google-site-verification=s50rQ2qy_-D2NgNQHIrTDQ3KdG2L-Rbxefnefu855oU Portland Oregon Pedestrian Accident Attorney

cgee@injuryoregon.com
(503) 278-5389

3709 SE Gladstone St., Portland, OR 97202

Charley Gee P.C.

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Disclaimer: The information provided on this website is offered for informational purposes. It is not offered as and does not constitute, legal advice. An attorney-client relationship is not established by the sending of or responding to email. Website visitors are encouraged to contact a lawyer for specific legal advice. 

 

Copyright ©2016 Charley Gee P.C. All rights reserved.

PEDESTRIAN INJURIES

Please also visit my standalone website dedicated to Oregon pedestrians at www.oregonpedestrianlaw.com and download a free copy of my book "Oregon Pedestrian Law.

Pedestrians are some of the most vulnerable roadway users.  When a pedestrian is struck by a motor vehicle, the resulting injuries are often catastrophic.  What adds insult to injury is that the pedestrian is usually blamed and cannot tell their side of the story because they are seriously injured or dead.

 

Pedestrian versus motor vehicle crashes often result in injuries like broken bones, head injuries, and dental injuries.

 

In Oregon, pedestrians have the right-of-way in all crosswalks.  Oregon has marked crosswalks and unmarked crosswalks.  Every intersection contains crosswalks.

 

Drivers often strike pedestrians because they are distracted or intoxicated and fail to see the pedestrian crossing the road.  When one of these collisions happens it is very important to contact a pedestrian accident attorney right away because important evidence can be lost with time (like surveillance camera footage). 

 

When a pedestrian is injured by a motor vehicle in Oregon there are some special insurance laws that apply that favor the pedestrian.  It is very important to retain an experienced pedestrian accident attorney as soon as possible after the crash.

 

I invite you to visit my standalone Oregon pedestrian law website and my page dedicated to Motor Vehicle Collisions.

Oregon's Pedestrian Laws

ORS 801.385 "Pedestrian"

Pedestrian means any person afoot or confined in a wheelchair. [1983 c.338 §69]

ORS 801.220 "Crosswalk"

"Crosswalk" means any portion of a roadway at an intersection or elsewhere that is distinctly indicated for pedestrian crossing by lines or other markings on the surface of the roadway that conform in design to the standards established for crosswalks under ORS 810.200 (Uniform standards for traffic control devices). Whenever marked crosswalks have been indicated, such crosswalks and no other shall be deemed lawful across such roadway at that intersection. Where no marked crosswalk exists, a crosswalk is that portion of the roadway described in the following:

 

(1) Where sidewalks, shoulders or a combination thereof exists, a crosswalk is the portion of a roadway at an intersection, not more than 20 feet in width as measured from the prolongation of the lateral line of the roadway toward the prolongation of the adjacent property line, that is included within:

(a) The connections of the lateral lines of the sidewalks, shoulders or a combination thereof on opposite sides of the street or highway measured from the curbs or, in the absence of curbs, from the edges of the traveled roadway; or

(b) The prolongation of the lateral lines of a sidewalk, shoulder or both, to the sidewalk or shoulder on the opposite side of the street, if the prolongation would meet such sidewalk or shoulder.

 

(2) If there is neither sidewalk nor shoulder, a crosswalk is the portion of the roadway at an intersection, measuring not less than six feet in width, that would be included within the prolongation of the lateral lines of the sidewalk, shoulder or both on the opposite side of the street or highway if there were a sidewalk. [1983 c.338 §36]

ORS 801.440 "Right of way"

"Right of way" means the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed and proximity as to give rise to danger of collision unless one grants precedence to the other. [1983 c.338 §81]​

ORS 801.485 "Sidewalk"

"Sidewalk" means the area determined as follows:

(1) On the side of a highway which has a shoulder, a sidewalk is that portion of the highway between the outside lateral line of the shoulder and the adjacent property line capable of being used by a pedestrian.

