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 Pedestrian Injuries
- 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.
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