Aug 14, 2025
Pedestrian Accidents: Protecting Your Rights After a Serious Injury
Every year, thousands of pedestrians are injured or killed in traffic accidents across the United States. While advances in road design, lighting, and safety technology have made driving safer, pedestrians remain among the most vulnerable road users. A moment of distraction, a poorly timed turn, or a speeding driver can change a person’s life forever. Working with experienced pedestrian accident attorneys and understanding your rights can make a significant difference in your recovery, your financial stability, and your ability to hold negligent drivers accountable.
For a detailed overview of how our legal team handles these cases, you can visit our page here: Pedestrian Accidents.
Understanding the Dangers Pedestrians Face
Pedestrians have little to no physical protection against vehicles weighing several thousand pounds. Even at moderate speeds, an impact can cause devastating injuries. Statistics from state transportation departments and the National Highway Traffic Safety Administration consistently show that pedestrian fatalities make up a growing percentage of all traffic deaths. Many of these accidents occur at intersections, parking lots, and residential streets—areas that people assume are relatively safe.
Common causes include distracted or impaired driving, failure to yield at crosswalks, poor visibility, and speeding through intersections. Evening and nighttime hours are especially dangerous, particularly during rainy weather or low-light conditions that reduce a driver’s ability to see clearly.
Common Injuries in Pedestrian Accidents
The severity of pedestrian injuries depends on vehicle speed, the angle of impact, and whether the pedestrian was thrown onto another object such as a curb or parked car. Typical injuries include broken bones, pelvic fractures, spinal cord trauma, traumatic brain injuries, internal bleeding, and severe lacerations. Even when victims survive, the road to recovery is long and expensive. Many require multiple surgeries, months of physical therapy, and long-term care to regain mobility or independence.
Emotional trauma often accompanies physical injury. Victims may develop anxiety, depression, or post-traumatic stress disorder after a violent collision. For some, simply crossing a street again can be psychologically overwhelming.
What to Do Immediately After a Pedestrian Accident
Taking the right steps and finding qualified pedestrian accident attorneys can protect both your health and your legal rights. The first priority is safety and medical care, followed by documentation and contacting an experienced attorney.
Seek medical attention right away, even if you believe your injuries are minor. Some serious conditions—like internal bleeding or concussions—may not produce symptoms for hours or days. Obtaining prompt medical treatment also establishes an important record that connects your injuries to the accident.
Always contact law enforcement to create an official report. The police report provides crucial evidence of what happened, identifies witnesses, and may note any signs of driver negligence such as distraction or intoxication. If you are able, take photos of the scene, your injuries, and the surrounding area. Record traffic signals, crosswalks, weather conditions, and any vehicle damage.
Get names and contact information from witnesses before they leave the scene. Eyewitness statements often help resolve disputes over who had the right of way. Do not discuss fault with the driver or their insurance company. Anything you say could be used later to reduce or deny your claim.
Finally, contact qualified pedestrian accident attorneys as soon as possible. The sooner your lawyer becomes involved, the easier it is to preserve evidence, interview witnesses, and obtain traffic or security camera footage before it is erased.
Determining Liability in a Pedestrian Accident
Establishing who is legally responsible for a pedestrian accident is not always straightforward. Drivers have a duty to operate their vehicles safely and to yield to pedestrians in crosswalks, intersections, and other designated zones. When they fail to do so, they can be held liable for resulting injuries. However, insurance companies may argue that the pedestrian was partially at fault, for example by crossing outside of a marked crosswalk or stepping into the road unexpectedly.
Oregon and many other states follow comparative negligence laws, which means that each party’s share of fault affects the amount of compensation they receive. If you were 20 percent at fault, your total recovery could be reduced by 20 percent. Determining this percentage is complex and heavily dependent on the evidence presented. That is one reason why having an experienced personal injury lawyer is essential.
The Role of Negligence
Most pedestrian accident claims are based on negligence—the failure to use reasonable care. Proving negligence involves four key elements:
- Duty of Care: The driver had a legal duty to exercise caution toward pedestrians.
- Breach of Duty: The driver acted carelessly or unlawfully, such as by texting, speeding, or running a red light.
- Causation: The driver’s actions directly caused the accident and resulting injuries.
- Damages: The pedestrian suffered measurable harm, including medical expenses, lost wages, and pain and suffering.
When all four elements are supported by evidence, a strong case for compensation can be made.
Gathering and Preserving Evidence
Evidence is the foundation of every successful pedestrian accident claim. A skilled attorney will quickly begin collecting and preserving proof such as traffic camera footage, body-cam video from responding officers, and cell phone records showing possible distraction. Vehicle event data recorders (EDRs), sometimes called “black boxes,” can reveal speed and braking activity seconds before impact.
Medical records are equally important, documenting the nature, severity, and cost of treatment. Expert witnesses—such as accident reconstruction specialists, orthopedic surgeons, or vocational economists—may be retained to explain the full scope of your losses. The goal is to create a comprehensive picture of how the accident has affected your life physically, emotionally, and financially.
