Jaywalking is a dangerous practice that involves crossing the street in places other than a designated intersection. Serious accidents can happen while a person is jaywalking, leading to financial hardships and pain and suffering.
If you find yourself in this situation, you may wonder if you are eligible for an insurance claim or lawsuit. Contrary to popular belief, you still have the right to file a claim if you are hit by a car while jaywalking. However, the court or insurance company could reduce the value of your settlement if it finds you to be partially at fault.
Portland is a fault-based state when it comes to motor vehicle accidents. If a driver’s actions lead to a collision, he or she is financially responsible for any damages that occur as a result. Injured pedestrians can file an insurance claim or lawsuit against the driver to recover compensation for their medical expenses, lost wages, property damage, and other losses.
Many people often assume that the jaywalker caused the accident by entering the road when the driver wasn’t expecting it. However, this is not always the case.
Perhaps the driver was speeding in a school zone and would have had enough time to stop if he or she had followed the speed limit. Maybe the driver was texting while driving, under the influence of alcohol or drugs, or committing another illegal act. If you can show that the driver’s actions caused your accident, you could pursue a claim for financial compensation.
Although you may establish the driver’s liability, you could share some of the fault for the accident. In these situations, the court may reduce your settlement by the amount of liability that you allegedly share.
Oregon follows a modified comparative negligent statute. Under this rule, you could recover compensation as long as you were 50% or less at fault for the accident. If you are found to be 51% or more responsible, you will not recover any compensation.
If you are hit by a car while jaywalking, the most important step is to remain calm and stay silent. Do not say anything to the driver, do not apologize for the accident, and do not say that you are uninjured. These statements could impact your ability to recover compensation in the future.
What you should do is seek help as soon as possible. Take the following steps to document the accident and gather the evidence that you need:
Once you have taken these steps, it is time to enlist the help of a Portland pedestrian accident lawyer who can represent your claim and defend you against unfair accusations of fault. Contact a pedestrian accident attorney in Portland as soon as possible following your accident to discuss your case and plan your next steps.