On behalf of Berkshire Ginsberg, LLC posted on Tuesday, December 18, 2012.
There have been a number of very tragic pedestrian accidents in the Portland area over the last few months. Most recently struck a 23-year-old who was on his way to catch the train to work in downtown Portland. The tragic accident shocked residents of Beaverton, where the young man lived. The driver pled guilty to the fatal pedestrian accident. She was charged with criminally negligent homicide and received two years in prison for the crime. The auto accident happened when the young man was crossing the intersection. According to reports the light had just turned yellow when the driver accelerated. The light turned red as she entered the intersection. According to investigators the young woman driving the vehicle was going nearly twice the speed limit when she struck the man. The impact of the car crash knocked the pedestrian out of his shoes and ripped the clothing from his body. In addition to the criminal charges the family of the deceased will also have an opportunity to file a civil suit against the driver. In order to prove negligence, the plaintiff must show the defendant had a duty to act in a certain manner that the defendant breached that duty and the breach was the cause of the plaintiff’s injuries. In cases where both parties contribute to the injuries the court will use the doctrine of contributory negligence to allocate damages. Contributory negligence is used to assign blame in cases where the plaintiff contributes in some way to their own injuries. In the case above, the pedestrian was walking before the light had changed. In such cases, the court may assign a portion of the blame to the victim. This typically occurs in the form of a percentage. Once the blame is allocated, the court will then reduce the damages by the amount the injured party was responsible for their injuries. Source: Oregon Live, “Aloha woman was driving nearly twice the speed limit when she struck and killed Beaverton man, prosecutor says,” Rebecca Woolington, Dec. 11, 2012