Steps to Take Following a Pedestrian Accident in Eugene
In 2023, Eugene witnessed six pedestrian fatal injuries and 18 cases of pedestrian injuries. [1]
In the immediate aftermath of a pedestrian accident, there are often severe injuries, physical pain, and much confusion. Taking the following steps can be important for your health, safety, and any future legal proceedings:
- Move to a Safe Location if Possible: Stay at the scene of a pedestrian accident unless urgent medical attention is needed. Move to a safe area to avoid further harm and leave motor vehicles as they are unless advised otherwise by police.
- Call Emergency Services: In case of injuries during a pedestrian accident, call 911 immediately for quick police response and medical treatment. Follow the 911 operator’s instructions, including giving basic aid. Only move an injured person if there’s immediate danger, like fire. Stay until police arrive and they tell you that you can leave.
- Seek Prompt Medical Evaluation and Record Details: Ensure immediate safety, then get a thorough medical evaluation, as injuries may not be visible at first. Gather names and contacts of all police and emergency personnel. Note the condition of damaged personal property, like clothes or devices. Ask someone else to help you with these tasks if you are too injured.
- Document the Accident Scene: After a pedestrian accident in Eugene, meticulously document the scene. This evidence is vital for supporting your personal injury claim and strengthening your case with insurance or legal processes. Proper documentation aids in determining fault and ensuring maximum compensation for injuries and damages.
- Capture images and videos of the accident scene and injuries. Visual proof preserves details that may be forgotten. Photograph or take a video of crosswalks, signs, traffic signals, and license plates for context and verification. This aids in substantiating injury claims and property damage losses.
- Collect Contact Information of Witnesses: Getting witness contact information right after an accident is essential. Witnesses offer accounts that confirm incident details and support your version of events. Collect detailed contact info for future testimony needs. Witness statements are key in proving liability in pedestrian accident cases.
- Obtain Driver’s Information and Insurance Details: Exchanging information with the driver after an accident in Eugene is legally required. Share names, addresses, drivers license, vehicle registration, and insurance info. Stay at the scene to comply with the law; failing to meet this obligation can lead to legal issues. Proper documentation aids everyone involved in making the personal injury lawsuit process smooth.
Establish Liability in the Pedestrian Accident in Eugene
After a pedestrian accident in Eugene, establishing liability is a vital step in determining who is at fault and securing fair compensation for injuries and damages. The negligent party is determined by assessing evidence that shows negligence or fault. This typically involves collecting police reports, medical records, and witness statements to build a comprehensive case.
Eugene operates under a modified comparative negligence rule, which means that fault can be shared among parties involved in an accident. Oregon’s comparative negligence law states that an injured party can recover damages as long as they are not more than 50% at fault for the accident. If a pedestrian is found partially responsible, compensation is reduced by their percentage of fault. For example, if a pedestrian is awarded $100,000 in damages but found to be 30% at fault, they would receive $70,000 instead. ORS 31.600
- Gathering Evidence to Support Your Claim: To establish liability, gather comprehensive evidence to demonstrate the other party’s fault while minimizing any assigned to you. It includes pictures from the accident scene, traffic signal data, police reports, and witness testimonies. These pieces of evidence serve to paint an accurate picture of the incident, helping to assign appropriate fault percentages.
- Why Legal Representation Matters: Navigating the complexity of comparative negligence requires skilled legal interpretation. An experienced personal injury attorney can help evaluate your case, ensuring that liability is fairly assigned. Pedestrian injury attorneys in Eugene can work to disprove any incorrectly assigned comparative fault that could reduce your compensation unjustly.
- Negotiating with Insurance Companies: Since insurance companies may attempt to assign you a higher percentage of fault to reduce payouts, having legal representation is beneficial. Your personal injury attorney can negotiate on your behalf, counter arguments made by the insurer, and present evidence to solidify your position.
- Assess Traffic Laws and Regulations Violated: Understanding traffic laws is vital after a pedestrian accident. Oregon law requires drivers to yield to pedestrians at crosswalks. Failure to do so breaks these laws, leading to potential legal consequences. Such violations demonstrate the driver negligence, increasing the chances of proving their liability. Knowing these laws is key to building a legal case and emphasizes pedestrian safety in Oregon.
Oregon's Claim Filing Deadlines And Reporting Requirements
In Oregon, notifying the DMV of a pedestrian accident within 72 hours is a legal requirement. Recently, an online option for filing this document has been released and can be accessed here.
Eugene, Oregon, adheres to specific timelines when it comes to filing lawsuits following pedestrian accidents. The Statute of Limitations mandates that you must file a pedestrian accident lawsuit within two years from the date of the accident. Failing to adhere to this timeframe could result in losing the chance to seek compensation. ORS 12.110.
Contact Goldberg & Loren’s Eugene pedestrian injury lawyers for legal assistance with your pedestrian injury case.
Frequently Asked Questions (FAQs)
While it is not required to have an attorney, it can be beneficial. Personal injury lawyers can help navigate the legal process, negotiate with insurance companies, and maximize your compensation.
Important physical evidence includes medical records, photographs of the scene and injuries, witness statements, police reports, and any other documentation of expenses related to the accident.
Yes, Oregon operates under a comparative negligence rule, which means you can still receive compensation even if you were partly at fault. However, your compensation may be reduced by your percentage of fault.
Source:
[1] Oregon Department of Transportation : Crash Data Viewer : Data & Maps : State of Oregon. (n.d.-b). Crash Data Viewer : Oregon Department of Transportation. https://www.oregon.gov/odot/data/pages/crash-data-viewer.aspx
