Portland Pedestrian Accident Lawyer
You don’t expect to get hurt while walking your dog in the morning, going for a run at the waterfront, or enjoying a night out in downtown Portland. Yet pedestrians of all ages can suffer serious harm in so many places around the city. These kinds of incidents can lead to devastating physical, emotional, and financial losses that change the rest of your life.
Pedestrian injury claims can be complex and technical. The rules regarding right of way and liability can vary depending on whether you were in a crosswalk, on a sidewalk, or on the shoulder of the road.
Attorney Rob Kline understands what you are going through. He’s here to help you every step of the way with dedicated legal representation. For a free consultation with a proven pedestrian accident lawyer near you, contact our Portland law office today.
Common Causes of Pedestrian Accidents
Most pedestrian accidents happen because of driver negligence. A careless driver who isn’t paying attention or who fails to follow the rules of the road can cause devastating injuries.
Common examples of negligent driving that lead to pedestrian accidents include:
- Drivers who fail to yield to pedestrians at crosswalks or intersections
- Drivers who run red lights or ignore stop signs
- Drivers who speed through areas with heavy foot traffic such as school zones or residential neighborhoods
- Drivers who are distracted while behind the wheel (e.g., texting while driving, looking up directions, eating while driving)
- Drivers under the influence of alcohol or drugs
Low-Light Conditions
According to findings by Portland’s Vision Zero program, approximately 49% of all pedestrian crashes occur at night or in other low-light conditions. Whenever it’s dark out, pedestrians should consider wearing light and/or reflective clothing and being extra-cautious when crossing the street. While not legally required, drivers and law enforcement frequently blame pedestrians for wearing dark clothing.
Crosswalk and Intersection Accidents
Many pedestrian accidents in Portland happen when drivers turn without looking or strike people who are in a designated crosswalk. Distracted drivers can also veer onto sidewalks and strike pedestrians who are waiting at a street corner. Our law firm can investigate the circumstances and hold the negligent driver accountable.
Hit-and-Run Pedestrian Accidents
A hit-and-run pedestrian accident is especially serious. If a driver flees, our law office can work with the police to identify them or pursue compensation through your insurance. In Oregon, every auto policy must include uninsured motorist coverage, which can help provide compensation in hit-and-run cases.
Accidents Outside of Crosswalks
While jaywalking is not legal in Oregon, many people cross the street without obeying traffic laws. When these kinds of accidents occur, questions about right of way and shared fault may arise. No matter the circumstances of your injury, our firm can help you seek compensation.
Why You Need a Local Pedestrian Accident Lawyer in Portland
While there are many national law firms that handle pedestrian accident cases, it’s best to find a Portland pedestrian accident attorney who is based in the city, like Rob Kline.
- Knowledge of State Laws and Local Courts: Local attorneys will be familiar with local courts, law enforcement, judges, and medical facilities. Rob can get police reports and point you toward various resources in Portland that can help in your recovery and your claim.
- Understanding of Where Accidents Happen and Why: Local lawyers will know Portland’s most dangerous roads and intersections. There may be a streetlight that’s been out for some time, or an issue with signage and sightlines. Portland-based pedestrian injury lawyers can use this local knowledge to build stronger and more compelling cases.
- Personal Attention and Access for Clients: Many national firms will pass you off to a case manager and just treat you like a number or a folder. When you hire a local attorney, you have more direct access and personal involvement. You can reach out with your questions, express concerns about your case, and get meaningful attention so you do not feel ignored.
- Experience Negotiating with Insurance Companies: A good local lawyer can handle communication with insurance companies and ensure you do not settle too soon or for less than you deserve. Rob began his career defending large corporations and insurance companies. He understands insurance companies’ lowball tactics, and he won’t let them take advantage of you.
Potential Injuries Sustained in Pedestrian Accidents
Some of the most common injuries reported by pedestrian accident survivors in Portland include:
- Traumatic brain injuries (TBI)
- Spinal cord injuries (SCI)
- Bone and joint fractures
- Damage to internal organs
- Nerve and soft tissue damage
- Loss of limbs
Some of these injuries can cause permanent changes in your mobility, cognition, memory, and overall ability to perform certain tasks. These are known as catastrophic injuries, and they will impact your daily life in addition to your future earning potential and career goals.
