On behalf of Berkshire Ginsberg, LLC posted on Friday, June 14, 2013.
Pedestrians who suffer harm because of a negligent driver have damage-recovery options to consider. For example, a local Portland man was impaired when he recently struck and injured a pedestrian. The 55-year old victim suffered serious injuries when the 60-year old man struck him with his Toyota Prius. The man has since been charged with operating a vehicle under the influence. According to police, the 60-year old man was impaired by something other than alcohol, however, the police said they will need a urine or blood test to determine what the substance(s) was. The accident remains under investigation. An auto-pedestrian accident can be particularly terrible, and result in serious injuries, because of the obvious overwhelming disparity between a vehicle and a pedestrian. Pedestrian accidents can result in severe injuries that can sometimes last a lifetime. The National Highway Traffic Safety Administration reports that 78,000 pedestrians a year are injured by a car or a truck. Pedestrians who are injured in pedestrian accidents may wish to seek compensation for injuries suffered from the negligent driver who injured them. A claim against a negligent driver brought by an injured pedestrian is a claim that the driver was negligent in the operation of the driver’s motor vehicle and caused the victim injury as a result. To be negligent, a driver must owe the victim a duty of care and have failed to meet that duty, causing injury. Distracted drivers who strike a pedestrian and drivers who fail to observe posted speed limit signs; disobey traffic signs or signals (such as running a stop sign); fail to yield the right of way to pedestrians in crosswalks; and drive under the influence of drugs and alcohol (as well as drivers in some other instances) and strike a pedestrian can all face liability. Each of these behaviors can be evidence of a driver’s failure to observe the required duty of care and of the driver’s negligence. Because of the inherent vulnerability of pedestrians, the law protects pedestrians and seeks to compensate pedestrian victims for injuries suffered in an accident. Compensation for damages from a negligent driver may be available for a variety of serious injuries that can follow an auto-pedestrian accident. Source: Portland Daily Sun, “Police: Driver Strikes Pedestrian on Franklin Street,” May 30, 2013