(2) On the side of a highway which has no shoulder, a sidewalk is that portion of the highway between the lateral line of the roadway and the adjacent property line capable of being used by a pedestrian. [1983 c.338 §89]

ORS 801.608 "Vulnerable user of a public way"

"Vulnerable user of a public way" means a pedestrian, a highway worker, a person riding an animal or a person operating any of the following on a public way, crosswalk or shoulder of the highway:

(1) A farm tractor or implement of husbandry;

(2) A skateboard;

(3) Roller skates;

(4) In-line skates;

(5) A scooter; or

(6) A bicycle. [2007 c.784 §2; 2009 c.301 §1]

ORS 811.005 "Duty to exercise due care"

None of the provisions of the vehicle code relieve a pedestrian from the duty to exercise due care or relieve a driver from the duty to exercise due care concerning pedestrians. [1983 c.338 §543]​

ORS 811.020 "Passing stopped vehicle at crosswalk"

(1) The driver of a vehicle commits the offense of passing a stopped vehicle at a crosswalk if the driver:

(a) Approaches from the rear another vehicle that is stopped at a marked or an unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway; and

(b) Overtakes and passes the stopped vehicle.

(2) The offense described in this section, passing a stopped vehicle at a crosswalk, is a Class B traffic violation. [1983 c.338 §546]

ORS 811.025 "Failure to yield to pedestrian on sidewalk"

(1) The driver of a vehicle commits the offense of failure to yield to a pedestrian on a sidewalk if the driver does not yield the right of way to any pedestrian on a sidewalk.

(2) The offense described in this section, failure to yield to a pedestrian on a sidewalk, is a Class B traffic violation. [1983 c.338 §547; 1995 c.383 §42]

ORS 811.028 "Failure to stop and remain stopped for pedestrian"

(1) The driver of a vehicle commits the offense of failure to stop and remain stopped for a pedestrian if the driver does not stop and remain stopped for a pedestrian when the pedestrian is:

(a) Proceeding in accordance with a traffic control device as provided under ORS 814.010 (Appropriate responses to traffic control devices) or crossing the roadway in a crosswalk; and

(b) In any of the following locations:

(A) In the lane in which the driver’s vehicle is traveling;

(B) In a lane adjacent to the lane in which the driver’s vehicle is traveling;

(C) In the lane into which the driver’s vehicle is turning;

(D) In a lane adjacent to the lane into which the driver’s vehicle is turning, if the driver is making a turn at an intersection that does not have a traffic control device under which a pedestrian may proceed as provided under ORS 814.010(Appropriate responses to traffic control devices); or

(E) Less than six feet from the lane into which the driver’s vehicle is turning, if the driver is making a turn at an intersection that has a traffic control device under which a pedestrian may proceed as provided under ORS 814.010(Appropriate responses to traffic control devices).

 

(2) For the purpose of this section, a bicycle lane or the part of a roadway where a vehicle stops, stands or parks that is adjacent to a lane of travel is considered to be part of that adjacent lane of travel.

 

(3) This section does not require a driver to stop and remain stopped for a pedestrian under any of the following circumstances:

 

(a) Upon a roadway with a safety island, if the driver is proceeding along the half of the roadway on the far side of the safety island from the pedestrian; or

 

(b) Where a pedestrian tunnel or overhead crossing has been provided at or near a crosswalk.

 

(4) For the purposes of this section, a pedestrian is crossing the roadway in a crosswalk when any part or extension of the pedestrian, including but not limited to any part of the pedestrian’s body, wheelchair, cane, crutch or bicycle, moves onto the roadway in a crosswalk with the intent to proceed.

 

(5) The offense described in this section, failure to stop and remain stopped for a pedestrian, is a Class B traffic violation. [2005 c.746 §2; 2011 c.507 §1]

 

Note: 811.028 (Failure to stop and remain stopped for pedestrian) was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS chapter 811 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

ORS 811.035 Failure to stop and remain stopped for pedestrian who is blind

(1) The driver of a vehicle commits the offense of failure to stop and remain stopped for a pedestrian who is blind if the driver violates any of the following:

(a) A driver approaching a pedestrian who is blind or blind and deaf, who is carrying a white cane or accompanied by a dog guide, and who is crossing or about to cross a roadway, shall stop and remain stopped until the pedestrian has crossed the roadway.

(b) Where the movement of vehicular traffic is regulated by traffic control devices, a driver approaching a pedestrian who is blind or blind and deaf shall stop and remain stopped until the pedestrian has vacated the roadway if the pedestrian has entered the roadway and is carrying a white cane or is accompanied by a dog guide. This paragraph applies notwithstanding any other provisions of the vehicle code relating to traffic control devices.

