Newlin Law Offices: Protecting Pedestrian Accident Victims in Portland
The legal professionals at Newlin Law Offices understand that behind each case, there’s a person who has faced pain, trauma, and uncertainty. That’s why we strive to be not just attorneys but compassionate advocates focused on your well-being.
We’re prepared to stand by your side, shield you from legal challenges, and fight relentlessly for your rights. When your life takes an unexpected turn due to a pedestrian accident, we’re here to provide unwavering support, empathy, and a personalized touch to guide you through trying times.
Our dedication extends beyond the courtroom. It's about restoring hope, rebuilding lives, and ensuring that you have the resources and support you need to move on from your injuries. With Newlin Law Offices, you aren’t just a client — you're family, and your journey to recovery is our top priority.
Oregon Pedestrian Accidents Statistics
Pedestrian safety is a major concern in Oregon, and especially in Portland, as highlighted by these key points:
- High Fatality Rate: Pedestrians make up roughly 40% of traffic deaths in Portland (2018–2022) despite being a small part of the commuting population.
- Geographical Disparities: East Portland sees nearly double the number of pedestrian deaths per capita than the rest of the city.
- Common Crash Locations:
- 71% at intersections, with 44% at signalized ones.
- 20% involve left-turning drivers failing to yield.
- 25% occur mid-block due to sparsely marked crossings
- Low-Light Crashes: Nearly half of pedestrian crashes happen in low-light conditions.
Statistics like these demonstrate the importance of both cautious commuting to minimize the risk of accidents and seeking the aid of a personal injury attorney when unavoidable accidents occur.
Pedestrian Accident Cases We Handle
The experienced team at Newlin Law Offices proudly provides legal support and guidance to pedestrian accident victims throughout Portland. These accidents can result from various circumstances, and each case is unique. Here are some of the most common types of cases we handle.
Crosswalk Accidents
Crosswalks are designed to enable safe passage for pedestrians. When drivers fail to yield the right-of-way to pedestrians in crosswalks, accidents can occur.
Intersection Collisions
Pedestrian accidents are a frequent occurrence at intersections. Negligent drivers running red lights or failing to stop at stop signs can cause serious harm to pedestrians.
Hit-and-Run Incidents
It can be challenging to identify the responsible party in cases where a driver flees the scene of an accident. We work diligently to investigate hit-and-run incidents and explore all available avenues for compensation.
Drunk Driving Accidents
Impaired drivers pose a significant risk to pedestrians. If you've been injured by a drunk driver while on foot, our team is here to support you in pursuing a claim against the negligent motorist.
Distracted Driving Accidents
With the rise of smartphones and other distractions, pedestrian accidents related to distracted driving have become far more common. We help victims hold distracted drivers accountable for their actions.
School Zone Accidents
Accidents involving children in school zones require special attention and care. Our Portland pedestrian accident attorney understands the unique challenges these cases present and how to secure the compensation needed for recovery.
Elderly Pedestrian Accidents
Elderly pedestrians may be at a higher risk of injury in accidents due to their physical vulnerability. We provide compassionate representation for older individuals hurt in pedestrian accidents.
Bicycle-Pedestrian Collisions
Accidents involving bicycles and pedestrians can cause considerable harm. We handle cases where pedestrians have been injured by cyclists, working to ensure fair compensation and accountability.
Parking Lot Accidents
Pedestrian accidents can occur in parking lots when drivers fail to exercise caution. We assist victims involved in such accidents in pursuing claims for their injuries.
Sideswipe Accidents
Sideswipe accidents involving pedestrians can cause major injuries. Our legal team helps restore victims of sideswipe accidents so they can deal with these injuries.
Loss-of-Control Accidents
Sometimes, accidents occur when a driver loses control of their vehicle and strikes a pedestrian. Victims of these accidents need reliable representation, and Newlin Law Offices provides it.
Common Injuries Sustained in Pedestrian Accidents
Pedestrian accidents can result in severe and even life-altering injuries due to the inherent vulnerability of those on foot who are struck by motor vehicles. At Newlin Law Offices, we’ve seen the devastating consequences that these accidents can have on victims and their families.
If you've been involved in a pedestrian accident in Portland, it's crucial to understand the types of injuries that may occur. The following types of injuries are all common outcomes of pedestrian accidents.
Traumatic Brain Injuries (TBI)
Pedestrians are at risk of suffering traumatic brain injuries when their heads impact the ground, the colliding vehicle, or other objects during an accident. TBIs can range from mild concussions to severe and permanent brain damage.
Spinal Cord Injuries
In accidents where the force affects the spine, pedestrians may sustain spinal cord injuries. This damage can lead to partial or complete paralysis, affecting the victim’s mobility and overall quality of life.
Fractures and Broken Bones
Pedestrian accident victims frequently suffer fractures and broken bones in various parts of their bodies, including the arms, legs, hips, and pelvis, upon impact with a vehicle or the ground.
Internal Organ Damage
The force of a collision can easily cause internal injuries, including damage to organs like the liver, spleen, or kidneys. These injuries may require surgical intervention and ongoing medical care.
Soft Tissue Injuries
Soft tissue injuries encompass a range of injuries to the muscles, tendons, and ligaments. These conditions can be painful and may require extensive surgery or physical therapy.
Lacerations, Abrasions, and Bruises
Pedestrians often sustain cuts, scrapes, and bruises from contact with speeding vehicles, road surfaces, or other nearby objects. While less severe than some injuries, they can still lead to scarring and occasional medical complications.
