Pedestrian Accident Attorney in Salem
Get Experienced Guidance After a Pedestrian Accident in Salem
A pedestrian crash can change everything in a single moment. In Salem, busy corridors like Commercial Street, Liberty Street, Lancaster Drive, and the Center Street and Marion Street bridges see heavy traffic that too often collides with the reality of people on foot. If you were hit by a driver while walking, you may be facing medical bills, time off work, and uncertainty about what comes next.
Elmer Law, PC helps injured pedestrians throughout Salem and Marion County understand their options and pursue full and fair compensation. Our team builds each accident claim carefully, investigates liability, and stands up to insurers that try to minimize what your case is worth. If you are ready to talk to a pedestrian injury lawyer who will prioritize your needs, we are here to listen and guide you.
Request your free pedestrian injury case review. We will listen, explain your options, and outline the next steps today.
Why hire a Salem pedestrian accident attorney
Pedestrian cases demand close attention to liability, insurance layers, and long-term medical needs. When you work with Elmer Law, PC on a pedestrian injury, we focus on:
- Establishing fault with evidence such as traffic camera footage, vehicle data, scene measurements, and witness statements.
- Preserving medical documentation and specialist evaluations to demonstrate the full value of your injuries and future care.
- Navigating multiple insurance policies, including the at-fault driver’s liability coverage and potential personal injury protection or underinsured motorist coverage.
- Countering insurer tactics that attempt to shift blame onto you or undervalue pain and suffering.
Local knowledge matters
From crosswalks near the Capitol Mall and Willamette University to high-traffic routes like Mission Street and State Street, we understand how Salem’s streetscape affects visibility, speed, and driver behavior. This local context helps us reconstruct what happened and explain why a driver should have seen you.
Your rights after a pedestrian injury in Oregon
Oregon law gives injured pedestrians the right to pursue compensation when a driver’s negligence causes harm. Key points include:
- Comparative negligence. Oregon follows a modified comparative negligence rule. If you are found to be less than 51 percent at fault, your compensation is reduced by your share of responsibility. At 51 percent or more, you cannot recover. Careful investigation helps ensure fault is assigned fairly.
- Deadlines to file. In most personal injury cases, you generally have two years from the date of the crash to file a lawsuit. Claims involving a city, county, or other public body have additional notice requirements, often within 180 days. Acting promptly protects your claim.
- Damages you can seek. Depending on the facts, an accident claim can include medical expenses, lost wages, diminished earning capacity, rehabilitation costs, pain and suffering, and, in serious cases, future medical needs or home modifications.
Common causes of Salem pedestrian accidents
Drivers have a duty to watch for people walking, especially at intersections, marked crosswalks, and school zones. We frequently see collisions caused by:
- Failure to yield while turning at intersections
- Speeding or aggressive driving near crosswalks
- Distraction from phones or in-vehicle screens
- Low-light or weather visibility issues without appropriate caution
- Backing up in parking lots without checking mirrors and cameras
- Impaired driving
Building a strong accident claim
- A successful claim is built on details. From day one, we work to preserve and develop the evidence that can move an insurer or a jury. Steps may include:
- Scene and vehicle evidence. We gather photos, video, and available traffic or business security footage. We capture vehicle damage patterns, skid marks, and sightlines that explain driver error.
- Witness interviews. Early interviews help lock in key observations like speed, signal status, and whether the driver appeared distracted.
- Medical documentation. Thorough records from the ER, imaging, specialists, and therapists connect your injuries to the crash and support the need for future treatment.
- Economic analysis. We calculate lost income, benefits, and future earning capacity with support from vocational and economic professionals when appropriate.
- Liability analysis. We compare driver conduct to Oregon statutes and local ordinances, signage, and roadway design to show where the duty of care broke down.
