Both Driver and Pedestrian May Have Been Under the Influence in SE Portland Crash

Date:  March 16, 2012
Location:  SE Powell and Cesar Chavez Boulevards, Southeast Portland
Name:  Clay Everett Smith

A driver was detained after a pedestrian was hit at a major Southeast Portland intersection early Friday morning. The pedestrian died a few hours later.

According to the report on KOIN Local 6, police were called to the intersection of Cesar Chavez and Southeast Powell Boulevards at around 3 a.m. Friday morning. They arrived to find Clay Everett Smith, 33, lying in the road with traumatic injuries. Smith had been struck by an SUV being driven by a 23-year-old man who remained at the scene and was trying to give Smith first aid when police arrived. Smith was rushed to a local hospital, but he died from his injuries.

Sergeant Pete Simpson said that police plan to study video surveillance tapes from a number of businesses in the area to develop a clearer idea of the events leading up to the crash, but it is believed alcohol may have been a factor for both the victim and the driver. The driver was taken into custody after the accident and is cooperating with police enquiries.

We would like to send our most sincere and heartfelt sympathies to the family and friends of Clay Smith at this tragic time.

If a pedestrian is hit in a crosswalk, it is generally considered the driver’s fault. However, just like everything in the law, there are exceptions. If the pedestrian was drunk and wearing dark clothes, and it was dark, the driver can sometimes escape prosecution. Or if a pedestrian darts out unexpectedly into an intersection, the law may take the driver’s side too. But in most cases, the law will consider it to be the driver’s fault, and the pedestrian or the pedestrian’s family will be able to get legal compensation. All cases are different, of course, so contact a knowledgeable lawyer if you have any questions about your case.

In the wake of a tragedy like this, each person must deal with it in whatever way works best for them. We would never try to talk someone into taking legal action. It is an individual decision that can only be made by the family.

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