What Can You Sue For In A Pedestrian Accident?

If you were in a pedestrian accident in Oregon, you probably want compensation for your injuries and other losses. How much the claim is worth depends on many factors, such as your past and future medical costs, lost earnings, pain and suffering, and loss of enjoyment of life. To find out what the case could be worth, talk to an Oregon pedestrian accident law firm. 

Your attorney will be based their estimate of the pedestrian case value on several factors. First, how serious were your injuries? The extent of the pedestrian accident injuries will tell you how much you can get from the other person’s insurance policy.

If you were seriously hurt when you were hit by the car, it can cause serious problems and pain in your life. Some pedestrian accident injuries involve broken bones, damaged joints, head trauma, spine damage, and road rash.

Next, how much do your medical treatments cost? You could have tens of thousands of dollars in medical bills, surgeries, medication, doctor visits, physical therapy, and more. These can add even hundreds of thousands of dollars to the settlement if you need months of recovery and treatments.

Another factor in your case is loss of income. A pedestrian injury could mean not being able to work for months. It can be a struggle financially while you get back on your feet. Some pedestrian injuries are permanent and can affect your ability to earn a living. How long your ability to work is affected will greatly affect your case value.

Last, how much pain and suffering you have will affect your settlement. This is often the biggest part of a pedestrian accident settlement and your pedestrian accident law firm will fight for the most money possible. 

3 Steps Involved in a Wrongful Death Lawsuit

Filing a wrongful death lawsuit is not something most of us would ever want to do. But if you select the best wrongful death lawyers to help you, the task is easier and often successful. Keep reading to find out the steps involved in filing a wrongful death lawsuit.

First is the pre-litigation phase. During this phase, your loved one’s personal representative needs to do several vital tasks. They also need to make decisions that will influence how the wrongful death action turns out: 

• Establish that the deceased had an estate. You do this at the county courthouse. 
• Hire the best wrongful death lawyers. Your attorneys will help you with the legal aspects and the steps to complete the case successfully. 
• Investigate your loved one’s death. Your attorney will perform an investigation of the cause of death. 

Remember to hire the best wrongful death lawyers as soon as possible after your loved one dies. This ensures that your legal team will uncover the most convincing evidence. When the attorney has uncovered enough evidence, they should inform the defendant that you intend to file a lawsuit. It is typical for both sides to enter negotiations at this point. If your attorney can get a fair settlement, you can avoid costly litigation.

The second phase of the wrongful death lawsuit is litigation. The parties may be unable to negotiate a settlement before the lawsuit. The steps involved in litigation are: 

• Filing the lawsuit. Your lawyer will file a writ of summons or complaint to start the lawsuit. 
• Response. This gives the defendant the chance to respond to the filing of your lawsuit. 
• Discovery. This is where both sides ask questions of each other and request documents. The other side may respond to the questions your attorney asks or file objections with the court. 

This phase may include filing requests to produce documents that are important to the case. There also may be sworn depositions of key witnesses.

During the early part of litigation, both sides will educate the presiding judge about the matter. There will be jury selection and the judge will probably have at least one conference with both attorneys.

After the trial starts, the case will be shown to a jury or judge. In some cases, there may be an arbitrator brought in to try to settle the case before it goes to trial.

Once a verdict or award is handed out, that is usually the end of the case, unless the defendant wishes to appeal.

The third phase is settlement discussions. Remember that the best wrongful death lawyers can engage in settlement discussions at any time with the other party. Settlement negotiations can occur up to the point where the jury or arbitrator renders a decision.

It’s important to engage the best wrongful death lawyers as soon as possible if you lose a loved one in an accident caused by someone else. That gives you the best chance to prevail in your case. 

Why It’s So Important To Hire The Best Auto Accident Lawyer

Car accidents happen daily, with thousands of people injured every day. However, when a car accident happens to you, it’s extremely stressful and upsetting. Most of us aren’t in car accidents often, and all the issues and concerns bombarding us at once after an accident can be overwhelming.

Fortunately, you can rely on the best auto accident lawyer to sort things out and make it all better. 

