Frequently Asked Questions About Pedestrian Accident Compensation in Oregon

Portland has some of the strongest legal protections for pedestrians in the country. Of course, that does not mean the roads are necessarily safe for people who choose to walk rather than travel by car, bicycle, or motorcycle. Sadly, we represent many pedestrian accident victims who suffer serious and sometimes fatal injuries while attempting to cross the street.

This article contains information in response to some of the more common questions people may have about the process for seeking compensation for a pedestrian accident in Oregon. While not a substitute for receiving actual legal advice, we hope this will help you to understand some of the basic legal principles involved.

Do Pedestrians Always Have the Right of Way?

No. Pedestrians have the right of way when they are lawfully crossing a street at a crosswalk or intersection. But pedestrians still have a duty to walk reasonably, so having the right of way does not mean a pedestrian can just step off the curb in front directly in front of a moving car.  Also, if you cross the street at any other point, then vehicular traffic has the right of way.

Assuming I Had the Right of Way, Is the Driver Who Hit Me Automatically At-Fault?

No. When making a claim against a driver’s liability coverage or filing a personal injury lawsuit, you still need to prove the driver who hit you was negligent in some way. Now, in many cases where a driver hits a pedestrian who was lawfully in a crosswalk, proving liability can be straightforward. But it is not guaranteed, especially if there were no other witnesses or corroborating evidence, such as camera footage, that can clearly show what happened.

Will the Driver’s PIP Benefits Cover Me?

If they were insured, it is a qualified yes. Oregon law requires all auto insurance policies to include Personal Injury Protection (PIP) coverage, which provides no-fault medical benefits when an insured vehicle hits a pedestrian. However, there is a law that details which insurance policy pays first and what they are responsible for paying, so it is not as straightforward as sending medical bills to the bad driver’s insurance company.  So, assuming the driver who hit you has auto insurance, their PIP coverage may pay you medical benefits. And unlike liability coverage, you do not have to prove the driver was negligent, only that their vehicle hit you. Unfortunately, most drivers only carry the minimum amount of PIP coverage, which is just $15,000.

Can I Seek Coverage Under My Own Insurance Policy?

Yes.  If you have your own auto insurance policy, that policy is first in line to pay your medical bills under your own PIP coverage.  For compensation, your own Oregon auto insurance policy must include at least $25,000 in uninsured/underinsured motorist (UM/UIM) coverage. This coverage protects you as a pedestrian. Basically, if you are the victim of a “hit and run” where a driver hits you and leaves the scene, the driver simply has no insurance, or the driver’s insurance is not enough to fully compensate you, then your UM/UIM coverage could step in and pay you benefits. And even if you are not a driver, you may still be protected by UM coverage if you are listed on a family or household member’s auto insurance policy.  There are many avenues for a personal injury attorney to explore on your behalf to try to help you if you are injured while a pedestrian.

Should I Speak with a Portland Pedestrian Accident Attorney?

Yes. Pedestrian accidents are often life-changing events for the victims. They often require extensive medical care and sustain financial and other losses that far exceed the typical car accident claim. So it is always in a person’s best interest to seek legal advice from a skilled Portland pedestrian accident lawyer. If you need to speak with an attorney, contact Rosenbaum Law Group, PC, today at 503-288-8000 to schedule a free consultation.