Date: January 16, 2010
Location: 4700 block of SW Taylors Ferry Road, Portland, Oregon
Names: Corbin Edwards
According to news reports by The Oregonian and KGW.com, Corbin Edwards, 21, was hit by a car and seriously injured January 16, 2010, around 11 PM, in the 4700 block of SW Taylors Ferry Road in Portland, Oregon.
Portland Police said Edwards was “stumbling” in the street before being hit and had been acting erratically before the crash. Police are trying to determine the reason for his behavior.
Edwards was taken to an area hospital with serious injuries. The driver cooperated fully with police and was not cited. A passenger in the car was treated and released from an area hospital.
We would like to express our well wishes to Edwards and his family. We also send our best wishes to the driver, who, thankfully, was not injured and did what he was supposed to do after a pedestrian accident. This is a hard time for all involved, but it will be much easier to settle the details of the case because he did what was morally and legally right to do.
In a case like this, who is at fault? Typically, in Oregon, the courts will almost always side with the pedestrian, who is a “vulnerable user” on the road. But, just as there is in all law, there are exceptions.
In this example, especially, the pedestrian was said to have been stumbling. Most people would assume that he was drunk. If he was, then there’s a good chance he can be found at fault. But the investigation is still ongoing, and we could learn that there were other reasons for the pedestrian’s behavior.
And what about the driver of the car, who was not injured, but had a passenger who was, and a car that was probably damaged? Well, the first thing the driver needs to do is contact his or her insurance company. The car insurance should help cover the damages to the vehicle, and under Oregon law, the passenger as well. In Oregon, all insurance policies are required to have what is called personal injury protection benefits, or PIP. This covers the driver of the car, any passengers, and even a pedestrian that was hit by the car.
Now, whether that pedestrian will be entitled to the PIP benefits can certainly be argued in this car accident. That’s why car accident and personal injury cases can get so complex and confusing. That’s why it’s usually best to contact a personal injury lawyer after a car accident, whether you plan to settle or sue. A knowledgeable attorney will listen to your story and then will be able to ask the right questions and tell you what your best options are.
Shulman DuBois, LLC, is located in Portland, Oregon, and serves clients in all Oregon cities and counties, including: Portland, Beaverton, Multnomah County, Hillsboro, Gresham, Lake Oswego, West Linn, Tualatin, Troutdale, Sellwood, Corvallis, Salem, Eugene, and Albany.