Pedestrian Accident Claims in Oregon
When drivers in Oregon must yield to pedestrians, crossing outside a crosswalk, how fault is shared, and the deadline to sue.
Short answer: A driver must stop and remain stopped for a pedestrian who is crossing in a crosswalk (or proceeding under a pedestrian signal) and is in the driver's lane, an adjacent lane, the lane the driver is turning into, or, at a turn without a pedestrian signal, a lane next to it; ORS 811.028, 814.040
| Pedestrian right-of-way | A driver must stop and remain stopped for a pedestrian who is crossing in a crosswalk (or proceeding under a pedestrian signal) and is in the driver's lane, an adjacent lane, the lane the driver is turning into, or, at a turn without a pedestrian signal, a lane next to it; a pedestrian counts as crossing once any part of the body, wheelchair, cane, crutch or bicycle moves onto the roadway in a crosswalk with intent to cross. A pedestrian must not suddenly leave a curb into the path of a vehicle too close to stop, and must yield to vehicles when crossing anywhere other than a marked crosswalk or an unmarked crosswalk at an intersection. Pedestrian duties: https://www.oregonlegislature.gov/bills_laws/ors/ors814.html Source: ORS 811.028, 814.040 |
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| Fault rule (comparative negligence) | Modified comparative negligence (51% bar). An injured person can recover if their fault was not greater than the combined fault of the defendants and others the law requires the jury to compare (including people who settled); damages are reduced by the injured person's percentage of fault. Source: Or. Rev. Stat. § 31.600 |
| Minimum car insurance | Minimum liability coverage is $25,000 for bodily injury or death of one person, $50,000 for bodily injury or death of two or more people in one accident, and $20,000 for property damage. Every private passenger auto liability policy must also include personal injury protection (PIP) benefits, including up to $15,000 in medical and related expenses per person. PIP statutes: https://www.oregonlegislature.gov/bills_laws/ors/ors742.html |
| Deadline to sue for an injury | Two years for assault, battery, false imprisonment, or any other injury to the person not arising from a contract. In addition, no action for negligent injury to a person or property may be filed more than 10 years after the act or omission (statute of ultimate repose). |
More Oregon personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Oregon
- Wrongful Death Lawsuits in Oregon
- Medical Malpractice Rules in Oregon
- Car Accident Claims in Oregon
- Dog Bite Liability in Oregon
- Motorcycle Accident Claims in Oregon
- Bicycle Accident Claims in Oregon
- Uber and Lyft Accident Claims in Oregon
- Truck Accident Claims in Oregon
- Construction Site Injuries in Oregon
- All Oregon personal injury & wrongful death rules
FAQ
Who has the right of way, a pedestrian or a driver, in Oregon?
A driver must stop and remain stopped for a pedestrian who is crossing in a crosswalk (or proceeding under a pedestrian signal) and is in the driver's lane, an adjacent lane, the lane the driver is turning into, or, at a turn without a pedestrian signal, a lane next to it; a pedestrian counts as crossing once any part of the body, wheelchair, cane, crutch or bicycle moves onto the roadway in a crosswalk with intent to cross. A pedestrian must not suddenly leave a curb into the path of a vehicle too close to stop, and must yield to vehicles when crossing anywhere other than a marked crosswalk or an unmarked crosswalk at an intersection.
Can you recover damages if you were partly at fault in Oregon?
Modified comparative negligence (51% bar). An injured person can recover if their fault was not greater than the combined fault of the defendants and others the law requires the jury to compare (including people who settled); damages are reduced by the injured person's percentage of fault.
What is the minimum car insurance required in Oregon?
Minimum liability coverage is $25,000 for bodily injury or death of one person, $50,000 for bodily injury or death of two or more people in one accident, and $20,000 for property damage. Every private passenger auto liability policy must also include personal injury protection (PIP) benefits, including up to $15,000 in medical and related expenses per person.
What is the statute of limitations for personal injury in Oregon?
Two years for assault, battery, false imprisonment, or any other injury to the person not arising from a contract. In addition, no action for negligent injury to a person or property may be filed more than 10 years after the act or omission (statute of ultimate repose).
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.