Know What to Do After a Motor Vehicle Accidents Involving a Pedestrian in Tigard, Oregon
Pedestrian crashes can happen in any community, including in Tigard. As pedestrians are vulnerable, these accidents too often result in severe injuries. For victims, it is essential to take immediate action after the incident to protect their legal rights, start filing a personal injury case, and t0 receive proper medical attention.
Here are four things that you should always do after a pedestrian collision:
- Report Your Crash Law Enforcement: Contact the police immediately and report the incident. The police will create an official report that can be used as evidence in personal injury claims. Obtain a copy of the report for your records. A collision can be reported to the Tigard Police Department or the Washington County Sheriff’s Office.
- Get Professional Medical Attention Right Away: Emergency medical needs after a pedestrian crash in Tigard always take the top priority. Though, a non-emergency injury still needs to be evaluated. Seeing a licensed physician is not just vital for your physical health and mental well-being, it is a necessary step to bring a personal injury claim.
- Document the Pedestrian Accident: As Oregon is a fault-based pedestrian accident jurisdiction, it is imperative that any crash in Tigard is comprehensively investigated and well-documented. Along with other things, take photographs of the scene, the vehicle involved, your catastrophic injuries, and any other relevant details. Evidence matters.
- Consult With a Tigard Personal Injury Lawyers Before Any Insurer: A pedestrian lawyer serving Tigard, OR can provide legal advice, negotiate with insurance companies, and (if necessary) represent you in court if necessary. Do not trust the big insurance providers. Your Tigard personal injury attorney will protect your rights and your interests. Call us today for your free consultation!
What are the Most Common Pedestrian Accident Injuries?
- Road rash, cuts, and deep bruises;
- Sprains and strains;
- Torn ligaments;
- Soft tissue injuries, including whiplash
- Fractured/broken bones;
- Traumatic brain injuries (TBIs);
- Spinal cord damage;
- Internal organ injuries; and
- Leg or arm amputations.
Oregon Law: Pedestrian Safety and Pedestrian Accidents
Oregon law prioritizes pedestrian safety by outlining specific rules for pedestrians and motorists alike. These laws are designed to protect pedestrians from being involved in car accidents while also ensuring that individuals involved in accidents are held accountable for their actions. That being said, a motorist in Tigard is not automatically responsible for a pedestrian crash. All pedestrians in Tigard should have a general understanding of how our state laws operate. Here are four things to know:
- Pedestrians Have the Right-of-Way (But Only at Crosswalks and Intersections): Oregon law stipulates that drivers must yield to pedestrians who are crossing the street at a marked or unmarked crosswalk. Intersections are presumed to be unmarked crosswalks in Oregon. If a pedestrian is in a crosswalk or intersection, drivers must stop and allow them to cross the street safely. Pedestrians should not cross against a crosswalk sign. Outside of crosswalks and intersections, pedestrians do not have the right of way in Tigard.
- Fault Determines Legal Responsibility for a Crash: In Oregon, the party at fault for a pedestrian accident is responsible for any damages that result from the accident. Damages can be significant, including medical bills, lost wages, and other costs associated with the injury. If a driver is at fault for an accident, they are responsible for paying for damages. While if the pedestrian is at fault, they may be held responsible for their own losses.
- Oregon is a Comparative Negligence State: In pedestrian accidents, the fault may be shared between the pedestrian and the driver. Under Oregon state law (ORS § 31.600), comparative negligence is used to determine how much each party is responsible for the accident. For example, imagine a pedestrian in Tigard darted into the road, outside of a crosswalk or intersection. They were struck by an oncoming motorist who was texting and driving. Both parties may share the blame for this crash.
- The Deadline for a Pedestrian Accident Claim is Two Years: Under Oregon law (ORS §12.110), a person who has been injured in a pedestrian accident has two years from the date of the accident to file a compensation claim. As only very narrow exceptions apply, injured pedestrians must consult with a Tigard attorney right away.
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