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Crosswalk & Pedestrian Accident Attorney Portland

If you’re based in Oregon and looking for legal assistance in relation to an injury or ordeal from an accident on a crosswalk as a pedestrian, choose Herron Law.

With 28 years of personal injury experience, the legal experts at Herron Law will help you to understand what to do following a crosswalk or pedestrian accident and how we can help.

If you want to discuss your claim further, contact us now for a free 30-minute consultation.

 

Why Choose Herron Law?

With almost 30 years of experience across all Oregon courts, Herron Law is one of the most successful and widely respected personal accident lawyers in the state.

As well as crosswalk and pedestrian accident claims, we also cover truck accidents, car accidents, motorcycle accidents and more.

At Herron Law:

  • Our lead attorney, Bart Herron, is among the Top 2% of lawyers in the US according to LinkedIn.
  • We offer 100% free consultations.
  • We won’t charge a fee until you win.

Still not sure? See what our 2,000+ other clients have had to say about our service.

 

What Should I Do After Being in a Pedestrian Accident?

The moments following an accident as a pedestrian can often be disorienting and stressful. It’s important to be aware that you must always remain at the scene of the accident, provided it’s safe.

Below is a list of the steps you’ll then need to follow in order of priority:

  • Secure the Scene & Get Help: If you’re physically able, check on passengers of vehicles and other pedestrians involved in the incident. Then call 911 immediately if medical assistance is required. Avoid moving anyone who complains of back or neck pain unless there is an imminent emergency, like a fire, that puts them at greater risk. Moving someone with a potential spinal injury could cause further harm.
  • Call Law Enforcement: Contact law enforcement if you’re a pedestrian, are well enough to remain on site, and have been involved in an accident. Ask those present to remain at the scene until the police arrive if they’re well enough.
  • Undergo a Police Interview: Answer any questions the police ask regarding your accident and allow the police to investigate the scene. It’s important not to move anything from the scene of the accident that isn’t in immediate danger while waiting for the police.
  • Seek Medical Attention: Visit a hospital or urgent care facility promptly to assess and treat any injuries. Delaying medical care may give insurance companies the chance to argue that your injuries were not severe. Follow your doctor’s treatment plan to aid in speedy recovery.
  • Contact Your Insurance Company & Personal Injury Lawyer: If you’ve been injured because of an accident, contact your health insurance provider. Be aware that your statements may be recorded. If you’ve sustained serious injuries, we recommend consulting a personal injury lawyer, like Herron Law, before speaking to an insurer in detail. A legal expert can help ensure you receive fair compensation. At Herron Law, we offer free consultations for injured people.

What Are the Most Common Causes of Pedestrian Accidents?

The roads can be dangerous, and not necessarily due to any fault of your own. Some of the most common types of pedestrian accidents include:

  • Inattentive Drivers: Other motorists can be distracted and fail to see pedestrians. Especially if they don’t regularly check blind spots or road signage.
  • Speeding: Excessive speeding reduces a rider’s ability to react quickly to unforeseen obstacles and increases the severity of injuries sustained by a pedestrian.
  • Not Respecting Right of Way: Some drivers won’t respect the right of way for pedestrians and give way. When this happens, it can cause significant injuries to pedestrians and those nearby.
  • Impaired Drivers: Alcohol and drug use can impair the judgment and reaction times of drivers while on the road, both for motorcyclists and other motorists, which presents a significant risk to pedestrians.
  • Poor Weather Conditions: Rain, snow, or ice can make road surfaces slippery, increasing the risk of accidents for pedestrians.
  • Road Hazards: Potholes, debris, and other uneven surfaces can pose risks to pedestrians as they can destabilize a car or motorcycle and cause it to veer off course and crash into pedestrians.
  • Running Stop Lights: Ignoring traffic signals can lead to accidental collisions with pedestrians.
  • Vehicle Malfunctions: Mechanical failures, like brake or tire issues, can result in the loss of control of a vehicle and risk potential accidents with pedestrians.

What Constitutes Pedestrian Negligence in Oregon?

Under Oregon Law, pedestrian negligence applies to any pedestrian who fails to use reasonable care. This includes violating traffic laws, entering traffic suddenly, and causing safety hazards on the road.

Specific actions include:

  • Failure to yield to vehicles’ right of way. This includes emergency vehicles with engaged lights and sirens.
  • Creating an immediate hazard by stepping from a sidewalk unexpectedly.
  • Ignoring traffic controls like pedestrian traffic signals and signs.
  • Failure to use crosswalks, pedestrian tunnels, or overhead crossings.
WRIST INJURY scaled

 

What Compensation Could I Receive if I Were a Pedestrian Hit by a Car?

After a pedestrian accident, you may be entitled to several types of compensation or damages, depending on the extent of your injuries, the impact on your life, and the specifics of your case.

These damages fall into two main categories – economic damages and non-economic damages:

  • Economic damages are the easiest to calculate, as they involve tangible financial losses like Medical Expenses and Lost Wages.
  • Non-economic damages are more complex and involve intangible losses, such as pain and suffering, emotional distress, and loss of enjoyment of life.

