Most accidents and injuries occur at non-intersection locations.
Motorists have the responsibility to yield the right-of-way to pedestrians, regardless of where they cross the street. Insurance companies will argue that accidents and injuries are caused by the pedestrian’s lack of due care or unawareness of traffic conditions.
Injuries from pedestrian accidents are often significant, even devastating. The pedestrian never wins against a heavier, faster car.
Pedestrian Accidents — Past Case Example #1
Mark McDougal, Robert Darby and Greg Kafoury
Robert Darby: Verdict: $1,000,000. Negligence. Robert Darby, 53, had lost his sight during college, yet he raised two infant daughters and went to law school while completely blind. PacifiCorp opened a manhole in the middle of a crosswalk in downtown Portland, placing a few cones in the area so that people would “see the danger.” He suffered a severe head injury when he fell into the open manhole.
Pedestrian Accidents — Past Case Example #2
D.F., a trained flagger, was standing in a roadway controlling traffic when a driver drove into her, knocking her a considerable distance, causing major orthopedic injuries, which required many surgeries. The case settled for a confidential amount.
Pedestrian Accidents — Past Case Example #3
I.C. was crossing a busy intersection in Beaverton when he was struck by a van while he was in the crosswalk. I.C. had the walk signal in his favor. I.C. suffered injuries to his tailbone, wrist, and back. The insurance company defending the case minimized the nature of I.C.’s damages. I.C.’s case was taken to trial and he was awarded over five times the amount offered by the insurance company.
Pedestrian Accidents — Past Case Example #4
O.V. had been window shopping with her husband in Waldport, when she was struck by a car while crossing the street. The street was Highway 101, and the impact was devastating. The woman who struck her was uninsured, so we made a claim for the uninsured motorist provision of O.V.’s auto insurance policy, and were able to reach an appropriate settlement.