Types of Compensation Available
Pedestrian accident victims may recover several forms of compensation, depending on the circumstances of the crash.
Economic damages cover measurable financial losses:
- Emergency medical care, hospital bills, and rehabilitation
- Future medical needs and long-term treatment
- Lost wages and loss of future earning capacity
- Transportation to medical appointments
- Home modifications or assistive devices
Non-economic damages compensate for intangible harm:
- Physical pain and suffering
- Emotional distress and mental anguish
- Loss of enjoyment of life
- Permanent disfigurement or disability
- Loss of consortium for spouses or partners
In cases involving egregious misconduct, such as drunk or reckless driving, punitive damages may also be pursued to punish the wrongdoer and deter similar behavior.
How Insurance Companies Handle Pedestrian Claims
Pedestrian accident claims often involve multiple insurance policies, including the driver’s liability insurance, your own personal injury protection (PIP) coverage, and possibly underinsured or uninsured motorist benefits. Insurance adjusters may appear sympathetic, but their goal is to minimize payouts. They might attempt to downplay your injuries, shift blame, or pressure you into accepting a low settlement before the full extent of your damages is known.
Having an attorney handle all communications prevents these tactics from undermining your case. Your lawyer will manage correspondence, submit formal demand letters, and ensure all deadlines are met. If an insurer refuses to negotiate fairly, your attorney can file a lawsuit and take the case to court.
The Importance of Timely Action
Every state has a statute of limitations—a strict deadline for filing a personal injury claim. In Oregon, most pedestrian accident claims must be filed within two years of the date of the accident, though certain circumstances may shorten or extend that period. Missing this deadline usually means losing your right to recover compensation altogether.
Prompt action also ensures that critical evidence does not disappear. Surveillance footage may be erased within days, and witnesses’ memories fade quickly. By contacting a lawyer right away, you improve your chance of gathering the strongest possible evidence.
The Legal Process Step by Step
- Initial Consultation: Your attorney reviews the facts, evaluates your injuries, and outlines potential strategies.
- Investigation: Evidence is gathered from the accident scene, medical providers, and witnesses.
- Claim Filing: A demand is submitted to the at-fault party’s insurance company, supported by detailed documentation.
- Negotiation: Your attorney and the insurer attempt to reach a fair settlement. Most cases resolve at this stage.
- Litigation: If negotiations fail, your attorney files a lawsuit. Discovery begins, with depositions, expert testimony, and document exchange.
- Trial or Settlement: If the case does not settle, it proceeds to trial, where a judge or jury determines liability and compensation.
Throughout the process, your attorney’s role is to keep you informed, protect your rights, and pursue the best possible outcome.
When Pedestrian Accidents Turn Fatal
Tragically, many pedestrian collisions result in fatalities. In these cases, the victim’s family may pursue a wrongful death claim. Compensation can include funeral and burial costs, loss of companionship, loss of future earnings, and emotional suffering. While no amount of money can replace a loved one, financial recovery can help families remain stable while they grieve and rebuild their lives.
The Role of Expert Testimony
In complex or disputed cases, expert witnesses can play a pivotal role. Accident reconstruction experts analyze skid marks, vehicle damage, and road geometry to determine how the collision occurred. Medical specialists testify about the extent of the injuries and the future cost of care. Economists quantify lost earning potential and household contributions. Their professional insights help clarify issues for judges and juries and strengthen the plaintiff’s position.
Pedestrian Safety and Prevention
While pedestrians cannot control every driver’s behavior, there are steps everyone can take to reduce risk. Wearing bright or reflective clothing at night, crossing at marked intersections, obeying traffic signals, and avoiding distractions such as headphones or phones can improve safety. Communities can also make changes, such as better lighting, traffic-calming measures, and dedicated pedestrian pathways.
However, safety initiatives do not excuse negligent drivers. The responsibility to drive carefully and watch for pedestrians remains with those behind the wheel. When drivers fail to meet that duty, they must be held accountable.
Why Choosing the Right Law Firm Matters
Pedestrian accident cases require detailed investigation, familiarity with local laws, and the resources to take on insurance companies. Choosing a law firm with proven experience in serious injury litigation ensures that your case is handled with the care and precision it deserves.
At Cole Tait P.C., our attorneys have extensive experience representing victims of pedestrian accidents throughout Oregon. We understand how devastating these injuries can be and how important it is to secure full and fair compensation. From initial investigation through trial, we fight for our clients with skill, compassion, and determination.
Our approach combines thorough preparation with personalized attention. We communicate directly with clients, explain every step of the process, and work tirelessly to achieve the best possible result. Whether your case involves catastrophic injury or a loved one’s wrongful death, you deserve strong legal representation that focuses on your recovery and your future.
If you have been injured as a pedestrian or have lost someone due to another driver’s negligence, do not wait to get help. To learn more about your rights and legal options, please contact us today.