Oregon Pedestrian Laws Explained

Oregon Pedestrian Laws

Oregon pedestrian laws are designed to protect the safety of pedestrians and drivers alike. However, accidents can still happen. If you have been injured as a pedestrian in a motor vehicle accident, it is important to understand your legal rights and options.

Basic Pedestrian Laws in Oregon

Under Oregon law, pedestrians generally have the right-of-way in crosswalks, whether marked or unmarked. Drivers must yield to pedestrians who are crossing the street in a crosswalk. Pedestrians also have the right-of-way over vehicles when they are crossing a street at an intersection, even if there is no crosswalk.

However, there are some exceptions to these general rules. For example, pedestrians must obey all traffic signals and signs. Pedestrians must also yield to vehicles if they are crossing the street outside of a crosswalk.

How Pedestrian Laws Impact Personal Injury Matters

Pedestrian laws can play a significant role in determining liability in a personal injury matter. If a driver violates a pedestrian law and causes an accident, the driver will likely be held liable for the pedestrian's injuries.

For example, if a driver fails to yield to a pedestrian in a crosswalk and causes an accident, the driver will likely be held liable for the pedestrian's injuries. However, if a pedestrian crosses the street outside of a crosswalk and is hit by a car, the pedestrian may be partially or fully at fault for the accident.

How an Experienced Pedestrian Accident Attorney Can Help

If you have been injured as a pedestrian in a motor vehicle accident, it is important to contact an experienced pedestrian accident attorney. An attorney can help you understand your legal rights and options, and they can fight to protect your interests.

An experienced attorney will also know how insurance companies try to use pedestrian laws against injured pedestrians. For example, an insurance company may try to argue that the pedestrian was partially or fully at fault for the accident, even if the driver violated a pedestrian law.

Contact Johnson Law Today

If you have been injured as a pedestrian in a motor vehicle accident, contact Johnson Law today for a free consultation. We will fight to protect your rights and interests, and we will help you get the compensation you deserve.

Call now: (971) 205-3266

Oregon Pedestrian Laws Explained

Many laws could be considered under the label "Oregon Pedestrian Laws". The following are some that we think are most important to learn for most people.

Crosswalk Legal Definition

Oregon Revised Statute 801.220 gives the legal definition of a crosswalk in Oregon.

ORS 801.220

As of November 2023 ORS 801.220 reads as follows:

“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 801.220

ORS 801.220 Explained

Any law can be difficult to understand. If you have questions about a specific law you should consult directly with an attorney. Here are some key points to explain ORS 801.220:

Every intersection in Oregon is a crosswalk. Crosswalks may be closed and will have clear signage indicating if it is closed. If there are marked crosswalks, pedestrians must use those crosswalks to cross the road.

Crosswalks even when unmarked takeup specific locations. The locations are specific to the details of the intersection. In general they are located where sidewalks or road shoulders would have continued through the intersection. If no sidewalk or shoulder is present the crosswalk takes up the space where the shoulder or sidewalk would have been.

To better understand where an unmarked crosswalk is refer to ODOT's technical bulletin on unmarked crosswalks.

Appropriate Responses To Traffic Control Devices

Oregon Revised Statute 814.010 defines the appropriate way to respond to traffic control devices.

ORS 814.010

As of November 2023 ORS 814.010 reads as follows:

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 814.010

ORS 814.010 Explained

Any law can be difficult to understand. If you have questions about a specific law you should consult directly with an attorney. Here are some key points to explain ORS 801.220:

Pedestrians must follow traffic control devices, such as traffic lights and pedestrian signals. Here are the rules for responding to specific traffic control devices:

• Green light: Pedestrians may cross the street in any marked or unmarked crosswalk, unless prohibited by other traffic control devices.
• Green arrow signal light: Pedestrians may cross the street in any marked or unmarked crosswalk, unless prohibited by other traffic control devices.
• Steady yellow light: Pedestrians should not enter the roadway, unless otherwise directed by a pedestrian control signal.
• Steady red light: Pedestrians should not enter the roadway, unless otherwise directed by a pedestrian control signal.
• Pedestrian control signal:
  • "Walk" or other approved symbol: Pedestrians may cross the street in the direction of the signal.
  • "Wait" or "Don't Walk" or other approved symbol: Pedestrians should not start to cross the street. If they are already crossing, they should proceed with dispatch to a sidewalk or safety island.

These rules apply to all pedestrian traffic control devices, regardless of whether they are located at an intersection or elsewhere.

Failure to Stop and Remain Stopped for Pedestrian

Oregon Revised Statute 811.028 details the penalty for failing to stop and remain stopped for a pedestrian.

ORS 811.028

As of November 2023 ORS 811.028 reads as follows:

(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]

ORS 811.028

ORS 811.028 Explained

Any law can be difficult to understand. If you have questions about a specific law you should consult directly with an attorney. Here are some key points to explain ORS 811.028:

This is one of the most important laws to know as a driver. This statute describes when a driver has failed to stop and remain stopped for a pedestrian. Many drivers break this statute every day. It is a common misconception that you can continue driving through once a pedestrian has left your lane of traffic.

The law clearly states that under normal circumstances you must wait until pedestrians have cleared lanes adjacent to the lane in which you are traveling or turning into. Additionally, with respect to this law, sections such as bike lanes and parking spaces are considered to be part of a lane of travel. Many drivers, and perhaps even most, simply wait for a pedestrian to clear their lane of travel before continuing.

Failure to Obey Traffic Control Device

Oregon Revised Statute 814.020 details the penalty for failing to obey traffic control devices.

ORS 814.020

As of November 2023 ORS 814.020 reads as follows:

(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 814.020 Explained

ORS 811.020 is a statute covering the offense of a pedestrian's failure to obey traffic control devices. An interesting and important note is that there is an exemption to the requirements of this statute when a pedestrian is following the directions of a police officer.

The violation is classified as a Class D traffic violation. You can see how a class D violation is defined in Oregon law here. Although not specifically called "jaywalking", this is part of what could be thought of as "Oregon's Jaywalking Law". Jaywalking occurs when a pedestrian walks in or crosses a roadway that has traffic, other than at a suitable crossing point, or otherwise in disregard of traffic rules.

A Pedestrian Accident Attorney Can Help

If you have been injured as a pedestrian in a motor vehicle accident, it is important to contact an experienced pedestrian accident attorney. An attorney can help you understand your legal rights and options, and they can fight to protect your interests. Call for a free consultation where we will review your case.