Portland police are continuing to investigate a car accident that injured an elderly woman in Lake Oswego. The pedestrian accident involved one car and one pedestrian and happened on May 2.
An 85-year-old woman was crossing the street just south of Overlook Drive when she was hit. The driver who struck the pedestrian was said to be driving slower than the marked 40 mph speed limit on that road. Police report that the victim was not in the crosswalk at the time of the crash. However, she may have thought that she was in a lined crosswalk due to markings on the roadway that have been installed for traffic data collection, witnesses suggested.
The Portland-area pedestrian accident resulted in the victim being taken to OSHU Hospital. There she was listed in critical condition. The driver of the car was not reported injured in the collision.
As police continue to investigate this unfortunate pedestrian accident, they will likely focus on the position of the vehicle in relation to the victim as well as on the street markings, which some observers likened to crosswalk markings.
While it is too early to make any definitive conclusions, answers to these questions may help in assessing whether a claim for personal injuries under Oregon law is feasible. If it is determined that the street markings led the elderly pedestrian to believe she was crossing as a crosswalk, a claim of negligence against the city might be pursued, along with a claim against the driver if it is documented that she was negligent in a manner that caused or contributed to the collision.
Source: Lake Oswego Review, "Car hits woman walking across Stafford Road," Kara Hansen, May 3, 2012