Pedestrians often suffer severe injuries because they have no protection from the force of a vehicle. Common injuries include fractures, head injuries, and injuries that require long hospital stays. An insurer may also investigate whether the pedestrian shared fault, so the evidence of how the crash happened matters.
Luis Martinez is a pedestrian accident lawyer in Salem and a former insurance claims adjuster. He knows how insurers evaluate pedestrian claims and which coverage may apply, including PIP benefits. Based in Salem, he represents injured pedestrians throughout Oregon. The consultation is free, and the whole case can be handled in English or Spanish.
Your rights under Oregon law when a car hits you
Oregon law is built to protect people on foot. Drivers must stop and remain stopped for pedestrians in crosswalks, and under Oregon’s crosswalk laws an intersection generally has a crosswalk whether or not one is painted on the pavement. A driver who fails to yield, turns through a crosswalk without looking, or is speeding or distracted is responsible for the harm they cause.
Being outside a crosswalk does not end your claim. Oregon follows a comparative fault rule: your recovery is reduced by your share of fault, and barred only if your share exceeds 50 percent. An insurer may argue that the pedestrian entered unexpectedly because any percentage of fault assigned to the pedestrian reduces the recovery. That argument must be tested against the evidence: sight lines, vehicle speed, lighting, and what the driver was doing in the seconds before impact.
Here is the part most people do not know. Oregon’s personal injury protection (PIP) coverage can apply to a pedestrian hit by a car. PIP is no-fault medical coverage that Oregon requires on auto policies, at least $15,000 per person, and it can pay your medical bills without waiting for fault to be decided. It comes from your own auto policy even though you were walking, or through the driver’s. Insurers sometimes deny PIP benefits improperly; challenging improper PIP denials is a particular focus of this office.
One more rule matters if a public vehicle or public property was involved: claims against public bodies in Oregon require a formal notice quickly, generally within 180 days of the injury. That is far shorter than most people expect, and missing it can end a claim. If a bus, a city truck, or a dangerously designed road played a role, call promptly.
What we do for injured pedestrians
First we make sure the medical side is stable: identifying the PIP coverage that applies, getting it opened, and pushing back if benefits are denied or cut off early. Luis reviewed injury claims as an adjuster before he represented injured people, and improper PIP denials are a problem he handles regularly.
Then we build the liability case. Pedestrian crashes are better documented than people expect: intersection cameras, business security footage, vehicle event data, and witnesses who stopped to help. That evidence disappears fast, so we move early to preserve it.
We handle every conversation with the insurance companies and help prevent incomplete or inaccurate statements from being used against the claim. We document your injuries fully, including the treatment and limitations caused by serious pedestrian injuries, and we present a claim supported by evidence.
Most of our clients have never hired a lawyer before. We explain each step in plain language and provide regular updates on the claim.
What compensation may be available
A pedestrian claim can include:
- All medical care related to the crash, from the emergency room through rehabilitation, including future treatment your doctors anticipate
- Income you lost while recovering, and reduced earning ability if the injuries are lasting
- Noneconomic damages for pain, disability, and what the injuries took from daily life
- Out-of-pocket losses tied to the injury
PIP benefits may cover early medical bills and qualifying wage loss; the liability claim against the driver addresses damages PIP does not cover. Correct coordination and reimbursement affect the client’s net recovery, so we account for them from the start.
No dollar figure can be promised, and you should be wary of anyone who promises one. The value of a claim comes from the evidence of what happened and what it cost you.