Yaquina Law | Serving Lincoln County and Greater Oregon
The outcome is rarely minor when a car strikes a pedestrian. Without the protection of a vehicle’s frame, seat belts, or airbags, pedestrians absorb the full force of a collision, often resulting in catastrophic injuries that change a person’s life in an instant. If you or someone you love was injured in a pedestrian accident, an experienced pedestrian accident attorney can help you understand your rights, protect your claim, and pursue the compensation you deserve.
Our firm represents pedestrian accident victims throughout Oregon. We know how frightening and overwhelming this time can be, and we are here to handle the legal side of things so you can focus on healing.
Why Pedestrian Accident Cases Are Different
A pedestrian accident case is not the same as a typical “fender bender.” Because there is no barrier between a person and a moving vehicle, even a low-speed impact can cause broken bones, spinal cord damage, traumatic brain injuries, and other catastrophic injuries. Recovery often requires surgery, long-term rehabilitation, and time away from work.
That reality shapes everything about how a personal injury claim should be built. The right injury attorney will document not only the immediate harm but also the long-term consequences, so that every category of loss is accounted for when it comes time to negotiate or, if necessary, file a pedestrian accident lawsuit.
Common Causes of Pedestrian Accidents
Understanding how the accident occurred is central to proving fault. Some of the most common causes of pedestrian accidents in Oregon include:
- Drivers who fail to yield to pedestrians in marked and unmarked crosswalks
- Distracted driving, especially texting or phone use
- Speeding and reckless driving
- Failure to stop at signals or stop signs
- Impaired driving from alcohol or drugs
- Poor visibility at night or in bad weather
- Drivers turning without checking for people crossing the street
In many cases, more than one factor contributes to a collision. A thorough investigation helps identify every party who may share responsibility.
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Common Injuries Sustained in Pedestrian Accidents
Pedestrians have almost no physical protection when struck by a car, truck, motorcycle, or other vehicle. The first impact may occur when the vehicle hits the person’s legs or torso. The pedestrian may then strike the hood, windshield, pavement, or another object. Because one collision can produce several separate impacts, victims often sustain injuries to multiple areas of the body.
Lower-Extremity Injuries
Injuries to the legs, knees, hips, and pelvis are among the most common injuries in pedestrian crashes. A vehicle’s bumper may strike the lower body directly, causing fractures of the tibia, fibula, femur, ankle, or foot. Victims may also suffer torn ligaments, damaged cartilage, dislocated joints, or crushed tissue. These injuries can require surgery, physical therapy, assistive devices, and extended time away from work.
Head and Brain Injuries
A pedestrian may hit their head against the vehicle or the ground, resulting in a concussion or a more serious traumatic brain injury. Possible injuries include skull fractures, brain contusions, bleeding around the brain, and diffuse brain damage. Symptoms such as headaches, confusion, dizziness, memory problems, nausea, mood changes, or loss of consciousness may appear immediately or develop later. Head injuries are especially concerning because they can affect a victim’s ability to work, communicate, concentrate, and live independently.
Chest and Abdominal Injuries
The force of a pedestrian collision can fracture ribs and damage the lungs, heart, liver, spleen, kidneys, or other internal organs. Internal bleeding may not be visible at the accident scene, but it can become life-threatening without prompt treatment. Chest and abdominal trauma may require emergency surgery, hospitalization, and extensive follow-up care.
Neck, Back, and Spinal Injuries
Pedestrians may suffer whiplash, herniated discs, fractured vertebrae, nerve damage, or spinal cord injuries. Depending on the location and severity of the trauma, a spinal injury may cause chronic pain, weakness, reduced mobility, or partial or complete paralysis. Even injuries that do not involve the spinal cord can interfere with sleep, movement, and everyday activities.
Soft-Tissue Injuries and Road Rash
Sprains, strains, bruising, cuts, and abrasions are also common. A victim who is thrown or dragged along the pavement may develop road rash, which can damage several layers of skin and create a risk of infection or permanent scarring. Although these injuries may initially appear minor at first, they can still cause significant pain and require ongoing treatment.
Why Prompt Medical and Legal Attention Matters
Some pedestrian accident injuries are immediately obvious, while others worsen over the following hours or days. Seeking medical care creates a record of the injuries and helps doctors identify conditions that might otherwise go untreated. Victims should also preserve photographs, witness information, medical records, and other evidence connected to the crash.
