The Herron Law Firm, a leading pedestrian accident law firm in Portland, Oregon, would like to answer some of the common questions about pedestrian-car accidents. These serious accidents often involve severe injuries and it is vital that the injured party get the compensation they need for a full recovery.
Below are some of the most common questions we receive:
Who pays for an injured pedestrian’s medical bills?
If you are in a state with Personal Injury Protection coverage such as Oregon, your PIP benefits will pay for your medical bills up to a certain amount. Also, your health insurance should cover your medical bills.
If the other driver is at fault, you can file a claim or lawsuit against the other driver. Their insurance company will need to reimburse you for your medical bills if there is a settlement or a verdict in your favor.
Can I sue if I was hit by a car?
Yes, but only if the driver was at fault. If you were in a crosswalk, for example, when the car hit you, a lawsuit will probably be successful. However, if you were crossing the street in the dark and there was no crosswalk, it will be hard to get compensation in a claim or lawsuit. However, there have been cases where a pedestrian was hit by a car outside a crosswalk and still got a sizable settlement. Much depends on the circumstances of the case and the skill of your attorney.
What compensation can a pedestrian get if he is hit by a car?
You could be eligible for these damages:
- Medical costs
- Lost earnings
- Future medical costs
- Past and future pain and suffering
- Past and future lost wages
- Scarring and disfigurement
- Mental anguish
- Loss of capacity to enjoy life
Who is at fault for hitting a pedestrian?
If the car hits the pedestrian while she is in a crosswalk, the driver is at fault. Your case will be much stronger if you were in a crosswalk and had the right of way when the car hit you.
However, if the car hits you when you are not in a crosswalk, both of you could be at fault. Or the pedestrian could be completely at fault. The value of the case depends on your injuries and your degree of fault for the accident. If you are 100% at fault for the accident, you cannot get compensation for your injuries.
Is my case better if I am hit by a drunk driver?
Yes. Cases where a drunk driver hits a pedestrian are worth more than if the driver was just careless. This is because you can sue the drunk driver for punitive damages. Punitive damages are on top of compensation for economic costs and pain and suffering. These damages are intended to punish the drunk driver for reckless conduct.
Is the driver the only person I can sue?
Usually you sue the driver who hit you in a pedestrian accident. But if the driver had a problem with their car, such as the brakes, you might be able to sue the auto repair shop for not doing the maintenance right. If the driver was drunk and was overserved at a bar, it is possible in some states to sue to the bar or restaurant that served the driver.
Is my pedestrian case worth more if I have surgery?
Yes. Many pedestrian accidents have serious injuries that require surgery. Surgery and hospital stay always increase the value of your case. If you have surgery and a hospital stay, you should talk to a pedestrian accident law firm, such as The Herron Law Firm, right away.