Some of the things the best auto accident lawyer will do for you after an accident are:

• Talk to the insurance company: One of the best things about hiring a lawyer is you can forget about dealing with tricky insurance companies. Your attorney will deal with the negotiations. They know all their angles and tricks and will negotiate the best deal for you.  

• Makes the playing field even: The best auto accident lawyer can level the playing field between you and a big insurance company. Without a lawyer, the insurance company will jerk you around and probably pay much less than you deserve. 

• Collects vital evidence and documents: Your attorney will chase down all the evidence and documents to build a strong case. They’ll find the police reports, medical records, accident photos, insurance policies, and much more. 

• Increases compensation: If you are seriously hurt after an accident, you probably have medical bills, can’t work, and have a lot of pain and suffering. Your attorney will do all they can to get you all the compensation you need for a full and fast recovery. 

• Speeds up the claims process: Your attorney handles a lot of these cases and will do their best to get the case done as quickly as possible. An experienced attorney probably knows the attorneys on the other side and may be able to work out a fair deal faster than if you tried it on your own. 

How To Get a Car Accident Settlement Where Fault Is Contested

Some car accident settlements are easier than others, as any skilled automobile accident lawyer will tell you. If you are in a crash where the other driver was entirely at fault, you could get a faster and larger settlement.

The other driver’s insurance company will probably know that you could get a lot of money if it goes to trial, so it might be best to settle fast.

But if you may have been partially at fault for the accident, you will need the best automobile accident lawyer to help you get the best settlement. When you are partially at fault for the accident, the other insurance company will argue aggressively that you are more at fault than their driver.

Sometimes the insurance company will even blame you for the accident when it wasn’t your fault. If that happens, call or write the insurance company and tell them that you disagree with their finding. Giving your strong disagreement about being at fault in the accident could make the adjusters look more at the evidence and determine that you may have not been at fault.

Your automobile accident lawyer will carefully review the evidence about the crash and determine how to reduce your liability for the accident if possible. Many insurance companies have a process for disputed fault negotiations, so talk to your attorney about how to proceed with that particular insurance company.

You also can talk to the police about their police report if you think they were wrong to say you were partially at fault for the accident. Sometimes, the police may make a mistake, and your attorney can talk to them about possibly doing an addendum.

It always is best to rely on your personal injury attorney if the accident has contested fault. Handing this kind of case on your own will cause a lot of problems. And you are less likely to get as much money. Without a good attorney, the other insurance company may even blame you entirely, so it’s always best to bring in the best attorney you can find.

What Causes Pedestrian Accidents And Injuries?

There are about 6,000 pedestrians killed in accidents every year, but why do they happen? Below are the most common causes of these unfortunate accidents, and remember to speak to a pedestrian accident attorney Tualatin if one happens to you. 

Not Yielding Right Of Way: Not yielding the right of way is the most common reason for pedestrian accidents. For example, when a car is turning left at an intersection, it may not yield to pedestrians in the crosswalk. This often happens because they are trying to turn before traffic gets to them in the intersection but they don’t look at the crosswalk for pedestrians.

However, this accident also can happen if the pedestrian isn’t looking as well or if they are in the crosswalk when they shouldn’t be.

Crossing The Road Improperly: Even if the pedestrian crosses the road in a crosswalk, they may be there when they should not be. It’s important that the pedestrian crosses with the pedestrian signal. If you are hit in a crosswalk when you should not be there, you could be found at fault and you can’t get compensation for your injuries.

If there is any question about who is at fault in the accident, you should talk to your pedestrian accident attorney Tualatin about it as soon as you can.

Poor Visibility: Another common reason for these accidents is when there is less visibility on the road. When there is poor visibility, it may be hard for both parties to see each other. Some of the most common reasons for a lack of visibility are rain, snow, sleet, poor headlights, pedestrians wearing dark clothing, and bright lights in the walker’s eyes.

It's important for both parties to use caution when they are sharing the roads. While many pedestrian accidents are caused by the driver, there are also situations where the pedestrian causes the problem, as well.

