Pedestrian Injury and Wrongful Death Claims in Washington and Oregon

Collisions involving pedestrians often involve significant injuries and even death. Many factors may play a role in the determination of liability in a pedestrian crash, which may ultimately impact the ability to pursue a claim for damages. Early and thorough investigations are critical in these types of cases.

Why the Right of Way Matters in a Pedestrian Collision Case

Whether you are a pedestrian who has been injured in a lawsuit, or a family who is seeking compensation regarding a pedestrian wrongful death claim, you must still prove that the driver of the vehicle was negligent and caused the collision. Negligence is when someone fails to act with reasonable care. An example of negligence in an auto versus pedestrian collision may be failing to yield the right of way when it is required by law.

The right of way laws are similar in Washington and Oregon. A driver must yield the right of way to a pedestrian in a marked or unmarked crosswalk (when there is a sidewalk that would continue across an intersection as a crosswalk with no marked lines. Every intersection is treated as an unmarked crosswalk). Washington pedestrian law requires that a driver stop when a pedestrian is in their half of the roadway or closely approaching that point. Oregon pedestrian law is even broader. It mandates that a driver yield to a pedestrian who is:

• In the driver’s lane
• In the lane adjacent to the driver
• Closely approaching either of those points

The fact that a pedestrian was struck by a car does not always automatically mean that they had the right of way. This depends on the facts and circumstances of the situation. To help prove who had the right of way, early investigation and preservation of evidence is crucial. Some steps to take and evidence to collect include:

• Statements from witnesses who saw the collision;
• Photographs of the scene of the collision;
• Video footage from the scene of the collision; and
• Testimony of an accident reconstruction expert.

Comparative Fault

When you are pursuing a pedestrian injury or wrongful death claim, the insurance company or negligent driver may attempt to place blame on the pedestrian. They may claim that the pedestrian was partially or completely to blame for the crash by attempting to cross the street when they did not have the right of way.

Under Washington law, if the pedestrian was negligent, their damages are reduced by the percentage of blame that the pedestrian bears for the collision. Oregon is much different. If a pedestrian is more than 50% at fault for the collision, they are barred from recovering any damages. If they are less than 50% at fault for the collision, their damages are reduced by the percentage of blame that the pedestrian bears for the collision.

Contact a Vancouver Pedestrian Collision Law Firm

In the midst of a difficult time, having someone with expertise on your side can ease the burden and stress. You can arrange for a free initial consultation with a Washington and Oregon pedestrian crash lawyer at Schauermann Thayer by visiting our website or by calling us today at (360) 695-4244.