What to Do After a Pedestrian Collision in West Linn
The unfortunate reality is those pedestrian collisions are an all-too-common occurrence in West Linn. If you have been involved in a pedestrian collision in West Linn, it is crucial to take the right steps to protect yourself legally and medically. Here are the key things you should do:
- Get Medical Attention for Injuries: Priority one is always your physical health and emotional well-being. After a pedestrian collision in West Linn, seek medical attention for any injuries. Note: You cannot bring a personal injury claim unless you see a doctor.
- Document the Pedestrian Accident: Documenting the accident is essential for future legal purposes. Take photos of the scene, your injuries, and the vehicles involved. Get the contact information of the driver and any witnesses, and record the driver’s license plate number and insurance information.
- Beware of the Driver’s Insurance Company: Oregon is an at-fault auto accident state. A driver is not automatically liable for a pedestrian crash. Their insurance company will try to find a way to limit their liability. Work with insurers through a lawyer.
- Consult WIth a West Linn Pedestrian Injury Attorney: Do not go it alone. A West Linn, OR pedestrian injury attorney can help you navigate the legal process, negotiate with the insurance company, and ensure that you receive fair compensation for your injuries.
Pedestrian Accidents Can Cause Serious Injuries
- Scrapes and bruises;
- Cuts and lacerations;
- Sprains and strains;
- Fractures (broken bones);
- Head injuries (concussion and TBIs);
- Spinal cord injuries;
- Internal organ damage; and
Understanding Pedestrian Crash Laws in Oregon
To bring a successful pedestrian accident injury claim in West Linn, you must understand how these cases are handled under Oregon law. While there are many similarities across jurisdictions, Oregon also has some unique pedestrian laws. Here is an overview:
- Pedestrians have Right of Way at Marked Crosswalks and Most Intersections: Oregon law mandates that pedestrians have the right of way at marked crosswalks and most intersections, whether or not they are marked. Vehicles must yield to pedestrians who are lawfully within the crosswalk or intersection. This means that if a pedestrian is crossing the street at a marked crosswalk, drivers must stop to allow them to cross safely.
- Oregon is an At-Fault Pedestrian Accident State: In Oregon, pedestrian accidents are considered at-fault legal cases. A driver is not automatically liable for a crash. Instead, the person or party responsible for causing the accident is held accountable for any resulting damages or injuries. If a driver causes a pedestrian accident, they are considered at fault and are liable for any damages or injuries sustained by the pedestrian. Fault matters. Every pedestrian crash in West Linn requires an in-depth, detail-driven investigation.
- Comparative Negligence is Used to Apportion Liability: Oregon also uses a comparative negligence system to apportion liability in pedestrian accident cases (ORS § 31.600). Comparative negligence means that the court will consider the actions of both the pedestrian and the driver (or another defendant) to determine who was at fault for the accident. If the pedestrian is found to have contributed to the accident in any way, such as by crossing the street against a red light, their compensation may be reduced by their share of the blame. For example, if a pedestrian in West Linn was found 20 percent at fault for their accident, they will be held legally liable for 20 percent of the damages.
- The Statute of Limitations is Two Years: Under Oregon law (ORS §12.110), a person must file a personal injury claim within two years of the date of the accident. If a claim is not filed within this time frame, the injured person may be barred from recovering any damages. Do not wait too long to get started with your pedestrian accident claim. Key evidence can easily get lost. The sooner you speak to a West Linn pedestrian accident lawyer, the better.
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