Injuries we commonly see in pedestrian cases
Pedestrian injuries can be severe because there is no vehicle shell to absorb the impact. We regularly handle cases involving:
- Fractures of the leg, pelvis, wrist, or shoulder
- Traumatic brain injuries and concussions
- Spinal injuries and herniated discs
- Internal injuries and organ damage
- Severe soft tissue damage, lacerations, and scarring
- Psychological trauma, anxiety, and post-accident fear of walking
What to do after a pedestrian crash in Salem
Your health and safety come first. If you are able, taking a few steps can protect your rights:
- Seek medical care immediately and follow your treatment plan.
- Call law enforcement so a report documents the incident.
- Collect driver and insurance information and take photos of the scene and your injuries.
- Ask witnesses for contact details.
- Avoid discussing fault at the scene or on social media.
- Contact a personal injury attorney as soon as possible to safeguard evidence and deadlines.
Dealing with the insurance company
Insurers often call quickly, requesting statements or suggesting a fast settlement. You do not have to accept the first offer or provide a recorded statement without counsel. We handle communications so you can focus on recovery while we advance your claim.
Compensation in a pedestrian accident case
Every case is unique, but compensation typically includes two categories:
- Economic losses. Past and future medical bills, lost wages, replacement services, and vocational rehabilitation.
- Non-economic losses. Pain, inconvenience, emotional distress, loss of enjoyment of life, and interference with daily activities.
- In severe injury cases, we also consider long-term care, assistive devices, or home modifications. If your loved one was fatally injured, a wrongful death claim may be available to pursue funeral expenses and other legally recognized damages.
How Elmer Law, PC adds value
We bring a structured approach to case development, clear communication at each stage, and a commitment to putting clients first. Many clients choose us after hearing from friends or colleagues who have worked with our firm. When you are ready, see our client testimonials to understand how we serve people after serious injuries.
Frequently asked questions
How much is my Salem pedestrian accident case worth?
It depends on liability, the severity of your injuries, medical needs, and available insurance. We evaluate medical records, work impact, and long-term recovery to estimate case value before any settlement discussions.
What if I was not in a crosswalk?
You can still recover if the driver’s negligence primarily caused the crash and your share of fault is under Oregon’s 51 percent threshold. Not being in a crosswalk may reduce compensation, but it does not automatically bar recovery.
Do I have to give a recorded statement to the other driver’s insurer?
No. You can decline and direct the insurer to your attorney. Recorded statements can be used to minimize your claim. We handle communications and provide the necessary information at the right time.
How long do pedestrian accident claims take?
Timelines vary with medical recovery and disputes over fault. We generally recommend waiting until your injuries are well understood before resolving your claim so compensation reflects your full losses.
What if the driver fled the scene or had little insurance?
We investigate camera footage, witness leads, and vehicle details that may identify the driver. We also look at your own policies for uninsured or underinsured motorist coverage that may apply.
Can I bring a claim against the City of Salem or another public entity?
If a roadway defect or a public vehicle contributed to the crash, special rules may apply. Claims involving public bodies typically require early notice, sometimes within 180 days. Contact a lawyer promptly to preserve your rights.
Will my health insurance or PIP affect my settlement?
Yes. Medical payments from health insurance or personal injury protection can create reimbursement rights. We address these issues during settlement so your net recovery is protected as much as possible.
Get clear guidance today from a Salem pedestrian accident attorney
Decisions you make in the first few weeks can shape your case. If you were injured while walking anywhere in Salem or Marion County, speak with Elmer Law, PC to understand your options and next steps toward compensation.
Call (503) 563-7035 or request a free consultation. No pressure, just straightforward legal guidance about your options.
Personal Injury FAQ
Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 503-563-7035 today!
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What is personal injury?"Personal injury" is a general term that refers to an injury that came about as a result of someone else's negligence. A personal injury claim refers to a potential lawsuit you may have if you were injured due to the negligent or intentional act of another person or entity. Personal injury claims may arise in a variety of ways. Most commonly, people may have a viable personal injury claim if they were injured in a motor vehicle accident. Other common personal injury claims involve being injured by slipping and falling due to a hazard on a premise, or injuries due to negligently designed or manufactured consumer products.
