Eugene, OR asked in Personal Injury and Car Accidents for Oregon

Q: How do I prove that someone who hit me with their car when I was a pedestrian owed me a legal duty and was negligent?

3 Lawyer Answers
Joanne Reisman
Joanne Reisman
Answered
  • Personal Injury Lawyer
  • Portland, OR
  • Licensed in Oregon

A: It would depend on the facts of the specific circumstances. You are going to have to hire an attorney to represent you and let your attorney figure this out.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
Answered
  • Personal Injury Lawyer
  • Hillsboro, OR
  • Licensed in Oregon

A: Generally speaking all drivers owe a legal duty not to hit pedestrians. To prove the then breach, you convince the jury or arbitrator that they breached this duty and that you were not at fault. If you were in a crosswalk or walking on the side of the road, that tends to be easy. If you were running in the street, probably not going to win.

Mario F. Riquelme
Mario F. Riquelme
PREMIUM
Answered
  • Personal Injury Lawyer
  • Bend, OR
  • Licensed in Oregon

A: This depends on the facts of your case. First you have to figure out what the legal duty was. Generally, drivers of motor vehicles have a duty to avoid collisions of any nature. This duty is heightened when it comes to collisions where pedestrians are likely to be found (crosswalks, etc.) Once you have determined what the duty is, proving the legal duty is a matter of presenting the facts of the case to a jury, judge or arbitrator through admissible evidence. It would be in your best interest to gather all your supporting evidence, and make an appointment with a personal injury attorney. A reputable personal injury attorney will be happy to review your case at an initial consultation with you free of charge. Speak with the lawyer before making statements to the insurance companies.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.