On behalf of Berkshire Ginsberg, LLC posted on Friday, November 2, 2012.
Readers of this blog know how dangerous the roads in and around Portland can be. Whether two cars are involved in a collision, or whether an unfortunate bicyclist or pedestrian is the victim, the serious injuries and fatalities that pass through local emergency rooms every day bear witness to the risks residents face. A recent pedestrian accident just south of Portland on 99E is one of the latest examples. Two people, a 31-year-old Portland man and a 29-year-old Gresham woman, were crossing the highway at an intersection in the middle of the night. They were hit by a Dodge Charger as they were passing through the southbound lane. They sustained serious injuries in the accident. The driver, a woman in her late 40’s, was arrested for driving under the influence of intoxicants, as well as two counts each of third-degree assault and recklessly endangering another person. Pedestrians are generally entitled to compensation for injuries caused by a negligent driver, that is to say, a driver who does not exercise “reasonable care under the circumstances.” As was the case in this pedestrian accident, driving under the influence of intoxicants is one factor which often contributes to driver negligence, although some others include distracted drivers, speeding and drivers’ failure to observe traffic signals. The latter is of particular concern in this recent pedestrian accident, as the intersection has electric turn signals, the crosswalks are marked and street lights illuminate the intersection from above. According to the National Highway Traffic Safety Association, over 78,000 pedestrians every year are injured by motor vehicles in accidents like this. Such injury victims need to be aware of their rights to recover damages from negligent drivers – they need not struggle through the physical and financial challenges on their own. Source: KOIN Local 6, “OSP: Did you see this Hwy. 99E crash?,” Oct. 29, 2012