Every day, innocent people are hit and injured in pedestrian accidents. Whether they are walking, running, or biking, pedestrians can be injured by drivers who are reckless or careless. If this happens to you, be sure to retain a Portland crosswalk accident lawyer to assist you.
One of the most important things to know about crosswalk accidents is how your Portland crosswalk accident lawyer will attempt to determine fault. In many cases, the driver is at fault for the pedestrian’s injuries, but not always. The parties that could be at fault are as follows:
- Driver: Drivers are often the responsible parties in pedestrian accidents. Sometimes, drivers are in a hurry and hit pedestrians in crosswalks. Driver errors that can lead to this include texting and driving, eating or drinking, or even drunk driving. If your Portland crosswalk accident lawyer proves that the driver caused the accident, you can obtain damages that include lost earnings, medical bills, and pain and suffering.
- Driver’s Employer: Under the legal theory respondent superior, an employer could be liable for your injuries if the driver was at fault and was working at the time of the accident. For example, if the driver was delivering flowers and is a full time employee, the employer could be liable for your injuries. However, if the driver was not working when the accident happened, the employer wouldn’t be liable. Proving that the person was working at the time of the pedestrian accident would be an important task for your Portland crosswalk accident lawyer.
- Pedestrian: In some cases, the pedestrian could be responsible for the accident. If you crossed the street when you didn’t have right of way or didn’t cross in a crosswalk, you might not be eligible for compensation. Your Portland crosswalk accident attorney will need to determine if you are still able to get compensation in this case.
Whoever was at fault, your attorney will need clear and convincing evidence to get you compensation. It is always the injured party’s burden to prove that the defendant is responsible for their injuries. Some of the evidence that may be important to prove fault includes photographs, eyewitness testimony, the police report, and physical evidence at the scene.
You can help your Portland crosswalk accident lawyer with your case by collecting evidence after the accident. If you are able to do so, get photos of the vehicle’s position, your position, your injuries, and pictures of any other vehicles involved. You also should get eyewitness statements and their contact information. Your attorney can collect this information, but it can be helpful to get evidence as early as possible to build a strong case.
It is particularly important in pedestrian accidents to have an attorney represent you. The reason is that pedestrian accidents tend to involve serious injuries. Imagine that you have broken bones and head trauma that keep you out of work for nine months. Most people would have difficulty continuing to pay their regular bills, let alone their medical bills. If you talk to the insurance company yourself, it is likely that you will not get enough compensation to cover your losses. Your crosswalk accident attorney will be more effective than you are in negotiating with the other driver’s insurance company. It is challenging to be an effective negotiator in a pedestrian accident case if you are the injured party and not an attorney. The insurance company would rather have you negotiate for yourself because they know you probably don’t know what the case is really worth. Always have a Portland injury attorney represent you for the best results.
