
How Lake Oswego Pedestrian
Accident Lawyer Marc A. Johnston Can Help
Dealing with the aftermath of a pedestrian crash is not easy. You need a strong advocate on your team. At The Johnston Law Firm, LLC, we know how to get real results in serious cases. When you reach out to our firm, you be able to speak to a Lake Oswego pedestrian injury attorney who can:
- Hear your story and answer questions about the legal claims process;
- Carefully investigate your crash, gathering evidence of fault and damages;
- Take care of the legal paperwork and settlement discussions with insurers; and
- Build a personalized legal strategy focused on maximizing your recovery.
We know that one-size-fits-all representation is not good enough for a pedestrian accident claim in Lake Oswego. With an extensive record of testimonials from former clients and proven results, you can count on our Lake Oswego pedestrian accident lawyers to guide you through the legal process.
Many of our clients hope that they can settle their personal injury claims. The good news is that most personal injury cases do not go to trial, so you can usually receive compensation in a timelier fashion with a settlement.
Before starting negotiations, your attorney will estimate the value of all out-of-pocket expenses, like medical care and lost wages. Then your lawyer will review the extent of your injuries, physical pain, and emotional distress. Our car accident lawyer has settled many cases, so he has the experience necessary to estimate the settlement value.
We start negotiation with a demand letter sent to the driver’s insurance company. Typically, we explain what happened, specifically how the defendant’s careless driving ended up hurting you. We then discuss your injuries in more depth, including any limitations on your ability to work.
We also include a number that represents the amount you will settle for. In negotiations for the typical car accident, we usually start with a high number. That gives the other side some room to come down—which they almost always do. In fact, they might counteroffer with some extremely low amount.
Negotiation can take months, but we usually are able to reach an agreement for a fair amount. If we can’t, we will discuss whether to sue the driver personally in Oregon court.
Our Law Firm Represent Injured
Pedestrians in Lake Oswego On Contingency
Worried about the cost of hiring a lawyer for your pedestrian accident? Do not be. At The Johnston Law Firm, LLC, we represent injured pedestrians on a contingency fee basis. There are never any upfront costs or hourly bills with these arrangements.
Instead, our Lake Oswego pedestrian accident lawyers only get paid if we win your case. As our fees are percentage based, our interests are fully aligned with your interests. Consultations are free and there are no commitments.
and Run Claims
Unfortunately, many pedestrians are injured in car accidents where the driver ends up fleeing the scene. A hit-and-run accident is often very difficult for victims to recover from. For one thing, you might be so badly injured that you cannot call an ambulance on your own. Nonetheless, the driver who was legally obligated to stop just floored it and left you behind.
After receiving care, hit and run victims also struggle to receive fair compensation for their injuries. A key question is whether you can pursue compensation for losses related to the crash.
We strongly recommend that you call the police after a hit and run, if you are able. Police reports matter a great deal in these cases. With a police report, you create a record that the accident actually happened and that you didn’t hurt yourself by slipping and falling.
What car insurance can you use after a collision to cover the cost of personal injuries? Let’s look at the most common policies in Oregon:You can’t use your liability coverage. This is the insurance you purchased when registering your car. But it only applies if you negligently hurt someone else. Since you are injured as a pedestrian, you can’t use it.You can use personal injury protection coverage. PIP insurance is mandatory in Oregon. This is no-fault insurance which kicks in after a car accident, including an accident where you are injured as a pedestrian. You can use the benefits to pay for medical care following the crash. In some situations, you might be able to access the driver’s PIP insurance, if you can find them.You can use your health insurance. Using health insurance is not ideal, but it will at least cover the cost of necessary, immediate care. You might have health insurance through your job or as a retiree.
Ideally, you should tell the police as much information about the driver who struck you. Even details about the car and the direction it fled could help the police find the suspect and apprehend them.
How We Set
When looking to hire a personal injury law firm, accident victims should pay attention to a lawyer’s experience. Not all Lake Oswego car accident lawyers have worked in personal injury. Some lawyers might only handle divorce or wills, and although they are great lawyers, they are not up to speed on the law of motor vehicle collisions.
The Johnston Law Firm, LLC, has handled dozens of car accident and pedestrian accident claims. We understand how to reconstruct these collisions so that they come alive for insurance adjusters, judges, and jurors. We also know how laws like comparative negligence can impact the ultimate settlement you receive.
We realize that each car accident case is unique. We never accept too many cases. Instead, we limit the number of claims we handle, which allows us to focus as much attention as possible on your case.
At The Johnston Law Firm, LLC, we pride ourselves on promoting safety in our community. Although pedestrians are rarely responsible for their own collisions, the fact is that you can take steps today that will minimize the risk:Familiarize yourself with rules regarding pedestrians. You can’t count on drivers knowing when to yield.When crossing the street, make eye contact with any driver who is stopped at the intersection. That way you will know he or she sees you.Always exercise extreme caution when crossing the road or walking behind cars in a parking lot. You never know when you’ll need to take swift defensive action.Don’t walk and text. That is just as distracting for pedestrians as texting and driving is for motorists. Instead, put your phone away.Don’t wear earbuds while walking. You want to be able to hear if a car is coming up behind you.Use the sidewalk whenever one is available. If not, walk on the shoulder against traffic, not with traffic. And remember to stay out of the road.Increase your visibility by putting reflective tape on your backpack or jacket. That way, motorists will see you in the evening hours.Advocate for increased pedestrian safety in Lake Oswego and surrounding communities. Often, government officials think about pedestrians last, after the needs of drivers.
Also remember to consult an attorney after a crash. One way to improve safety is to hold drivers accountable for their mistakes.
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– Michelle E.
Mr. Johnston and his firm were incredibly thorough in getting us a fair settlement from our insurance company with little to no pressure. We really appreciated having someone who truly cared about us every step of the way. I would highly recommend the Johnston Law Firm to anyone in need of personal injury representation.
Speak to Our Lake Oswego Pedestrian Collision Attorney Today
At The Johnston Law Firm, LLC, our Lake Oswego pedestrian accident lawyers fight aggressively to get justice and the maximum compensation for injured victims. We are highly rated, successful, approachable, and committed to doing things the right way. Call us now or contact us online for a free, no strings attached case review.
We fight for the rights and interests of injured pedestrians in Lake Oswego, Clackamas County, Multnomah County, Washington County, and beyond.
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If you have been seriously injured at no fault of your own, please contact us using the form.
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