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Accidents Involving Pedestrians

The data regarding pedestrian accidents confirms how dangerous walking near vehicles is. According to the ODOT Transportation Data Section (2012 Oregon Traffic Crash Summary), in the year 2012 alone there were 887 motor vehicle crashes involving pedestrians. In all but six of those crashes, the crash resulted in some level of injury, including 60 fatalities. These figures track with data for the country as a whole. According to the NHTSA, in 2013 there were 66,000 pedestrian injury accidents, including 4,735 fatalities. Of note, a significant percentage of pedestrian accidents occur between 6:00 and 9:00 in the evening.

There are several Oregon laws that speak to the interplay between motor vehicles and pedestrians (i.e. with regard to the right­of­way). For example, Oregon Revised Statute (“ORS”) §811.025 establishes a motor vehicle operator’s duty to yield the right-­of­-way to a pedestrian who is within a crosswalk. This, of course, is well known to anyone who drives a car. What is less well known, however, is that this duty to yield also applies when a pedestrian is crossing or entering a roadway at an unmarked crosswalk. (See ORS §801.220 for the legal definition of “crosswalks”). Pedestrians owe motor vehicle operators the converse duty of yielding the right of way consistent with posted traffic control devices. ORS §814.040.

TIP: Personal Injury Protection (“PIP”) coverage is available to pedestrians injured in accidents involving motor vehicles. ORS §742.520. The minimum coverage limit amount for reimbursement of medical care costs is $15,000.00 (this benefit is available for the first one year following a covered accident). Wage loss reimbursement may also be available, if the individual is disabled for 14 or more consecutive days.

Given this data that confirms the nature and extent of injury and losses that flow from being involved in a pedestrian accident, you’ll want to retain a firm with the experience required to: competently and timely investigate the crash facts; preserve all available evidence: handle all of the insurance-­related aspects of the claim: and obtain fair compensation for you once your medical care is complete. At Phillip C. Gilbert & Associates our attorneys have decades of experience doing just that.

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