Salem Bike & Pedestrian Accident Attorneys

Proving Liability in Bicycle & Pedestrian Accidents

Proving liability is one of the most challenging steps to recovering damages after a bike or pedestrian accident, making it critical to consult with our time-tested injury lawyers as soon as possible. We can investigate the accident to identify liable parties and help you meet the burden of proof in your claim. 

Below are the legal elements required to establish liability:

1. Duty of care. The defendant owed you a duty of care, such as obeying traffic signs and yielding to pedestrians. 
2. Breach of duty. The defendant breached their duty by acting negligently, such as running a red light or driving while intoxicated.
3. Causation. The accident and injuries would not have occurred if not for the defendant’s negligence. 
4. Damages. The victim suffered actual losses (damages) as a result of the defendant’s breach. 

My Loved One Was Killed in a Pedestrian Accident. Can I Seek Justice on Their Behalf?

If your loved one passed away in a pedestrian accident, you may be entitled to seek justice in a wrongful death claim. The lawsuit must be brought by the personal representative of the decedent’s estate on behalf of qualifying beneficiaries, such as spouses, children, parents, and other immediate family members.

Our attorneys have a deep understanding of wrongful death and survival actions to help grieving families understand their options, investigate the circumstances surrounding the death, and pursue accountability from negligent parties. We also assist with probate and estate planning tasks that often arise with wrongful death claims. 

Can I Recover Damages in a Bicycle Accident Claim if I Wasn’t Wearing a Helmet?

Yes. Helmets are only required for bicyclists under the age of 16 (ORS 814.485(1)). Failing to wear a helmet cannot be used as a defense or as evidence to reduce damages, even if the cyclist was legally required to wear one (ORS § 814.489).

A common misconception is that you cannot recover damages if you are even slightly responsible for the bike accident. However, Oregon’s modified comparative negligence rule allows you to recover damages as long as your fault is 50% or less. 

Insurance companies often offer minimal settlements in an effort to evade fair payouts. Our attorneys are familiar with these tactics and never hesitate to stand up to big insurers in court if necessary to force them to the negotiating table. 

Importance of Working with Our Bicycle & Pedestrian Accident Lawyers

The last thing you need after a serious injury is additional stress. Having the right lawyer on your side can make a meaningful difference in the outcome of your case. 

Some advantages of choosing our top-rated injury law firm include: 

Anticipating Potential Defense Strategies

Drivers who strike unprotected individuals usually try to deflect the blame by claiming a cyclist darted into traffic, a pedestrian wasn’t in a marked crosswalk, or a victim wasn’t wearing bright clothing. We counter these blame-shifting tactics by conducting extensive investigations and building strong, evidence-backed cases. 

Securing Time-Sensitive Evidence 

Unlike a high-speed collision between two heavy vehicles, bicycle and pedestrian crashes leave very little physical evidence behind on the roadway. We act swiftly to track down security footage, traffic camera recordings, and eyewitnesses before memories fade or crucial video files are permanently overwritten.

Untangling Complex Insurance & PIP Policies

Your own auto insurance’s personal injury protection (PIP) typically kicks in to cover initial medical expenses, even if you were walking or cycling. We coordinate communications between health insurance, PIP coverage, and the at-fault driver’s liability policy so you can focus entirely on your physical recovery.

Calculating Long-Term Damages

Because pedestrians and cyclists lack the metal framework and airbags of a passenger vehicle, the resulting injuries can be life-altering. We partner with medical specialists and other relevant experts to project the true, lifelong cost of ongoing physical therapy, future surgeries, diminished earning capacity, and other losses.

Negotiating with Pushy Insurance Adjusters

Insurance companies know that injured pedestrians and cyclists are often in immense pain, making them vulnerable to lowball, fast-cash settlement offers. We can take over all communication with the adjusters to prevent you from being pressured, rushed, or manipulated into accepting less than you deserve.

Don’t pay the price for someone else’s carelessness. Our firm can advocate for the compensation you deserve. Contact us online to request a free case evaluation. Se habla español.