Whoever causes the accident, you should talk to your pedestrian accident attorney  Tualatin to find out if you have a strong case. 

Who Will Pay My Medical Bills In An Oregon Car Accident?

If you were in an Oregon car accident, you probably want to know who will pay for your medical bills. As your automobile accident lawyer will tell you, the first place to look to pay medical bills is your car insurance policy.

If the policy was issued in Oregon, it’s required to have PIP or personal injury protection coverage. This is a no-fault medical benefit that covers some of your medical expenses up to coverage limits. There also is a two-year limit from the date of the crash.

PIP is often enough to cover the first $5000 or $10,000 in medical bills if you pay for that much. However, there are car crashes with serious injuries where $5000 won’t even cover the first night in the hospital.

In this situation, your attorney may look to your personal healthcare plan to cover more expenses. The hospital may decide not to file with the healthcare plan. Instead, they will place a lien on the case.

This means that additional expenses will be paid out of your settlement or verdict amount. If that happens, your automobile accident lawyer will work with the hospital to negotiate a lower payment. A good attorney can often get a big discount on the billed amount.

If a car accident claim is resolved through settlement or trial, you will need to pay back the medical expenses that your insurers covered. That is because, in Oregon, you need to pay back insurance policies for any medical bills they paid.

Your attorney will work with the insurance companies to ensure they are paid what they’re owed from your settlement.

Also, your attorney can file a personal injury lawsuit against the other driver and their insurance company if there are still medical bills to pay. You also can receive compensation for your pain and suffering and lost income.

Now that you know more about how medical bills are paid in an Oregon car accident, you should be more confident in the next steps if it ever happens to you. 

How To Avoid Car Accidents In Fog

Many car accidents are sudden, but if you see fog, you should know the chances of an accident are higher. That’s why you should take essential steps when you see fog on the road to avoid a crash.

If you are involved in a crash in foggy weather, talk to the best auto accident attorney today to learn if you can receive compensation.

Use Caution Early In The Morning And At Night: Fog usually happens in the early morning and at night. These are low-visibility times that you should be aware of. So, make sure you slow down during these times and be sure to really slow down if you see the fog rolling in.

Never Tailgate: Fog can be dense, so much so that it can be hard to see 10 feet in front of you at its worsts. This is a reason to always avoid tailgating.

The problem is with fog is there could be many accidents right ahead of you and it’s impossible to see them.

When you see fog coming, allow more room for the next car in front of you.

Use Technology and Vehicle Equipment: Cars and trucks today have many things installed in them to operate the car safely during fog and other hazardous conditions. For example, you should use your windshield defroster, windshield wipers, and low beams to increase your visibility when there is fog present.

While you might think high beams help you see in fog better, all they do is reduce visibility by reflecting light from the water droplets in fog. This may decrease your visibility even more.

Watch The Road: Some drivers focus too much on other cars’ headlights in fog. It’s best to concentrate only on the road and slow down. Also, fog is the worst time to multitask behind the wheel.

So, put down the cell phone, makeup, food, and drink, and concentrate on driving safely during fog.

Pull Off The Road: One of the best pieces of advice during fog is to pull off the road in a safe place. There is no reason to continue driving if it is dangerous to do so.

You should simply slow down and pull over as soon as you see a parking lot, exit, or rest stop.

Driving in fog is one of the most dangerous conditions in which you can be. If you slow down, turn on your low beams, and use extra caution, you can probably get to a safe place and wait for the fog to pass.

Remember that fog usually begins to burn off when the sun gets higher in the sky. So, it may be necessary to wait until daylight and it gets warmer before you keep going.

If you are hurt in a car accident in foggy weather, talk to the best auto accident lawyer to find out if you can receive compensation for your injuries. 

Don’t Believe These Silly Pedestrian Accident Myths

Pedestrian vs. car accidents happen every day; the CDC reports that 5,900 Americans were killed in pedestrian accidents in 2017 alone. So, about one pedestrian died every 90 minutes that year.

