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Can the Pedestrian Be at Fault in a Car-Pedestrian Accident in Portland?

Posted on October 21, 2022 in

When a pedestrian is hit by a car, serious injuries and damages can occur. Typically, the pedestrian suffers more damage than the motor vehicle or its occupants, resulting in a disparity in damages. While a pedestrian may be more vulnerable, this does not always mean that the driver is automatically at fault.

There are certain situations where a pedestrian may be at fault for a collision. However, proving liability will require sufficient evidence that shows that the pedestrian’s actions caused the accident. 

How to Prove Fault in a Pedestrian Accident Claim

There are four facts that a plaintiff will need to establish in order to prove a pedestrian accident claim:

  • The at-fault party owed the plaintiff a responsibility to uphold a certain duty of care.
  • The at-fault party breached the duty of care through a negligent act or failure to act.
  • The at-fault party’s actions caused the accident and the plaintiff’s injuries.
  • The plaintiff suffered damages that he or she can recover compensation for in the claim.

There are several pieces of evidence that could be leveraged to prove a pedestrian accident claim. Witness testimonies and traffic camera footage could establish what each party was doing at the time of the accident. Medical records could prove the nature and extent of the victims’ injuries. 

When Is a Pedestrian at Fault in an Accident?

Drivers have a responsibility to follow traffic laws and act with reasonable care when traveling on roads or highways. Pedestrians have the same obligations—and a failure to uphold these duties of care can result in negligence. If a pedestrian’s actions cause an accident, he or she would be liable for any collisions that they caused.

There are some situations where a driver is clearly at fault for a car accident. A driver who speeds through a stop sign and strikes a pedestrian who crosses the street breaks the law and is liable for the accident. 

However, if a pedestrian fails to exercise his or her duty of care, he or she would be at fault. For example, say that a pedestrian runs into the road in front of a moving vehicle. In this situation, he or she failed to act with a reasonable degree of care and could be held responsible for the accident. 

Shared Liability in Car-Pedestrian Accidents

In some pedestrian accident cases, liability is shared between the driver and the pedestrian. For example, a pedestrian may be jaywalking, but the driver is texting and failing to pay attention to the road. In these situations, Oregon’s comparative negligence statute will apply to the case.

Under this law, the plaintiff’s settlement would be reduced by the percentage of liability that he or she shares. If the plaintiff holds more liability than the defendant, he or she would not recover any financial compensation. 

Using the example above, the pedestrian may be assigned 30% of the fault. If the pedestrian had claimed $40,000 in damages, he or she would only be able to recover $28,000.

Speak to an Attorney about Your Pedestrian Accident Claim

If you were involved in a Portland pedestrian accident, it can be difficult to know what to do next. In these situations, it is important to speak with a Portland personal injury lawyer who can protect your right to compensation and identify the liable party. As soon as possible after your collision, contact a Portland pedestrian accident lawyer to schedule a free case consultation and plan your next steps.

Contact Our Personal Injury Attorneys in Portland, OR – Tillmann Law Personal Injury Lawyers

If you were injured in an accident in Portland, OR, please contact our Portland personal injury lawyers at Tillmann Law Personal Injury Lawyers to schedule a free consultation today.

Tillmann Law Personal Injury Lawyers
101 SW Main St. #1905
Portland, OR, 97204
(503) 272-8986
Open 24/7

