Pedestrians who are struck by a motor vehicle are generally covered under the driver’s Oregon’s no-fault insurance provision for medical expenses and lost wages. Medical coverage is usually $15,000 for two years and wage loss can be as much as $3,000 per month up to 52 weeks. If negligence can be proven, such as being struck while lawfully crossing the road on foot at an intersection, and your medical expenses and lost wages exceed that amount, you may pursue a claim against the negligent party in court or settle with their insurance carrier.
What do you do if you are struck by a motor vehicle? The answer is to try and survive. Studies show, and it is not hard to imagine that a pedestrian being struck by a motor vehicle suffers the most severe injuries of any motor vehicle collision. There is nothing to protect a pedestrian, no seat belt, air bag or helmet and the victim is propelled as far as the weight and speed of the motor vehicle dictate. A victim can be hit from one direction and thrown into oncoming traffic headed in the other. In rare occasions a person could be dragged hundreds of feet if not a mile or more before the driver of the motor vehicle realizes that an accident occurred. Incidentally, most hit and run accidents involve striking a pedestrian while the driver later claims that s/he didn’t know what s/he hit, thinking perhaps it was an animal.
No matter what circumstances surround your pedestrian/motor vehicle accident, you will often sustain serious injuries. Common injuries include broken bones, often a broken neck and back, severe lacerations, and traumatic head injuries. The percentage of people who die as a result of pedestrian accidents is greater than the percentage who die from any other type of motor vehicle collision.
It is important to be exceedingly careful if one must cross a road or a highway on foot. Never take pedestrian safety for granted. Most importantly, do not assume it is safe to cross the street at a bus stop. Always use pedestrian overpasses and at the very least walk to the nearest intersection before proceeding.
If you have been struck by a motor vehicle or have had a loved one killed, call the pedestrian accident attorneys at Shlesinger & deVilleneuve Attorneys, P.C. We can fight on your behalf to sue the driver and their insurance company, for medical expenses and lost wages and pain and suffering above and beyond the PIP benefits. Give us a call immediately so that we can go to work for you.