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Do I Need a Personal Injury Attorney After a Pedestrian Accident?

Posted on by Lakepoint Law Firm
Personal Injuray Attorney Salem

What to Do When You’re Involved in a Pedestrian Accident

Have you been hit by a motor vehicle while you were walking? Maybe you were crossing the street, or perhaps you were just standing, minding your own business. If you’ve been in a pedestrian accident in Salem, you need a competent personal injury attorney on your side.

What is a Pedestrian Accident?

Let’s be clear about what a pedestrian accident is, and what it isn’t. If one party involved in the crash was on foot and the other was in a vehicle, then it’s a pedestrian accident. The car can be a car, a motorcycle, or even a bicycle.

When a vehicle strikes someone on foot, it’s likely pretty clear at the outset if any of the parties were negligent and who might be at fault. It’s a sad fact, but no matter who was at fault, the pedestrian is always going to come out on the losing end, damage-wise.

Oregon law is very protective of pedestrians. For instance, every intersection, whether it’s marked with zebra stripes or not at all, is a legal crosswalk. If you’re obeying the common-sense laws, you’re likely protected.

Obeying the law doesn’t mean that you get to step off the sidewalk and walk into traffic with impunity. If there are traffic signals at a crosswalk, you have to obey them. Also, you can’t cross just anywhere. The street between intersections only counts as a crosswalk if it has proper markings.

So Whose Fault is It?

The most significant determination of who’s at fault in a given accident is which party didn’t follow their legal obligations in that situation. For instance, if a motor vehicle was driving at a legal speed and you got hit while jaywalking, they were obeying the law, and you were not.

There are other factors to consider, too. Even if a driver had the law on their side, they might have been acting negligently. Were they driving into the sun with a dirty windshield, no visor down, and without sunglasses? In that case, you could argue that they were negligent because they didn’t maintain a clear field of vision.

Should You Take Action?

Some people wonder if it’s even worth it to pursue damages against the driver of the vehicle. When you got hit, you almost certainly lost time off of work. You very possibly suffered some injury that limits your future ability to work and support your family, or to enjoy hobbies as fully as before.

This diminishes the quality of your life. Does your insurance pay for all of your hospital bills? What about physical therapy in the long term? Pursuing a lawsuit might be one of the best ways for you to ensure that the accident doesn’t set your family back financially.

What You Need to Do

If you’re ever in a pedestrian accident, make sure to follow procedures similar to what you would have done in a car accident.

  • Insurance: Get insurance information from the driver. This information includes the driver’s name, provider, and policy number.
  • Emergency Care: Arrange to get checked out at a hospital. Even if you’re feeling fine, it’s always good to go in. Internal injuries might not manifest until it’s too late to do anything about them.
  • Witness Statements: Stop as many witnesses as you can, and get their name and phone number, and retain it for your records. If you’re unconscious after the accident, you should be able to find this information in the police report.
  • Your Statement: Make sure to give your statement to the police as soon as you can. Whatever you do, don’t say anything to the other party. If the other party’s insurance or one of their investigators calls you for information, tell them that you only want to speak with your lawyer present.
  • Lawyer Up: Retain counsel to represent yourself. Don’t trust the other party’s insurance to do the right thing. Their sole concern is limiting their liability to you.

What Can a Lawyer do For You?

So why, exactly, should you get a lawyer in your corner? You are one person. The other party’s insurance is backed up by an army of attorneys, each of whom wants to keep from paying you a cent. These lawyers know accident law better than you do, and all they do every day is argue against cases just like yours.

Having the right attorney on your side can be the difference between the payout you deserve, and potential financial ruin caused by not being able to work. When you retain the services of a lawyer, you want to find one who specializes in traffic and pedestrian law.

Lakepoint is the Personal Injury Attorney of Choicepedestrian accident attorney salem

Lakepoint Law Firm works with Salem’s residents, and we’ve been a part of the community for over 30 years. We serve all of Salem and Marion County, as well as other areas. Jean Fischer, the team leader, is a highly experienced attorney who excels at getting her clients the payouts that they deserve.

Jean and her team understand the pain that comes after an accident. Whether it’s an injury that keeps you from work or even the tragic loss of a loved one to a negligent driver, we empathize. Our commitment is to get you back on your feet.

 

We’re very easy to work with. Just give us a call or fill out the contact form on our website, and we can set up a consultation. Let us know the particulars of your accident, and we’ll work our hardest to get you justice.

Don’t let your family’s future hang in the balance any longer. If you’ve been in a pedestrian accident, you owe it to yourself to hire the preeminent personal injury attorney in Salem. Give us a call right now to get the ball rolling.

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