Here’s a breakdown of the common types of damages you can collect:

  • Medical Expenses (both past and future). You can seek reimbursement for all medical costs related to the accident, including hospital stays, surgeries, medications, physical therapy, and any future medical care needed because of your injuries.
  • Lost Wages (both past and future). If you missed work because of your injuries or treatment, you are entitled to recover compensation for the income you lost during that time. If your injuries prevent you from returning to work or require you to take a lower-paying job, you may also claim compensation for future lost wages.
  • Pain and Suffering (both past and future). Pain and suffering compensation covers the physical pain and emotional distress caused by your injuries. The value of these damages can vary greatly depending on the severity and duration of your suffering. For minor injuries, pain and suffering might amount to less than $1,000, but for more severe or long-lasting injuries, it could reach $250,000 or more.
  • Disfigurement and Scarring. If the accident caused permanent disfigurement or noticeable scarring, you may be compensated for the emotional and physical toll this takes on your life.
  • Loss of Employment (both past and future). If your injuries caused you to lose your job or rendered you unable to perform your previous job duties, you can seek compensation for the loss of your current and future employment opportunities.
  • Loss of Future Income. In addition to lost wages, you may also be entitled to compensation for the reduction in your ability to earn income in the future if your injuries prevent you from working in the same capacity or field.
  • Loss of Enjoyment of Life. These damages reflect the negative impact on your quality of life due to the accident. If the injuries prevent you from enjoying activities you once loved, such as running or playing sports, your compensation will reflect that loss. For example, someone who was paralysed and previously led an active lifestyle might receive higher compensation compared to someone who was less physically active before the accident.
  • Loss of Companionship and Consortium. If your injuries affect your relationships, particularly with a spouse, you may be entitled to damages for loss of companionship and consortium. This refers to the loss of intimacy, support, and companionship resulting from the accident.
  • Caregiving Expenses (both past and future). If you require caregiving services due to your injuries, whether in the short or long term, you may be compensated for the cost of those services. This can include in-home care or assistance with daily activities.
Got more questions? Speak to one of our lawyers to determine the specifics of your case.

Ways Herron Law Can Help

Herron Law plays a key role in providing clients with legal representation. Our lawyers also support families or survivors of those who have died due to the negligence or misconduct of another party during a crosswalk or pedestrian accident.

Our key responsibilities include:

Case Evaluations:

  • Free Initial Consultation: Your auto accident attorney will offer a free 30-minute consultation to understand the case details and determine its validity under wrongful death laws.
  • Legal Advice: Herron Law will offer legal advice on the merits of a case, potential outcomes, and the steps involved in pursuing legal action.

Investigation:

  • Gathering Evidence: Our attorney gathers evidence, including medical records, witness statements, and any other documentation that can prove negligence or wrongdoing.

Expert Consultation:

  • Working with Specialists: If needed, one of our attorneys will consult with forensic experts, medical professionals, and accident reconstruction analysts to strengthen your case going forward.

Filing the Lawsuit:

  • Preparation of Legal Documents: The personal accident attorney prepares and files the necessary legal documents to begin any claims.
  • Court Representation: If a trial is necessary, the attorney will represent you, presenting any evidence and arguing the case before a judge.

Settlement Negotiation:

  • Negotiating with Defendants: If there are any defendants involved in your accident claim, we will negotiate with their insurance companies or use the court to reach a fair, legal settlement.

Fighting for you:

Herron Law’s attorneys advocate for you and your loved ones, striving to ensure justice is served and the responsible parties are held accountable.

By undertaking these responsibilities, our attorneys play a pivotal role in helping to navigate the complexities of the legal system during challenging times.

Their expertise not only aids in securing financial compensation but also in achieving a sense of justice and closure.

 

Understanding Oregon’s Crosswalk Laws for Pedestrians

Oregon’s crosswalk laws prioritize pedestrian safety and establish guidelines for both pedestrians and drivers. They can also be used to establish fault during an incident.

Key rules include:

  • Marked Crosswalks: Pedestrians have the right of way at marked crosswalks. Drivers must yield when a pedestrian is approaching the crosswalk.
  • Unmarked Crosswalks: Oregon law recognizes unmarked crosswalks at intersections. Pedestrians crossing at these locations also have the right of way, but they should ensure the way is clear before crossing.
  • Yielding: Drivers must stop for pedestrians in crosswalks and cannot overtake another vehicle that has stopped to allow pedestrians to cross.
  • Traffic Signals: When traffic signals are present, pedestrians must obey them. If a signal says ‘Walk’, then they can cross, but if it says, ‘Don’t Walk’, they cannot.
  • Pedestrian Signals: In many urban areas, pedestrian signals are implemented. Pedestrians should wait for the signal to cross.
  • Crossing at Intersections: Pedestrians are encouraged to cross at intersections rather than mid-block, unless it’s a designated crosswalk.
  • Obligations of Pedestrians: While pedestrians have the right of way, they are also responsible for crossing safely and ensuring they don’t unnecessarily impede traffic.