Justin Vieth
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Shimmeri Selph
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Don't waste your time.
Alan Rogers
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Thanks Aaron, we truly appreciate everything you have done for us.I know that I was a handful early on, but you handled it with a deft touch and ultimately proved yourself to be a great advocate for our family none the less.Thanks so much Bud!You have my eternal respect and gratitude.
Tim Cheredayko
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Tillmann helped me out a lot! Going over ever detail with the case from both sides and always informing me what is going to happen through out the case. Definitely recommend Tillmann Law!
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A B
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Justin W
Justin W
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I had the pleasure of working with Aaron and his team over the course of the last year. They were very professional and responsive. Dealing with injuries can be dreadful, but Aaron made it as painless as possible. I highly recommend.
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Aaron Tillmann and his entire staff were professional, empathetic and very knowledgeable. They assisted our family at a time when we were grieving the loss of our son with compassion and respect.
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Arisbet Bustos
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I am very grateful and pleased with the services of Lawyer Aaron and his team work, especially Julia, who was always attentive to my concerns and resolved my doubts with a good attitude and empathy, and best of all, she speaks Spanish. Thank you so much!!!
Ken Pollett
Ken Pollett
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I was involved in a serious auto accident. Not that there is a good time to be in any accident, it just happened to be 2020. Tillman Law and support staff kept me in the loop as the court system was disarray with all the Covid issues. The staff was very professional and courteous. In a nutshell, they took care of me.
Jordan Bedrick
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My husband was in a bad car accident a few years back, and he was stopped due to traffic. He was behind a fuel truck, and someone rear-ended him, going 60mph. The worst part was our 6 mo old was in our and the truck was totaled beyond repair and my husbands back injured severly he ended up with 2 broken vertebrae. Our child had ptsd any time getting into a vehicle after that. Tillman made this right even though we couldn't do much for our son other comfort him and make car rides more comfortable from there on out Tillman was able to get my husband the money he deserved after the other driver was extremely negligent and either not paying attention or on his phone or something unfortunately this was during covid and when the police came they didnt do a single thing to check for any of that. We can't say enough good things about Aaron Tillman he gave us our hope back and the ability to have back surgery to repair a lot of his back issues due to the car wreck. So if you have been in an accident definitely call Tillman Law they're amazing super professional, kind and empathetic beings who will work for the best possible outcome for your case and fight they won't just roll over and play dead they spent about 2.5 years on my husbands case never giving up. He was always super honest with my husband and always communicated everything. So again, thank you, Aaron Tillman, and thank you to your law firm for working so tirelessly. We appreciate it more than you know.
Cassie Kocker
Cassie Kocker
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Aaron is great. He is professional and personable which makes you feel cared about during the process. He will provide advice and resources so that the process is smooth and renders positive results. I highly recommend!
Michael Darling (Mike Rich)
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Still working with them to this day! Great firm great people. Much recommend
Brittany Sloan
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I can’t recommend Tillman Law enough. We were in a sticky situation from a car accident in December and my partner was out of work for over a month. Aaron told us we may not be able to get those lost wages, but he would definitely try to fight the insurance for them and even then we might not see the money for a long time. It’s only been 3 1/2 months since the accident and we just got our lost funds today. Tillman Law was quick, efficient, and made this entire situation much less painful. I appreciate everything they’ve done for us.
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Great experience
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Really pleased with my experience at Tillmann Law. Mr. Tillmann and his team were on top of my case, worked hard to answer any questions I had and finished my case in a timely manner. I was really happy with the outcome . Thank you!
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Linette Figueroa
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Mr. Tillman took care of my care seamlessly! He immediately hopped on my case immediately and guided me through the entire process. His team is professional, organized and well-resourced! He even went back to ensure the settlement was beyond fair. If you want someone who will fight tooth and nail on your behalf- Mr. Tillman is your lawyer!
Robert Aley
Robert Aley
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I am so happy to promote Aaron and his team. They did such an amazing job handling my case. Call them if you need service. I called him when I first needed help with my accident and he called me back within five minutes. This team is so great! I am so happy to have worked with them.
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Teresa Ochoa
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Mr. Tillmann and his paralegal Jason were fantastic to work with! They were always available to answer my questions in a timely manner and delivered a very good outcome after I was rear ended. I would recommend their services to anyone.
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Roro Roro
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Amazing team at the Tillman Law, LLC . His work speaks for it self. Thank you for being professional and above all understanding to different people. God bless everyone that works there .
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Mercury Nightstone
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Aaron and his staff, especially Jason, were all extremely courteous, timely, and professional. Highly recommend, truly appreciate your hard work!
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Danielle Martin
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The Tillman Law Firm is amazing! I have been very pleased with everyone that I came in contact with concerning my case. They filed the case against the insurance company and fought hard in litigation to get what rightfully was taken from me. I would highly recommend them, they are the best in the Portland metro area!
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