Car Runs Down Pedestrian in Crosswalk

On a beautiful early autumn afternoon, a car was going north on Hilyard Street in Eugene, Oregon, heading towards its intersection with 17th Street. This is a busy area near the University of Oregon campus, with heavy pedestrian use. As the driver approached the marked crosswalk at that intersection she had florescent yellow pedestrian ahead graphic signs on both sides of the street, followed by large “stop here for [pedestrian graphic]” signs on both sides of the street, followed by florescent yellow pedestrian crossing signs after both sides.

As the car approached and was passing those warning signs in the eastern northbound lane of Hilyard, another car in the adjacent western northbound lane was stopped for a pedestrian who was using the crosswalk. Oregon law requires that a vehicle operator must stop if they approach from the rear another vehicle stopped at a crosswalk to permit a pedestrian to cross, regardless of the position of the pedestrian at the time. Oregon Revised Statute (ORS) 811.020. Oregon law provides that when a pedestrian is crossing in a crosswalk, vehicle operators must stop and remain stopped until the pedestrian has cleared the lane the vehicle is in and the lane adjacent to the lane the vehicle is in. ORS 811.028.

In violation of the multiple traffic control warnings and Oregon law, the car in the east lane continued northbound toward the crosswalk, passed the stopped car on her left, entered the crosswalk, and violently struck Jennifer.

Jennifer had previously waited to cross in that marked crosswalk. A driver in the western northbound lane stopped for her at the crosswalk. Jennifer was walking in the crosswalk from west to east across Hilyard. After Jennifer had crossed most of the street in the crosswalk, the car in the east lane failed to yield the right of way to Jennifer in the crosswalk, hit Jennifer (apparently without slowing her vehicle speed), causing Jennifer to fly up onto that car’s windshield, bounce off the hood of her car, and land in the middle of the intersection.

The force of the crash knocked Jennifer unconscious. She remained unconscious from the time of the collision until she came to in the ambulance. She had repetitive questioning during the ambulance ride. She still has no memory of the actual event.

Jennifer was urgently taken by ambulance to a local hospital and treated for a head injury with loss of consciousness, a fractured sternum, a fractured pelvis, and severe neck pain. She remained hospitalized for three days. She had physical and occupational therapy until she could be released into the care of a family member, as she required assistance at home. She also was treated with a medication to try to avoid blood clots, and had to give herself injections once she was released from the hospital.

Jennifer’s mother traveled from out of state to help care for Jennifer, helping her with basic needs such as bathing, assisting in walking, and household duties. Jennifer’s bedroom was upstairs in her apartment, so she spent the first part of her time after the hospital downstairs on the couch. She initially spent quite a bit of time under a blanket to protect her from light after the head injury. She also had to practice walking with her front-wheeled walker.

Jennifer followed up for treatment with local neurologists and orthopedic physicians. She had loss of consciousness with ongoing amnesia, nausea and vomiting, and neck and pelvic pain. She was feeling brain fog, slower mental processing, and frontal head pain. Unfortunately, there is no known effective treatment for such brain injuries, and patients are mostly allowed to rest and try to recover to the extent they can.

Jennifer had difficulties in her life outside school and work due to the injuries. She could not jump or run. She was in pain when she breathed deeply, due to the sternum fracture. She experienced depression and anxiety after the injuries. The brain injuries affected her motivation, and she had dizziness and balance problems. Her socializing with friends became more limited. She had to sleep a lot, and got tired easily. Her neck caused her pain daily.

Jennifer’s case is a reminder of several important lessons. First, of the potentially long-lasting and far-ranging impacts of a brain injury. Regaining consciousness is not recovery, but the start of a sometimes long and uncertain road toward a hoped-for recovery. Second, her case illustrates how most people don’t have enough insurance. While we were able to recover all of the available insurance for her, Jennifer’s case is a reminder of how the insurance coverage most drivers purchase is often inadequate for the harms they negligently cause. Finally, her experience underscores how vulnerable we are as pedestrians. Jennifer followed all of the rules while walking in broad daylight in a heavily marked pedestrian area that had multiple clear warnings for drivers, and still was seriously injured.