Do I Need to Go to Court for My Pedestrian Accident Case?

While going to court for a pedestrian accident case is not usually necessary, there are exceptions.

Most cases are resolved through negotiation with the insurance company, and a fair settlement can often be reached without the need for a trial.

However, in cases where liability is disputed, the settlement offer is inadequate, or the insurance company acts in bad faith, the court may be the best option to ensure you receive the compensation you deserve.

Having a knowledgeable and experienced pedestrian accident attorney on your side, whether your case settles or goes to trial, is essential to protect your rights and maximize your recovery.

If your case requires a court trial, your attorney will guide you every step of the way and fight for the compensation you need to move forward.

How Much Does It Cost to Hire a Pedestrian Accident Attorney?

The cost of hiring a lawyer for a pedestrian accident claim typically depends on the type of fee arrangement. Most attorneys work on a contingency fee basis.

This means you won’t have to pay any upfront fees – instead, your lawyer will receive a percentage of the settlement or court award, usually between 25% to 40%, depending on the complexity of the case and whether it goes to trial.

If the claim is successful, the attorney’s fees will be deducted from the final compensation. However, if the case is not won, you typically won’t owe any legal fees, making it a risk-free way to pursue your claim. Always ensure you fully understand the fee structure before signing an agreement.

Why Do I Need to Hire a Lawyer After a Pedestrian Accident?

It’s important to look for an experienced pedestrian accident attorney, like Herron Law, who has experience handling your type of pedestrian injury claim.

This is because insurance companies tend to prefer settling cases with lawyers rather than face long, drawn-out, and costly trials.

Meet with your lawyer to discuss your case before hiring them. If you like your attorney, there’s a high chance the jurors probably would too.

Having several choices of pedestrian accident lawyers ready will increase your chances of securing legal representation and avoiding a scheduling conflict.

Awards & Associations

At Herron Law, we are dedicated to our clients.

We were voted one of the top 100 personal injury lawyers and top 25 attorneys in Oregon, 2016 – 2024, by the National Trial Lawyers Association.

Our other awards include:

  • 2015 Best Client Satisfaction Award, by the American Institute of DUI/DWI Attorneys.
  • 2015 Premier Trial 100 Attorneys Oregon, by the American Academy of Trial Attorneys.
  • 2015 Nationally Ranked Superior DUI Attorney, by NAFDD.
  • Oregon’s 10 Best Client Satisfaction Award, by the American Institute of DUI/DWI Attorneys.

2015 Premier 100 Seal AATA

If you’re interested in discussing a claim, contact us now for a free 30-minute consultation.

 


Frequently Asked Questions (FAQs)

If a pedestrian is struck in or near a crosswalk, it’s not always the fault of the driver. Factors like pedestrian behaviour, traffic signals, and crosswalk markings are also considered. Each incident is evaluated on an individual basis to determine liability.

If a driver flees the scene of an accident in Oregon, immediately report the incident to the police and provide as much detail as possible about the vehicle and driver. Seek medical attention if needed.

In Oregon, personal injury protection (PIP) insurance covers medical expenses, lost wages, and rehabilitation costs for pedestrians who are injured in accidents, regardless of fault. It provides immediate assistance for medical treatment and related expenses, ensuring injured pedestrians receive the necessary care while claims are being processed.

In Oregon, the statute of limitations for pedestrian accident claims is typically two years from the date of the accident. This deadline applies to personal injury, with 6 years for property damage claims. Failing to file within this time frame might result in the loss of compensation rights for injuries and damages.

During a consultation with your pedestrian accident lawyer in Oregon, ask about their experience with similar cases, their approach to handling your claim, potential outcomes, and estimated timelines. Inquire about their fees, communication methods, and what documents or evidence you should provide to strengthen your case.

To file an insurance claim after a pedestrian accident in Oregon, first gather all relevant information, which includes the police report, medical records, and witness statements. Contact your insurance provider to report the accident and initiate the claim.

To file a police report after a pedestrian accident in Oregon, contact your local police department or 911 if immediate assistance is needed. Provide details about the accident, including location, time, involved parties, and any injuries.

For a minor pedestrian injury in Oregon, consider small claims court if the damages are below the court’s limit (currently $10,000). This route is cost-effective and doesn’t require a lawyer. But if liability is disputed, or injuries are complex, hiring a lawyer might provide better representation and outcomes.

If you’re injured in a pedestrian accident without health insurance, you might rely on Oregon’s personal injury protection (PIP) insurance from the at-fault driver’s policy. It’s also possible to negotiate payment plans with medical providers or seek assistance from community health programs.

Contact us today to schedule a free 30-minute consultation.

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Herron Law | Attorney Bart Herron

Bart Herron

Crosswalk & Pedestrian Accident Attorney

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Biography

Attorney Bart Herron is a veteran, was a licensed social worker responsible for running the children’s program in a domestic violence shelter, and a steering committee board member for the Joint Task Force for the Prevention of Child Abuse, all before becoming a trial attorney. He understands how to talk to jurors.

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