Sadly, there are many myths about pedestrian accidents. Below are some of the most common ones. But it isn’t a myth that you should talk to the best pedestrian accident lawyer after the accident to find out if you have a case.

Fewer People Walking Means Fewer Fatal Pedestrian Accidents: Many Americans travel by car, but more pedestrian accidents are happening almost every year. These days, there are more distractions such as cell phones, so people aren’t watching where they are going.

Pedestrians also can be distracted by their electronic devices, so it’s critical that people in cars and on the streets need to watch what they are doing to avoid accidents.

Pedestrians Who Are Hit Are Elderly: In reality, many younger people are hit by cars, too. Young Americans are the ones who tend to walk and ride bikes. Of course, older people are more likely to die if they are hit by a car; older people usually are more seriously injured and more likely to die from serious injuries.

If You Jaywalk, The Accident Is All Your Fault: Jaywalking is when you cross the street where there isn’t an intersection or crosswalk. It also occurs if you use a crosswalk and don’t have the right of way.

It’s likely that someone who jaywalks and is hit will be partially at fault for the incident. However, the driver also may be cited, so it’s possible you still could get compensation. Have the case reviewed by the best pedestrian accident lawyer to find out.

Pedestrian Accidents Usually Happen In Bad Weather: Pedestrian accidents happen in any kind of weather. However, many pedestrian accidents happen in broad daylight in good weather. Statistics show that most incidents happen when it’s day and the roads are dry.

Pedestrian accidents usually happen in good conditions. The problem is that people either disobey the law or aren’t paying attention. These things can happen in any type of weather.

Reducing Traffic Reduces Pedestrian Accidents: There are benefits to reducing traffic congestion in terms of pollution, fuel savings, and time lost. But there are not any studies that show reducing traffic reduces the number of pedestrian accidents.

There is some evidence that these incidents may happen when there is less congestion.

If you are involved in a pedestrian accident, remember these points and talk to the best pedestrian accident lawyer to learn if you have  a case.

Common Myths About Auto Accidents

Many people get in car accidents at some point, but there are many myths you read about these accidents online. Below are some of the most common ones, and remember to talk to your best auto accident lawyer if you are in an accident. 

First, many people believe car accident laws are the same in every state. But that isn’t true. For example, many states follow a ‘fault’ system for car accidents. This means the liable driver is usually responsible for your injuries and damages. You need the best auto accident lawyer to prove this.

But other states have a no-fault standard, such as Oregon. This means each driver pays for their own damages up to a certain amount. You are required to have PIP or personal injury protection insurance in Oregon that covers the first few thousand dollars of damages for each driver.

However, if your damages are more than your PIP coverage, you can still sue the other driver. The differences in car accident laws for each state means you may need to approach your case differently.

Second, some drivers think it’s always best to let the insurance companies figure out who is to blame and keep attorneys out of it. Remember that both insurance companies are profit-driven and aren’t necessarily looking out for your interests.

If you have serious injuries and damages, you should always bring in the best auto accident lawyer to represent you. You will always end up getting a better settlement even after you factor in the legal fees.

Third, don’t believe that it doesn’t matter which personal injury attorney you hire. Many attorneys say they have personal injury experience but some are much more experienced and skilled than others. Some attorneys may be most familiar with slip and fall cases and only occasionally handle car accident cases.

Also, some attorneys may always settle and not go to court. It always helps to work with an attorney with a reputation of going to court and winning. The insurance company knows they are dealing with a skilled attorney and will be more likely to offer a fair settlement.

Fourth, don’t think that if you don’t sue right away, you can’t. As long as it’s within the statute of limitations for your state, you can always sue. It’s best to do it as soon as you can because crucial evidence that bolsters your case may be hard to find. Also, witness memories may fade.

Some accident victims may decide to sue after they find out they have longer-term injuries than they first thought. Those injuries can be very expensive, so they may decide they need financial compensation to handle them.

Car accidents can lead to serious injuries, and it’s important to know what you are getting into as far as a settlement or lawsuit. Keep these myths in mind so you don’t go into your case with false impressions.