On behalf of Berkshire Ginsberg, LLC posted on Thursday, July 11, 2013.
Victims of pedestrian accidents may experience serious injuries and should be aware that legal options exist to help them. A young boy was struck by a car in Portland recently in an accident left him in critical condition. The boy suffered severe injuries in the accident which occurred near an intersection while the boy was in a crosswalk. The woman who struck the boy remained at the scene to speak with police investigators. Witnesses to the accident disagreed as to what took place. The 10-year old boy and his family were stopped, in a crosswalk, in the median section of a 4-lane road waiting on traffic beacons to safely cross the remainder of the roadway. One witness said that the young boy ran out into traffic without giving the driver of the car any time to respond. He also mentioned that a group advertising fireworks sales in the median may have obstructed the driver’s view. A second witness, part of the group advertising fireworks, said that the driver had time to stop and did not even slow down. Neither speed nor alcohol appears to be factors in the accident and no citations have been issued. Pedestrian accidents can be extremely serious and even deadly. Those who suffer injuries related to a pedestrian accident may experience a difficult recovery and damages related to the accident. If a victim is injured due to the carelessness of another, such as a negligent driver’s failure to yield to the pedestrian in a crosswalk, the victim may be able to recover compensation for those injuries. In the case of auto-pedestrian accidents, pedestrian victims can bring a claim against a negligent driver provided that they are not more to blame for the accident than the driver. If the pedestrian contributed to the accident, but is not the majority to blame, the pedestrian victim can bring a lawsuit and any recovery the victim is awarded will simply be adjusted according to the pedestrian’s own liability in the accident. When a child is the victim, however, the law imposes a higher duty of care on the driver than the pedestrian child because children can be unpredictable and are less visible due to their size. Pedestrian accidents can result in serious injuries and severe harm. Victims of pedestrian accidents should understand that the legal system seeks to protect them and their best interests following an accident. Source: The Oregonian, “Young boy struck by car, suffers traumatic injuries on Southeast 82nd Avenue,” Joseph Rose, July 4, 2013