Oregon Injury Lawyer Blog
According to the National Highway Traffic Safety Administration, distracted driving accidents led to more than 3,200 deaths in 2024. As with many types of unsafe driving practices, distracted driving represents a particularly great danger to those who are the most vulnerable on the road, including pedestrians, bicyclists, and motorcyclists. For those who have been injured by a distracted driver (or who have lost a loved one to a fatal distracted driving accident), securing legal counsel from an experienced Oregon auto accident lawyer is an important first step in the process of getting justice for the harm you have suffered.
According to a KTMR report, police believe that distracted driving was a central factor in a recent Lane County accident that claimed the life of a 35-year-old Junction City man.
The man, who was walking along the shoulder of Highway 99W, died after a Hyundai Elantra struck him on the afternoon of May 5. According to police, the Hyundai’s driver, a 16-year-old female, was headed southbound on Highway 99W when she became distracted, left the travel lane, and struck the pedestrian.
The police report did not specify exactly what caused the teenage driver to become distracted and veer out of her lane.
Fatal Pedestrian Accidents: A Worsening Problem
In 2023, Oregon logged 69 pedestrian deaths, the highest number in decades. Many of these fatal collisions involve inattentive drivers. When that inattention results from using a cell phone or other electronic device, the matter may present special legal issues.
Oregon’s Distracted Driving Law
In 2009, Oregon enacted a law that barred drivers from using cell phones to make calls or to text unless they used a hands-free device. In 2017, the legislature passed another bill to strengthen the prohibition. The 2017 law, according to a report in The Oregonian, “prohibits drivers from using any function of the phone that requires holding or touching.” A driver may, for example, touch their phone once to initiate a preprogrammed set of directions. The driver may not, however, do anything that requires holding the phone.
The law requires drivers to observe these prohibitions, even when stopped in traffic, at a red light, or at a train crossing.
A Driver’s Distraction and Your Civil Lawsuit
When you sue a distracted driver for negligence, your case typically requires you to prove four elements: namely, “duty,” “breach,” “causation,” and “damages.” Proof that a driver was distracted while driving can be especially helpful in establishing the “breach” element. The law says that every driver has a duty to obey all traffic laws, to pay reasonable attention, and generally to operate their vehicle in a reasonably careful manner. If you have evidence that the driver who hit you was distracted, that evidence may serve as critical proof that the driver was not paying reasonable attention and failed to drive with reasonable care.
Another legal concept that may factor into your distracted driving case is something called “negligence per se.” Negligence per se is a legal doctrine that applies in cases where the at-fault driver also received a citation for violating one or more traffic laws. For example, if you have proof that the police cited the distracted driver who hit you for using their cell phone or other electronic device, that can trigger negligence per se, which allows you to automatically infer that the distracted driver was negligent.
Serious/Fatal Pedestrian Accidents and Insurance Claims
The discussion above centers around strategies for winning a civil lawsuit. Sometimes, however, winning a civil case may be an incomplete success if your harm was severe and the distracted driver had little or no assets available through a civil court judgment. Insurance claims may also play an important role. Although you were not driving, you can get your medical bills and lost wages paid by your own auto insurer based on your Personal Injury Protection (PIP) coverage. Even if you do not have auto insurance, you can open a PIP claim on the driver’s policy, regardless of fault.
Serious or fatal pedestrian accidents, including those involving distracted drivers, often are complex matters requiring careful and skillful decision-making. Given the variety of pathways for pursuing just compensation, it is worth your while to ensure you have knowledgeable legal representation on your side to help you choose the best avenue. The Oregon pedestrian accident lawyers at Kaplan Law LLC have successfully represented injured pedestrians and their families and are eager to discuss how we can help you. Call (503) 226-3844 today or contact us online to schedule your free consultation.
