One moment you are stepping into a crosswalk on your way to work, and the next you are on the pavement with a car stopped a few feet away. On foot you have almost no protection, so even a low-speed hit can mean broken bones, a head injury or time away from your job. In the shock that follows, it is hard to know what you can claim or where to start. Knowing the protections Oregon law gives an injured pedestrian is the place to begin.
Your right-of-way in an Oregon crosswalk
When you cross at an intersection, you usually have the right of way, even where the road has no painted lines. Under Oregon’s driving laws, a driver generally must stop and stay stopped once you step into their lane of travel or the lane immediately adjacent to it.
That right of way is not absolute, though. Pedestrians must still exercise reasonable care, which means avoiding a sudden entry into traffic when an approaching driver has no reasonable chance to stop. Responsibility often turns on whether the driver was speeding, distracted or failed to yield before the collision.
Recovery when you share part of the blame
Crossing outside the lines or stepping off the curb too soon does not automatically eliminate your claim. Under Oregon’s modified comparative negligence rule, you may recover compensation if your share of fault is not greater than the combined fault of the other responsible parties. If a court assigns you 20% of the blame, your compensation decreases by 20% rather than disappearing entirely. Recovery ends only when your fault reaches 51%.
Insurance that pays your medical bills
The next concern is usually the hospital bill, and several insurance sources may apply. Personal injury protection (PIP) connected to the vehicle that struck you may cover medical expenses and part of qualifying wage loss, regardless of who caused the crash.
Liability coverage from the at-fault driver may address losses that PIP does not fully cover. If the driver had no insurance or insufficient limits, injuries suffered while on foot may also trigger uninsured or underinsured motorist coverage under an applicable policy.
The deadline to act on your claim
Time works against you from the day of the crash. In Oregon, you generally have two years from the injury date to file a lawsuit, and missing that deadline can defeat an otherwise valid claim. Some cases move faster. If a government vehicle caused the crash, for example, you may need to provide formal notice within 180 days. Evidence also weakens with time because skid marks disappear, video may be erased and witnesses may forget important details.
Your next step after a crosswalk injury
If you do one thing after reading this, let it be this: before you accept any offer from an insurer, have the facts of your crash reviewed by an Oregon personal injury attorney while the deadline is still open. An early offer often arrives before anyone knows the full cost of your injuries, and once you sign, you generally cannot ask for more. A short talk about what your claim is worth can keep you from settling for far less than you need.