If a negligent driver caused your injuries, a personal injury claim may help you pursue compensation for medical expenses, lost income, reduced earning capacity, pain and suffering, and other losses. Speaking with an experienced pedestrian accident lawyer can help you understand your rights and the steps required to protect your claim.
Oregon Traffic Laws That Protect Pedestrians
Oregon traffic laws give pedestrians strong protections, and these statutes often form the backbone of a pedestrian accident case.
Duty to stop for pedestrians (ORS 811.028). Oregon law requires drivers to stop and remain stopped for a pedestrian crossing the street in a crosswalk, whether the crosswalk is marked or unmarked. Importantly, a crosswalk exists at nearly every intersection, even without painted lines. A driver must remain stopped until the pedestrian has cleared the lane the vehicle is in and the next adjacent lane. Failing to do so is a traffic violation and strong evidence that a driver was negligent.
Pedestrian rights and duties (ORS Chapter 814). Oregon’s statutes also set out the responsibilities of pedestrians, such as obeying traffic control devices and using crosswalks where required. These rules matter because a driver’s insurance company will often try to shift blame onto the injured person.
Statute of limitations (ORS 12.110). In most Oregon pedestrian accident cases, you have two years from the date the accident occurred to file a lawsuit. Certain exceptions can pause or extend this deadline (for example, when the injured person is a minor), but waiting too long can permanently bar your claim.
Comparative negligence (ORS 31.600). Oregon follows a modified comparative negligence rule. You can still recover damages as long as you are not more than 50% at fault, though your recovery is reduced by your percentage of fault. This is why insurers work so hard to blame the pedestrian — and why having an accident attorney on your side matters.
Compensation Available in a Pedestrian Accident Case
Every case is different, but a well-documented personal injury claim may seek compensation for a range of losses, including:
- Medical expenses, including emergency care, surgery, hospital stays, medication, and future treatment
- Lost wages and reduced earning capacity if your injuries keep you from working
- Pain and suffering, emotional distress, and diminished quality of life
- Property damage, such as a damaged phone, clothing, or other personal belongings
For victims who suffer catastrophic injuries, the value of a claim can be substantial because the harm extends across a lifetime. An experienced injury attorney will work with medical and economic experts to make sure nothing is overlooked.
Schedule Your Free Consultation with an Oregon Pedestrian Accident Attorney
How Yaquina Law Can Help After a Pedestrian Accident
Once you’ve been injured in a pedestrian accident, the steps you take can shape your entire recovery. Our team investigates how the accident occurred, gathers police reports and witness statements, preserves evidence, deals with the insurance companies, and advises you on your legal options at every stage.
Read More from Yaquina Law: Working With a Personal Injury Attorney: The Typical Process
Frequently Asked Questions
Early offers are often far lower than what a claim is actually worth, especially when future medical expenses and lost wages are involved. Before accepting anything, it’s wise to review your legal options with an injury attorney who can evaluate the full value of your pedestrian accident case.
You may still recover compensation. Under Oregon’s comparative negligence law, you can pursue a claim as long as you were not more than 50% at fault. Your recovery is reduced by your share of responsibility, so it’s important to have someone protecting your interests when fault is disputed.
Generally, you have two years from the date the accident occurred. Because exceptions exist and evidence fades over time, it’s best to speak with an attorney as soon as possible.
You may still have options, including a claim through your own uninsured or underinsured motorist coverage. These cases can be complex, and an attorney can help identify every available source of recovery.
We handle pedestrian accident cases on a contingency fee basis, which means you pay no attorney fees unless we recover compensation for you. There is no upfront cost to discuss your case.
Seek medical attention immediately, even if you feel okay — some injuries appear later. If possible, document the scene, get contact information for the driver and any witnesses, and report the accident to police. Then contact an attorney before speaking with the driver’s insurer.
Talk to a Pedestrian Accident Attorney Today: Call (541) 272-5500
If you’ve been hurt because a driver failed to follow Oregon’s traffic laws, you shouldn’t have to bear the burden alone. Our team is ready to review what happened, explain your legal options, and fight for the medical expenses, lost wages, pain and suffering, and property damage you’re owed. Contact us today for a free, no-obligation consultation, and let us help you take the next step toward recovery.