Lake Oswego Pedestrian Accident Lawyer
Start your free case reviewWe Handle Pedestrian Accident Claims in Lake Oswego & Throughout Oregon
A short walk through Lake Oswego can become life-changing when a negligent driver fails to yield, speeds through an intersection, or simply does not see someone on foot. Pedestrians may be struck while using crosswalks, walking along sidewalks, passing through parking lots, or crossing neighborhood streets. Unlike motorists, people on foot have virtually nothing protecting them from the force of a collision. As a result, pedestrian accidents can cause severe injuries, permanent disabilities, and, in the most serious cases, wrongful death.
Johnston Law Firm represents pedestrians injured by negligent motorists in Lake Oswego and throughout Oregon. Although our firm is based in Portland, our pedestrian accident lawyers can investigate your crash, deal with insurance companies, and pursue compensation for your injuries and losses. If you were injured while walking in Lake Oswego, call Marc A. Johnston and Johnston Law Firm at 503-546-3167 or contact us online. Consultations are free.
About Johnston Law Firm
How Marc Johnston Can Help With Your Lake Oswego Pedestrian Accident Claim
Dealing with the aftermath of a pedestrian crash is not easy. You need a strong advocate on your team. At The Johnston Law Firm, 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.
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.
Pedestrian Hit 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.
Don’t miss out on these common personal injury mistakes.
Get the legal counsel you need to guide you through the process of filing an injury claim.
What Causes Pedestrian Collisions in Lake Oswego?
Pedestrians deserve to walk safely 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.
- Drunk driving. 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.
The Most Common Pedestrian Injuries We Help Clients With in Lake Oswego
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 preliminary data tracking the post-pandemic decline in traffic fatalities from the Oregon Department of Transportation, overall traffic fatalities fell to 487 in 2025, reflecting a multi-year national downward trend where U.S. pedestrian deaths dropped 7% to 6,732. Even small and safe communities are impacted. Over recent years, federal and state monitoring systems confirmed that while major urban centers like Portland saw pedestrian deaths decline, suburban communities in Clackamas County, including Lake Oswego, continue to record critical-injury pedestrian incidents, proving that no municipality is entirely immune to traffic violence.
Some of the most common pedestrian accident injuries include:
- Road rash and bruises;
- Lacerations;
- Sprains and strains;
- Ligament damage;
- Broken bones;
- Traumatic brain injuries (TBIs);
- Spinal cord damage;
- Internal organ damage; and
- Amputations.
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.
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 Pedestrian Accident Settlement 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.
Recovering Damages for a Lake Oswego 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.
What Sets Us Apart
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, 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.
Frequently Asked Questions About Lake Oswego Pedestrian Accident Claims
You may have a case if a driver’s negligence caused or contributed to the collision and you suffered injuries or other losses. Evidence such as police reports, witness statements, video footage, and medical records can help establish liability. A pedestrian accident attorney can review the circumstances and explain your legal options.
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.
Johnston Law Firm handles pedestrian accident cases on a contingency fee basis. You pay no attorney’s fees upfront, and we receive a fee only if we recover compensation for you. We also offer free consultations, allowing you to discuss your Lake Oswego pedestrian accident claim without an upfront attorney fee.
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Testimonials
Sally Martinez
– 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.
Contact Johnston Law Firm for Your Lake Oswego Pedestrian Accident Claim
A pedestrian accident can result in serious injuries, substantial medical expenses, lost income, and lasting changes to your everyday life. At Johnston Law Firm, we are committed to protecting injured pedestrians and pursuing the compensation available for the harm they have suffered. Although our firm is based in Portland, we represent pedestrian accident victims in Lake Oswego, Clackamas County, and communities throughout Oregon.
We handle pedestrian accident claims on a contingency fee basis, meaning you pay no attorney’s fees unless we recover compensation for you. If you were injured by a negligent driver in Lake Oswego, call Johnston Law Firm at 503-546-3167 or contact us online to schedule a free consultation and discuss your legal options.
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