Over the years there have been a number of accidents involving pedestrians and cars in Oregon. When this happens, the question of who was in the right will be asked. It must be determined under what circumstances does a pedestrian have the right way in Oregon. When driver does not exercise good judgment, Berkshire & Ginsberg law firm can help protect the rights of those involved.

Oregon Pedestrian Right-Of-Way Laws

In the state of Oregon, every intersection is considered a pedestrian crosswalk. This is the case if the intersection is marked, not marked or controlled by a traffic device. Some drivers believe if a pedestrian is walking in an intersection with no traffic devices the driver has the right of way. This is not correct as stated in Oregon Statute 811.010.

Jaywalking

Should a pedestrian cross a road at any part other than at a marked crosswalk or intersection, they do not have the right of way. In this situation, it is the pedestrian who has to yield to any vehicle using the roadway. Some pedestrians believe they have the right of way in any circumstances, and this is not true. Oregon statute 814.030 favors the driver in these types of circumstances.

Traffic Direction

In any situation where a member of a traffic control division is providing driving instructions, they shall determine who has the right of way. This goes for both vehicles and pedestrians. Should a driver or pedestrian not follow the instructions of a person from traffic control, they could face some serious penalties.

Wait Or Don’t Walk

When a pedestrian is facing a sign that says Wait or Don’t Walk, they don’t have the right of way. It is a bit of a challenge to determine who is in the right when a pedestrian is in the middle of a crosswalk and the light changes into Wait or Don’t walk. Under these circumstances, the pedestrian is responsible for moving as quickly as possible to a place of safety. This could be a footpath, traffic island or returning to where they started.

Turning At Traffic Signals

When a driver is turning at a traffic signal, they must stop and remain stopped for all pedestrians. The driver cannot move until the pedestrian is out of the vehicle’s lane, and a minimum of six feet into the next lane. A car can not move into any intersection until a pedestrian using a white cane or guide dog has finished crossing the road.