(2) This section is subject to the provisions and definitions relating to the rights of pedestrians who are blind or blind and deaf under ORS 814.110 (Rights for persons who are blind or who are blind and deaf).

(3) For the purposes of this section, a pedestrian is crossing the roadway when any part or extension of the pedestrian, including but not limited to any part of the pedestrian’s body, wheelchair, cane, crutch, bicycle or leashed animal, moves onto the roadway with the intent to proceed.

(4) The offense described in this section, failure to stop and remain stopped for a pedestrian who is blind, is a Class B traffic violation. [1983 c.338 §549; 1985 c.16 §280; 2003 c.278 §3; 2007 c.70 §329; 2011 c.507 §2]

ORS 811.060 "Vehicular assault of bicyclist or pedestrian"

(1) For the purposes of this section, "recklessly" has the meaning given that term in ORS 161.085 (Definitions with respect to culpability).

(2) A person commits the offense of vehicular assault of a bicyclist or pedestrian if:

(a) The person recklessly operates a vehicle upon a highway in a manner that results in contact between the person’s vehicle and a bicycle operated by a person, a person operating a bicycle or a pedestrian; and

(b) The contact causes physical injury to the person operating a bicycle or the pedestrian.

(3) The offense described in this section, vehicular assault of a bicyclist or pedestrian, is a Class A misdemeanor. [2001 c.635 §5]

ORS 811.505 "Failure to stop when emerging from alley, driveway or building"

(1) A person commits the offense of failure to stop when emerging from an alley, driveway or building if the person is operating a vehicle that is emerging from an alley, building, private road or driveway in a business or residence district and the person does not stop the vehicle as follows:

(a) If there is a sidewalk or sidewalk area, the person must stop the vehicle before driving onto the sidewalk or sidewalk area.

(b) If there is no sidewalk or sidewalk area, the person must stop at the point nearest the roadway to be entered where the driver has a view of approaching traffic.

(2) The offense described in this section, failure to stop when emerging from an alley, driveway or building, is a Class B traffic violation. [1983 c.338 §658; 1985 c.16 §322; 1995 c.383 §78]

ORS 814.010 "Appropriate responses to traffic control devices (pedestrian)"

This section establishes appropriate pedestrian responses to specific traffic control devices for purposes of ORS 814.020(Failure to obey traffic control device). Authority to place traffic control devices is established under ORS 810.210 (Placement and control of traffic control devices). Except when acting under the direction of a police officer, a pedestrian is in violation of ORS 814.020 (Failure to obey traffic control device) if the pedestrian makes a response to a traffic control device that is not permitted under the following:

(1) A pedestrian facing a traffic control device with a green light may proceed across the roadway within any marked or unmarked crosswalk unless prohibited from doing so by other traffic control devices.

(2) A pedestrian facing a traffic control device with a green arrow signal light may proceed across the roadway within any marked or unmarked crosswalk unless prohibited from doing so by other traffic control devices.

(3) A pedestrian facing a traffic control device with a steady yellow light shall not enter the roadway unless otherwise directed by a pedestrian control signal.

(4) A pedestrian facing a traffic control device with a steady red light shall not enter the roadway unless otherwise directed by a pedestrian control signal.

(5) If a traffic control device is erected and maintained at a place other than an intersection, the provisions of this section are applicable.

(6) When a pedestrian control signal showing the words "Walk" and "Wait" or "Don’t Walk" or any other pedestrian symbol approved by the Oregon Transportation Commission under ORS 810.200 (Uniform standards for traffic control devices)and 810.210 (Placement and control of traffic control devices) for the purpose of controlling pedestrian crossing is in place, the signal indicates and applies as follows:

(a) If a pedestrian is facing a "Walk" signal or other symbol approved under ORS 810.200 (Uniform standards for traffic control devices) and 810.210 (Placement and control of traffic control devices) indicating that the pedestrian may proceed, the pedestrian may proceed across the roadway in the direction of the signal.

