Portland Pedestrian Accident Lawyer

Pedestrian accidents are becoming an increasing problem throughout the United States. Nationwide, approximately 4,700 people are killed and another 76,000 are injured in these types of accidents every year. The victims of many of these accidents are older adults and children, and leading causes of pedestrian accidents include driver intoxication and driver distraction.

Paulson Coletti Trial Attorneys PC is a fierce advocate for injury victims. We have been voted one of the “Best Law Firms” by US News for our work representing plaintiffs in personal injury cases. We are experienced Portland pedestrian accident trial attorneys who do whatever it takes to secure justice for our clients.  For example:

• Scott Busch v. McInnis Waste Systems: $13.9 million dollar verdict for a pedestrian hit by a garbage truck who suffered a leg amputation.

Portland Pedestrian Accident Resources

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Why Choose Paulson Coletti Trial Attorneys PC?
Why Do Pedestrian Accidents Occur?
How Negligence Leads to Pedestrian Accidents
Common Pedestrian Accident Injuries
Important Portland Pedestrian Accident Statistics
What Damages Are Available After a Pedestrian Accident
How Comparative Negligence Plays a Role in Collisions
How Much Does a Portland Pedestrian Accident Lawyer Cost?
What Steps Can You Take to Help Your Claim?
Speak to a Lawyer Today

Why Choose Paulson Coletti Trial Attorneys PC?

• At Paulson Coletti Trial Attorneys PC, we are one of the most experienced trial law firms in Oregon, which means we can take your pedestrian accident claim as far as necessary to recover the compensation you need.
• Our team has more than 50 years of combined experience with a track record of securing high-value settlements and jury verdicts on behalf of injured clients.
• We take an aggressive approach to handling negotiations with insurance carriers and when preparing a case for trial.

Why Do Pedestrian Accidents Occur in Crosswalks?

A majority of pedestrian accidents in Portland, OR occur at crosswalks. Although Portland is one of the most pedestrian friendly urban areas in the nation, there are still an unfortunate number of crosswalk accidents. Pedestrian injures can be caused by:

• Drivers who fail to yield the right of way to pedestrians
• Drivers who run red lights or stop signs
• Drivers who are distracted, especially by texting
• Drivers who are under the influence of alcohol or drugs

If the wrongful or negligent actions of a driver led to you or a loved one being seriously injured, you may have legal recourse. We invite you to discuss your case with our firm. From crashes caused by drivers that were texting to drunk driving accident lawsuits in Portland, we can help.

Portland residents who’ve experienced pedestrian injuries should not be thinking about dealing with insurance companies. They should focus on healing, not medical expenses and medical bills. It is the goal of our pedestrian accident attorneys to take the burden off you so you can focus on healing.

How Negligence Leads to Pedestrian Accidents

Every civil pedestrian accident claim in Portland is going to revolve around the concept of negligence. Negligence may mean one thing in a regular context, but when discussing legal cases, negligence has an entirely different meaning. In order for a civil claim to move forward successfully, the following four elements of negligence must be in place:

1. Duty of care. Drivers owe a duty of care to others around them, including pedestrians. This means that drivers are responsible for following traffic laws, not driving while impaired by alcohol or drugs, driving while distracted by phones or other devices, etc. 
2. Breach of duty. When drivers breach their duty of care, this significantly increases the risk of an accident occurring. For example, if a driver fails to stop at stop signs or stop lights, operates too fast for conditions, or is operating while distracted or impaired, this constitutes a breach of duty owed to others around them. Unfortunately, a breach of duty could lead to a pedestrian being struck.
3. Causation. If it can be proven that a driver breached their duty of care, it must also be shown that the breach of duty is what caused the pedestrian accident injury.
4. Damages. Finally, it must be shown that the pedestrian accident victim sustained some sort of monetary loss as a result of the incident.

Common Pedestrian Accident Injuries That Happen in Portland

Unfortunately, pedestrian accident injuries are often severe due to the very nature of the mechanics behind the incidents. Pedestrians do not have any protection from the force of a heavier object slamming into them. Even a slower-moving vehicle can lead to a pedestrian sustaining significant injuries in a collision. Accidents that occur at higher speeds often result in catastrophic injuries or death for a pedestrian.

Some of the most common injuries that we assist pedestrians with after a crash in Portland include the following:

• Broken or dislocated bones
• Significant lacerations or road rash
• Traumatic brain injuries
• Spinal cord injuries
• Internal organ damage
• Amputation injuries
• Crush injuries

In addition to the physical injuries pedestrians often sustain as a result of a vehicle collision, we must also be aware of the just local and emotional pain and suffering these victims endure. This can include significant physical pain caused by the injuries as well as long-term emotional and psychological trauma caused by the injuries, the recovery process, and any disabilities sustained. We regularly help clients recover complete compensation for their losses, including coverage of these less visible types of injuries.

What Are Some Important Portland Pedestrian Accident Statistics?

The National Highway Traffic Safety Administration calculated 55 pedestrian fatalities resulting from motor vehicle accidents in 2012 out of a total 336 fatalities. In other words 16.4% of all traffic crash fatalities are pedestrians.

