On behalf of Berkshire Ginsberg, LLC posted on Thursday, April 25, 2013.
Victims of auto-pedestrian accidents have options they may wish to consider to address the harm suffered. A Portland car accident recently claimed the life of a 62-year old man. The pedestrian accidentoccurred in the evening during a weekend. The man was walking near the crosswalk. He was pronounced dead at the scene of the auto-pedestrian accident. The motorist remained at the scene of the accident. It is not known at this time if he will face charges; the accident, and the cause of it, remains under investigation. Those who have been injured in an auto-pedestrian accident, or have lost a loved one in a fatal pedestrian accident, may consider a personal injury or wrongful death lawsuit to recover damages for harm such as medical expenses, lost wages and pain and suffering or loss of support and services, lost prospect of inheritance, and medical and funeral expenses in wrongful death cases. Personal injury lawsuits are based on negligence. Negligence refers to the failure to do (or not do) something that a reasonable person would do (or not do), in a like situation, to protect others from foreseeable risks. To establish the liability of a negligent driver in a pedestrian accident, the party bringing the lawsuit will have to show that the negligent driver owed the victim a duty of care and that the driver failed to fulfill that duty, causing the accident and the harm. A driver’s failure to obey traffic signs or speed limit signs (such as running a red light or a stop sign), disregarding road conditions, failure to yield to pedestrians in crosswalks or acting as a distracted driver can all be considered a failure to fulfill the driver’s duty of care. Those negatively impacted by a pedestrian accident have several options they should be aware of. Understanding these options, during what may feel like a vulnerable time following an accident, can be useful to victims. Source: The Oregonian, “Authorities identify pedestrian killed in Southeast Portland crash,” Everton Bailey Jr., April 15, 2013