(b) A pedestrian shall not start to cross the roadway in the direction of a signal showing a "Wait" or "Don’t Walk" or any other symbol approved under ORS 810.200 (Uniform standards for traffic control devices) and 810.210 (Placement and control of traffic control devices) indicating that the pedestrian may not proceed. A pedestrian who has started crossing a roadway on a signal showing "Walk" or any other approved symbol to proceed shall proceed with dispatch to a sidewalk or safety island while a signal is showing "Wait" or "Don’t Walk" or any other approved symbol indicating not to proceed. [1983 c.338 §553; 1985 c.16 §282]

ORS 814.020 "Failure to obey traffic control device"

(1) A pedestrian commits the offense of pedestrian failure to obey traffic control devices if the pedestrian does any of the following:

(a) Fails to obey any traffic control device specifically applicable to the pedestrian.

(b) Fails to obey any specific traffic control device described in ORS 814.010 (Appropriate responses to traffic control devices) in the manner required by that section.

(2) A pedestrian is not subject to the requirements of this section if the pedestrian complies with directions of a police officer.

 

(3) The offense described in this section, pedestrian failure to obey traffic control devices, is a Class D traffic violation. [1983 c.338 §552; 1995 c.383 §82]

ORS 814.030 "Failure to obey bridge or railroad signal (pedestrian)"

(1) A pedestrian commits the offense of pedestrian failure to obey bridge or railroad signal if the pedestrian does any of the following:

(a) Enters or remains upon a bridge or approach to a bridge beyond the bridge signal, gate or barricade after a bridge operation signal has been given.

 

(b) Passes through, around, over or under any crossing gate or barrier at a bridge or railroad grade crossing while the gate or barrier is closed or being opened or closed.

 

(2) The offense described in this section, pedestrian failure to obey bridge or railroad signal, is a Class D traffic violation. [1983 c.338 §554; 1995 c.383 §83]

ORS 814.040 "Failure to yield to vehicle"

(1) A pedestrian commits the offense of pedestrian failure to yield to a vehicle if the pedestrian does any of the following:

 

(a) Suddenly leaves a curb or other place of safety and moves into the path of a vehicle that is so close as to constitute an immediate hazard.

(b) Fails to yield the right of way to a vehicle upon a roadway when the pedestrian is crossing the roadway at any point other than within a marked crosswalk or an unmarked crosswalk at an intersection.

(c) Except as otherwise provided under the vehicle code, fails to yield the right of way to all vehicles upon the roadway.

(2) The offense described in this section, pedestrian failure to yield to a vehicle, is a Class D traffic violation. [1983 c.338 §555; 1995 c.383 §84]

ORS 814.050 "Failure to yield to ambulance or emergency vehicle"

(1) A pedestrian commits the offense of pedestrian failure to yield to an ambulance or emergency vehicle if the pedestrian does not yield the right of way to:

(a) An ambulance used in an emergency situation; or

 

(b) An emergency vehicle or an ambulance upon the approach of the vehicle using a visual signal or audible signal or both according to requirements under ORS 820.300 (Exemptions from traffic laws) or 820.320 (Illegal operation of emergency vehicle or ambulance).

 

(2) This section does not relieve the driver of an ambulance or emergency vehicle from the duty to:

 

(a) Drive with due regard for the safety of all persons using the highway; and

 

(b) Exercise due care to avoid colliding with any pedestrian.

 

(3) The offense described in this section, pedestrian failure to yield to an ambulance or emergency vehicle, is a Class D traffic violation. [1983 c.338 §556; 1995 c.209 §4; 1995 c.383 §85]

ORS 814.060 "Failure to use pedestrian tunnel or overhead crossing"

(1) A pedestrian commits the offense of failure to use pedestrian tunnel or overhead crossing if the pedestrian crosses a roadway other than by means of a pedestrian tunnel or overhead pedestrian crossing when a tunnel or overhead crossing serves the place where the pedestrian is crossing the roadway.

(2) The offense described in this section, failure to use pedestrian tunnel or overhead crossing, is a Class D traffic violation. [1983 c.338 §557]

ORS 814.070 "Improper position upon or improperly proceeding along highway"

(1) A pedestrian commits the offense of pedestrian with improper position upon or improperly proceeding along a highway if the pedestrian does any of the following:

(a) Takes a position upon or proceeds along and upon the roadway where there is an adjacent usable sidewalk or shoulder.

(b) Does not take a position upon or proceed along and upon the shoulder, as far as practicable from the roadway edge, on a highway that has an adjacent shoulder area on one or both sides.