According to the Oregon Department of Transportation (DOT), there are approximately 850 accidents that involve pedestrians annually. In 2013, the pedestrian fatality rate was down 7.12% but 52 people were still killed in avoidable traffic accidents. The DOT also revealed that 814 pedestrians were injured in 2013 traffic accidents.

Statistically, the number one driver error in accidents involving pedestrians is failure to yield the right-of-way, while the number one pedestrian error is crossing between intersections.

What Damages Are Available in a Portland Pedestrian Accident?

Pedestrian accident victims in Portland are often able to recover a wide range of compensation types. Our goal is to recover “special” and “general” damages on behalf of each client that we assist.

• Special damages. This refers to economic losses individuals are likely to sustain as a result of a pedestrian accident. Some of the most common expenses include calculable losses such as:
  • Emergency room visits
  • Ambulance costs
  • Hospital admittance costs
  • Follow-up doctor visits
  • Rehabilitation or physical therapy
  • Medical devices
  • Prescription medications
  • Lost wages
  • Out-of-pocket expenses
• General damages. This refers to less calculable expenses that pedestrian accident victims in Portland are likely to endure. You will often see these referred to as pain and suffering damages, and this refers to the physical pain and suffering victims endure as well as the mental and emotional pain and suffering resulting from the incident. Even though these types of losses are not as easily calculable, there are various methods that an attorney will use to help adequately calculate non-economic damage amounts.

In rare cases, punitive damages may be awarded. In Oregon, punitive damages are reserved for situations where the actions of a plaintiff are grossly negligent or intentional. The decision to award punitive damages typically rests with a jury if the pedestrian accident claim goes to trial, and these damages act as a punishment to the defendant as well as a deterrent to others.

Comparative Negligence in Portland Pedestrian Accidents

In many cases, fault for a pedestrian accident will lie completely with another party and not the pedestrian victim. However, there are times when shared fault situations could arise. For example, if a pedestrian failed to cross the street at a crosswalk when there was one available but was subsequently struck by an impaired driver, there may be questions about shared fault and compensation.

In Oregon, there is a “modified comparative negligence” system in place. This means that there’s a way to apportion compensation depending on the percentage of fault an individual had for a particular incident. In Oregon, individuals can recover compensation if they are less than 51% responsible for causing their own injuries. Anyone 51% or more responsible for causing their injuries will not be able to recover compensation.

The compensation will be decided depending on the percentage of fault for an individual. For example, if a pedestrian accident victim is awarded $100,000, but a jury then decides that they were 10% responsible for the incident because of their actions, then they would receive $90,000 instead of the full $100,000.

One of the most common tactics used by insurance carriers and at-fault parties is to try and shift some or all of the blame onto a victim for a pedestrian accident claim. You need to work with a skilled pedestrian accident lawyer in Portland who can help push back against any allegations of fault to help recover maximum compensation for your losses.

How Much Does a Portland Pedestrian Accident Lawyer Cost?

We understand how challenging it can be to get by financially after a pedestrian accident occurs. The prospect of paying for an attorney can be scary. At Paulson Coletti Trial Attorneys PC, we handle pedestrian accident claims in Portland on a contingency fee basis. This means clients only pay legal fees after our team successfully recovers compensation for their losses. 

The total legal fee will revolve around an agreed-upon percentage of the final settlement or jury verdict. Clients pay no costs upfront or out-of-pocket related to their claim, and if we do not win, clients do not pay a dime.

What Steps Can You Take to Help Your Claim?

There are various steps that pedestrians can take to help protect their well-being and their claim against an at-fault party:

1. Seek medical care. The most important thing any pedestrian can do after an accident is seek medical care. Often, the signs and symptoms of a pedestrian accident injury do not appear for hours or days after the incident occurs. Seeking immediate medical care, even for relatively minor incidents, will help ensure the pedestrian accident victim’s well-being and help protect the integrity of their insurance claim.
2. Gather evidence. Pedestrians may be able to gather some evidence at the scene of an incident, or another individual nearby can do so. This can be done by using a cell phone to record the entire scene or take photos of everything. This includes injuries, possible causes of the incident, the vehicles involved, and more. The names and contact information of any eyewitnesses should be written down so they can be located later on to give statements.
3. Make sure police come. The police need to come to the scene of the incident. Pedestrian accident victims need to call 911 so the police can come and investigate the incident and fill out the police report.
4. Contact an attorney. We strongly encourage any Portland pedestrian accident victim to reach out to an attorney as soon as possible. When a lawyer gets involved, they can begin gathering and preserving evidence, speaking to eyewitnesses, and initiating conversations with insurance carriers and any other party involved.

Experts in Oregon Law. Experts in Pedestrian Accident Cases.

The Portland pedestrian accident attorneys at Paulson Coletti Trial Attorneys PC have more than 100 years of collective legal experience and have recovered millions of dollars in verdicts and settlements on behalf of clients. We have been awarded for our work representing the rights of accident victims with recognition such as:

• Best Law Firms by U.S. News
• Best Lawyers in America®
• Best Lawyers – Lawyer of the Year
• OregonSuper Lawyers®

We take on cases we believe in and believe we can win. If you would like to learn more about being represented by the Portland pedestrian accident lawyers at Paulson Coletti Trial Attorneys PC , call us at (503) 226-6361 or fill out an online form. Our Portland personal injury attorneys are always available to offer a free consultation.