Legal Question in Personal Injury in Oregon
Pedestrian vrs Automobile
I was recently involved in an auto accident, where I was the pedestrian struck by the vehicle. I was crossing in a crosswalk which I had entered as the light was flashing red. I was 3/4 through the crosswalk when it turned red.
A car driving approx 20 mph saw me in time to slam on it's brakes, but still managed to hit me. I was thrown to the sidewalk, and sustained serious injury to my ankle. (ambulance ride, 4 days in hospital, surgery with plates and screws).
In this instance, would the automobile driver be negligent enought to have their insurance pay for my damages? I was told by the insurance agent for the other party,that in OR, the driver must be 51% at fault for them to be found negligent. However, this is an auto versus a person walking. Please advise
1 Answer from Attorneys
Re: Pedestrian vs Automobile
The same 51% rule applies. Phrased better, though, the rule is that YOU, as the plaintiff, can't be found more than 50% at fault. If so, you collect nothing. If you are less than 50% at fault, then your damages are reduced by your percentage of fault. For example, if your case were worth $100,000 and a jury found you were 40% at fault, your $100k just became $60k. I'd need to know more details about the facts of your accident to give an opinion on whether you are likely to be found more or less than 50% at fault. One big question: Did your green traffic signal (not the "walk" sign) ever turn red while you were in the crosswalk?
Please note that there is a two-year statute of limitations in Oregon. This means if you have not settled the case or have it filed in a proper court by the two-year anniversary of the accident, then it could be too late after that. I do recommend you see a good personal injury lawyer immediately. You don't want to be discussing this with the opposing insurance company. Feel free to give me a call if I can answer any further questions. My practice is statewide throughout Oregon. Good luck,
Sam Hochberg
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