Paying Your Medical Bills After a Pedestrian Accident
Don’t wait for a settlement to pay your medical bills after you’ve been injured. The process can take time, and you should not ignore these expenses.
- Your Own Health Insurance: Submit all of your medical bills to your own medical insurance.
- Personal Injury Protection (PIP) Coverage: If you have car insurance but got hurt as a pedestrian, you are eligible for PIP coverage under your policy, which is the first source to pay your bills.
- The At-Fault Motorist’s Insurance: When you make a claim against the driver, their insurance can help cover remaining out-of-pocket costs and compensate you for pain, suffering, mental anguish, and other intangible harms.
- Uninsured/Underinsured Motorist (UM/UIM) Coverage: If you were hit by a driver who does not have insurance or doesn’t have enough insurance, you can use your UM/UIM coverage. Unlike PIP, UM/UIM coverage is fault based, so you must prove that the driver is legally responsible for your injuries.
- Payment Plans with Your Healthcare Provider: You can also discuss a payment plan with your healthcare provider to ensure bills get paid and medical debt will not affect your credit.
Our team can help you figure out the best way to cover your medical bills on time based on your injuries, your available insurance, and your financial situation.
Compensation After a Pedestrian Accident
Victims of pedestrian accidents often suffer extensive losses given the nature of their injuries. When handling your pedestrian compensation claims, we pursue every category of damages available to you.
- Medical Expenses: All hospital bills, doctor visits, surgery costs, medication, physical therapy, and any future medical care related to your injuries.
- Compensation for Lost Wages: Income you lost because you could not work during your recovery, as well as wages you may lose in the future if your injuries affect your long-term earning capacity.
- Permanent Injury or Disability: If the pedestrian accident left you with a lasting impairment, disability, or visible scarring, you deserve compensation for your reduced earning capacity and its profound impact on your life and future.
- Pain and Suffering: Compensation for the physical pain and emotional distress you have endured. Serious injuries can cause lasting pain, depression, anxiety, or trauma that diminishes your quality of life.
- Loss of Enjoyment: This covers the loss of the ability to enjoy day-to-day life and activities. If you can no longer engage in hobbies, exercise, or other activities you loved before, these intangible losses should be compensated.
- Other Injury-Related Expenses: Any out-of-pocket costs or financial losses related to the accident. This may include the cost of hiring help for errands and household chores you cannot do during recovery, travel expenses for medical appointments, or damage to personal property (e.g., a phone, a laptop, clothes or accessories).
Special Considerations for Pedestrian Accidents Involving Children
Pedestrian accidents involving children can be especially traumatic experiences. Children who survive these kinds of collisions can experience post-traumatic stress disorder (PTSD), nightmares, and anxiety.
While money cannot undo the harm caused by a serious child injury, a fair pedestrian accident settlement can provide stability as your child grows up and moves forward in life.
Compensation for Fatal Pedestrian Accidents
If you’ve lost a loved one in a fatal pedestrian accident, you have our deepest condolences. When you feel ready to discuss what happened, we can help you bring a wrongful death claim.
Compensation in a fatal pedestrian accident case can help cover funeral expenses, grief counseling, the loss of future benefits and financial contributions to the household, and loss of companionship.
Pedestrians Can Seek Compensation Even If They Were Partly at Fault
The state’s contributory negligence rule (Oregon Revised Statutes § 31.600) allows you to recover damages in a pedestrian accident case as long as you were not more than 50% at fault.
For example, if you were awarded $100,000 in a pedestrian accident lawsuit but were found 10% at fault for what happened, you would still recover $90,0000 in damages to help cover your losses.
Navigating comparative negligence in Oregon can be complex, and insurance companies often try to shift more blame onto pedestrians to reduce payouts. Attorney Rob Kline can push back against these claims to secure fair compensation for you based on the facts.