Emotional Trauma
Pedestrian accidents can also give rise to emotional trauma, including post-traumatic stress disorder (PTSD), anxiety, and depression. These emotional injuries can have a major impact on a victim's overall sense of well-being.
Wrongful Death
Tragically, some pedestrian accidents result in fatalities. When someone is killed in a pedestrian accident, their surviving family members may be able to pursue a wrongful death claim to seek compensation for their loss.
What Damages Can I Recover in a Pedestrian Accident Case?
Economic Damages
Economic damages are designed to offset the financial repercussions of an accident. They can include:
- Medical Expenses: Compensation for past and future medical bills related to your injuries, such as hospital stays, surgeries, doctor's appointments, medication, physical therapy, and assistive devices.
- Lost Wages: If your injuries prevent you from working, you can seek compensation for the income you've lost and any potential future earnings that have been affected.
- Property Damage: If personal property (e.g., clothing, electronics) was damaged in the accident, you may be eligible for reimbursement or replacement costs.
- Rehabilitation Costs: Covers expenses for ongoing therapies, such as physical therapy, occupational therapy, or psychological counseling.
Calculating these damages tends to be fairly straightforward, provided there are records showing the various expenses the victim has incurred.
Non-Economic Damages
Non-economic damages are meant to compensate for effects that are intangible and difficult to quantify but nonetheless create demonstrable hardship in the victim’s life. Notable examples include:
- Pain and Suffering: Provides compensation for the physical and emotional distress you've endured due to the accident and your injuries.
- Emotional Distress: This may include damages for emotional trauma, anxiety, depression, or post-traumatic stress disorder (PTSD) resulting from the accident.
- Loss of Enjoyment of Life: If your injuries have diminished your quality of life or ability to participate in activities you once enjoyed, you can seek compensation for this loss.
A qualified accident attorney can assess your situation and give you a better idea of the type and amount of non-economic damages you stand to recover.
Punitive Damages
In rare cases where the at-fault party's conduct was particularly reckless, malicious, or egregious, the court may award punitive damages. These are intended to punish the responsible party and serve as a warning against similar behavior.
Understanding Insurance in Portland Pedestrian Accidents
Getting hit by a car as a pedestrian can be a traumatic experience, leaving you with injuries, medical bills, and many questions. One of the most common questions we hear is: "How does insurance work in these situations?"
Watch the video above to hear Todd Newlin explain the unique process of determining insurance coverage in pedestrian accidents in Portland. In Oregon, it's not always as straightforward as filing a claim with the at-fault driver's insurance company.
Here's a brief overview:
1. Your Own Auto InsuranceIf
you own a car and have auto insurance, your own Personal Injury Protection (PIP) coverage becomes your primary source of coverage for medical bills and other expenses, regardless of who was at fault in the accident.
2. Your Health InsuranceIf
you don't have auto insurance, your health insurance will typically cover your medical expenses. However, it's important to understand that your health insurance may have a right to be reimbursed out of any settlement you receive.
3. The At-Fault Driver's Insurance
You may also be able to file a claim with the at-fault driver's insurance company, especially if your damages exceed your PIP or health insurance coverage. This is where proving negligence and establishing the full extent of your injuries is crucial.
4. Excess PIP Coverage
If you have health insurance but still have out-of-pocket costs like copays and deductibles, you can utilize the excess PIP coverage from the at-fault driver's insurance to help cover these expenses.
Understanding Comparative Negligence in Pedestrian Accidents in Oregon
Pedestrian accidents are often complex, and determining fault can be a nuanced process. Oregon follows a comparative negligence system, which means that even if you were partially at fault for the accident, you may still be eligible to recover damages, albeit potentially reduced. Here's what you need to know about comparative negligence in pedestrian accidents.
As outlined in ORS § 31.600, comparative negligence means that fault can be allocated among multiple parties involved in an accident. This potentially includes pedestrians, drivers, and third parties.
When assessing liability, the court or insurance adjuster will assign a percentage of fault to each party involved. For pedestrians, this could mean weighing factors like jaywalking, crossing against a signal, or being inattentive to traffic.
If, as a pedestrian, you’re found to share some degree of fault for the accident, your compensation may be reduced proportionally to your percentage of fault. For example, if you were deemed 20% at fault and your total damages were $100,000, you might be eligible to recover $80,000.
It’s important to note that Oregon follows the modified comparative negligence rule, which means that other parties must be more than 50% liable (meaning you need to be less than 50% at fault) for you to seek compensation for the portion of damages attributed to the other party.
Our Proven Results: Past Case Success
How Our Pedestrian Accident Lawyer Can Help You
Attorney Todd Newlin, founder of Newlin Law Offices, is dedicated to providing comprehensive legal support in your time of need. He and his team understand the unique challenges pedestrian accident victims face and are here to offer aid and comfort. Here's how we can help.
- Case Evaluation: We offer a free consultation during which we’ll analyze the circumstances of your case and provide honest feedback.
- Legal Insight: Our team has much experience with pedestrian accident cases and in-depth knowledge of Oregon’s relevant laws.
- Comprehensive Investigation: We’ll conduct a thorough investigation into your accident, gathering evidence and working with experts when needed.
- Insurance Negotiation: We’ll handle negotiations with the insurance companies to secure fair compensation while you focus on recovering.
- Documentation and Filing: Our team will manage all the required paperwork and legal documentation.
- Litigation: We’re prepared to stand with you in court if necessary.
If you've been injured in a pedestrian accident in Portland, contact us for a no-obligation case review. Your rights and well-being are our top priorities, and we’re ready to do what it takes to defend them.