(c) Except in the case of the divided highway, does not take a position upon or proceed along and upon the left shoulder and as far as practicable from the roadway edge on a two-way highway that has no sidewalk and that does have an adjacent shoulder area. This paragraph does not apply to:

(A) A hitchhiker who takes a position upon or proceeds along and upon the right shoulder so long as the hitchhiker does so facing the vehicles using the adjacent lane of the roadway; or

(B) A member of a group that has adopted that section of highway under the provisions of ORS 366.158 (Adopt-a-Highway Program) who is obeying the rules of the Department of Transportation for picking up litter or removing noxious weeds on either side of the roadway.

(d) Does not take a position upon or proceed along and upon the right highway shoulder, as far as practicable from the roadway edge, on a divided highway that has no sidewalk and does have a shoulder area. This paragraph does not apply to a member of a group that has adopted that section of highway under the provisions of ORS 366.158 (Adopt-a-Highway Program) who is obeying the rules of the Department of Transportation for picking up litter or removing noxious weeds on either side of the roadway.

(e) Fails to take a position upon or proceed along and upon a highway that has neither sidewalk nor shoulder available, as near as practicable to an outside edge of the roadway, and, if the roadway is a two-way roadway, only on the left side of it.

 

(2) This section is subject to the provisions of ORS 814.100 (Rights of driver and passengers of disabled vehicle on freeway).

 

(3) A pedestrian does not commit the offense of pedestrian with improper position upon or improperly proceeding along a highway if the pedestrian:

 

(a) Does not impede traffic or create a traffic hazard;

 

(b) Posts advance warning signs in compliance with standards adopted by the Oregon Transportation Commission under ORS 810.200 (Uniform standards for traffic control devices);

 

(c) Wears high-visibility safety apparel in compliance with standards adopted by the Oregon Transportation Commission under ORS 810.200 (Uniform standards for traffic control devices); and

 

(d) Has a permit or belongs to a group that has a permit issued under ORS 814.072 (Issuance of permit to be upon or to proceed along highway).

 

(4) A pedestrian does not commit the offense of pedestrian with improper position upon or improperly proceeding along a highway when the pedestrian is on a narrow residential roadway if:

 

(a) The pedestrian does not create a traffic hazard; and

 

(b) Signs are posted giving notice that pedestrians may be present upon or along the narrow residential roadway. Signs posted under this paragraph shall be posted at each end of the portion of the narrow residential roadway where pedestrians may be present.

(5) The offense described in this section, pedestrian with improper position upon or improperly proceeding along a highway, is a Class D traffic violation. [1983 c.338 §558; 1991 c.486 §4; 1995 c.383 §86; 2008 c.47 §§1,2; 2009 c.547 §§2,3; 2011 c.507 §3; 2013 c.474 §1]

ORS 814.410 "Unsafe operation of a bicycle on a sidewalk"

(1) A person commits the offense of unsafe operation of a bicycle on a sidewalk if the person does any of the following:

 

(a) Operates the bicycle so as to suddenly leave a curb or other place of safety and move into the path of a vehicle that is so close as to constitute an immediate hazard.

 

(b) Operates a bicycle upon a sidewalk and does not give an audible warning before overtaking and passing a pedestrian and does not yield the right of way to all pedestrians on the sidewalk.

 

(c) Operates a bicycle on a sidewalk in a careless manner that endangers or would be likely to endanger any person or property.

 

(d) Operates the bicycle at a speed greater than an ordinary walk when approaching or entering a crosswalk, approaching or crossing a driveway or crossing a curb cut or pedestrian ramp and a motor vehicle is approaching the crosswalk, driveway, curb cut or pedestrian ramp. This paragraph does not require reduced speeds for bicycles at places on sidewalks or other pedestrian ways other than places where the path for pedestrians or bicycle traffic approaches or crosses that for motor vehicle traffic.

 

(e) Operates an electric assisted bicycle on a sidewalk.

 

(2) Except as otherwise specifically provided by law, a bicyclist on a sidewalk or in a crosswalk has the same rights and duties as a pedestrian on a sidewalk or in a crosswalk.

 

(3) The offense described in this section, unsafe operation of a bicycle on a sidewalk, is a Class D traffic violation. [1983 c.338 §699; 1985 c.16 §337; 1997 c.400 §7; 2005 c.316 §2]

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