The Deadline to File a Pedestrian Accident Lawsuit in Oregon
In Oregon, the statute of limitations for pedestrian accidents differs depending on the loss of life.
- For pedestrian accidents that cause injuries, you typically have two years from the date of the incident to settle or file a lawsuit (ORS § 12.110)
- For fatal pedestrian accidents, you typically have up to three years from the date of your loved one’s passing to settle or file a wrongful death action (ORS § 30.020)
Keep in mind that there are exceptions to the above deadlines depending on the parties that were involved in the pedestrian accident. If you fail to take legal action before the statute of limitations expires, you will likely lose your right to seek compensation.
It’s best to contact a Portland pedestrian accident lawyer as soon as possible. Rob Kline and his team can protect your rights and give yourself the best chance at a successful legal claim.
The Pedestrian Accident Claims Process
While each case is different, this is a general overview of what to expect if you file a pedestrian injury claim in Portland.
Opening a Pedestrian Accident Claim
Compensation usually begins with a claim against the at-fault driver’s insurance. Adjusters may pressure you to give statements or accept low offers. Rob Kline can handle your claim so you don’t face insurers alone. We communicate directly with them to protect your rights.
Building Your Pedestrian Injury Case
The first step is to gather strong evidence, including police reports, witness statements, camera footage, and medical records. This evidence demonstrates the driver’s fault and the full extent of your losses. The goal is to stop insurers from undervaluing your claim.
Negotiating a Pedestrian Injury Settlement
In many cases, we resolve matters through a fair settlement. Rob is a skilled negotiator who knows how to present evidence so insurers take your claim seriously. Once they see we have thoroughly worked up the case and are prepared to file a lawsuit, they often increase their offers.
Taking Your Case to Court
If insurers refuse fair compensation, we will file a pedestrian accident lawsuit on your behalf. Rob is an experienced trial attorney. He prepares every case as though it will go to trial, which often encourages insurers to make stronger settlement offers. If a trial is required, you can be confident that your case will be presented clearly and effectively.
Identifying All Liable Parties
Some cases involve more than one responsible party. If the driver was working, their employer may be liable. If a broken signal or unsafe crosswalk contributed to a pedestrian accident, the city of Portland or a local municipality may share fault. We investigate all angles to maximize your compensation.
Why Portland Trusts Attorney Rob Kline After a Pedestrian Accident
Choosing the right attorney can make all the difference in your pedestrian injury case. Rob Kline and his team have the background, skills, and dedication that you need.
Rob and his team treat every client with compassion and respect. You will be heard and kept informed at every stage of your case. You will never feel like just another file on our desk.
- Decades of Legal Experience: With over 25 years of legal experience, Rob Kline knows Oregon personal injury law inside and out. Rob is a past president of the Oregon Trial Lawyers Association, and he’s helped countless accident survivors and families.
- Deep Knowledge of Pedestrian Laws: Rob Kline authored the Oregon Pedestrian Law Guide 2.0, the go-to handbook on our state’s pedestrian rights and laws. Few attorneys know Oregon’s pedestrian laws better than Rob. He is also one of the lead authors on the wrongful death and survival actions chapter in Tort Law in Oregon (2024 Edition), published by the Oregon State Bar.
- A Record of Results: Rob has a proven track record of success, including multi-million dollar recoveries for his clients. He fights tirelessly to maximize the financial compensation each client receives.
- Legal Excellence and Recognition: Rob Kline is a top-rated pedestrian accident attorney. He earned Martindale’s prestigious AV Preeminent® peer-review rating for the highest level of professional excellence, and he holds a perfect 10.0 “Superb” score on Avvo. These honors reflect his commitment to ethical, effective advocacy.
Contact a Portland Pedestrian Accident Attorney Near You
A serious pedestrian accident can bring lasting challenges, but you do not have to face them alone. You have the ability to fight for full and fair compensation for your losses. Let Rob Kline and his team pursue justice on your behalf. To set up a free consultation with a trusted pedestrian accident lawyer near you, contact our Portland, OR law office today.