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I was hurt at work. Do I have a personal injury claim?Short answer: probably not. If you are injured due to the negligence of your employer or your co-worker, you cannot sue your employer for your personal injuries. Rather, your sole and exclusive remedy for any such injuries is the workers’ compensation system. However, there are some notable exceptions to this “Exclusive Remedy” Doctrine, such as:Intentional injuries: if your injuries were due in substantial part due to the willful and unprovoked aggression by a co-worker or employer, then you may sue that person for an intentional tort. Red-tagged equipment: if OSHA if has posted a red warning notice on a machine, device, apparatus, or equipment, and your employer requires you to use it before they make it safe, then you may be able to bring a personal injury action against your employer. Non-complying employers: if you were injured while working for an employer that was not carrying required workers’ compensation insurance, you can not only bring a personal injury claim, you can also file a workers’ compensation claim. Third-Party Claims: if you were injured at work by some negligent third-party who is unassociated with your employment, a viable third-party personal injury claim can be filed.
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What is a Third-Party Claim?A third-party claim is a personal injury claim in the event you get hurt while on the job due to the negligence of someone other than a coworker or employer—i.e., you got injured due to the negligence of some third party unaffiliated with your employment. Most commonly, it is possible to file a third-party claim if you were injured in a motor vehicle accident while you were on the clock for your employer. Other common third-party claims involve being injured due to negligently designed or manufactured equipment used in your job or injuries due to the negligence of another person who is engaged in a common enterprise with your employment, such as a subcontractor.
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What do I do if I get into a car accident?Getting into a car accident can be very scary and it leaves most people rattled. But there are some important steps to take after an accident to help ensure you have all the information you need later. If you find yourself in this unfortunate situation keep this checklist handy: What to do after a car accident Call 911 if there are injuries. Stay safely out of the way of further harm. Stay in your car if that is the safest place, or if moving may further injure you. You can move your car to a safe location if your car is obstructing traffic or otherwise creating an unsafe situation. Just don’t leave the scene of the accident. Swap insurance information with any other drivers involved in the accident. Get the names and contact information of any witnesses to the accident. Call your insurance company and follow any instructions given to you by your insurance representative. Take photos of the accident scene, including any vehicle damage, and any personal injuries you suffered. Seek medical treatment immediately and document your providers, your recovery, out-of-pocket costs, and any lost-wages due to inability to work.
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What is PIP coverage?"PIP" stands for Personal Injury Protection. Every auto insurance policy issued in Oregon must carry PIP coverage. PIP is part of your auto insurance policy that provides payment for medical treatment and a percentage of your lost wages due to injuries suffered as a result of using, occupying, or maintaining your vehicle. Your medical providers should bill your PIP policy for any treatment caused by a car accident in the following days, weeks, or months. Keep in mind that PIP coverage only lasts for one year from the date of the accident is subject to maximum limits dictated by your particular insurance coverage. If you received PIP benefits due to the negligence of another motorist, you may have to pay PIP back should you elect to bring a lawsuit against the at-fault motorist and receive a settlement or judgment.
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What is liability coverage?Liability coverage is part of your auto insurance policy that provides payment to a person or entity that was injured due to your fault. If you are the injured party, you are going after the at-fault driver’s liability coverage; if you are the at-fault party, the injured party is going after your liability coverage. Liability coverage is subject to maximum limits dictated by your particular insurance coverage. If the damages caused by an at-fault driver exceed the maximum liability coverage limits, the injured party has a choice to either pursue the “excess amount” directly from the at-fault party in their personal capacity or pursue more coverage provided under your underinsured motorist coverage.
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What is UIM coverage?UIM coverage, or Underinsured Motorist coverage, is a part of your insurance policy that provides payment to you as the injured party should the total damages stemming from your motor vehicle accident exceed the at-fault driver’s liability coverage. Your UIM policy stacks on top of the liability policy and provides another source of recovery aside from pursuing excess amounts directly from the at-fault party’s personal finances.
Serving Salem, OR Since 2000