No, jaywalking is not legal in Oregon, and the pedestrian doesn’t always have the right of way either. There are state and local laws that specifically prohibit people from disobeying traffic signals and that tell pedestrians to yield when crossing the street outside of designated crosswalks.
Despite these laws, many people throughout Oregon jaywalk. This often occurs without incident since people use their discretion regarding road conditions and oncoming traffic. However, pedestrian accidents can still happen whether someone is jaywalking or not. It’s also important to remember that laws on jaywalking could affect your ability to collect full compensation for serious injuries.
The following exploration of jaywalking and pedestrian laws in Oregon should help you stay safe when out and about. If you have any questions about filing a legal claim after a pedestrian accident, Portland-based personal injury attorney Rob Kline can provide additional answers.
What Is the Legal Definition of Jaywalking?
Jaywalking is not a legal term. It is commonly used to refer to a pedestrian crossing the street without using a designated crosswalk at an intersection. Jaywalking can also refer to a pedestrian suddenly moving into the path of a vehicle or failing to yield the right of way to traffic at any location other than a marked or unmarked crosswalk. Oregon Revised Statutes (ORS) § 814.020 prohibits pedestrians from disobeying traffic lights or walk signals. ORS § 814.010 provides a detailed breakdown of appropriate pedestrian responses to traffic lights and signals. ORS § 814.030 covers violations of bridge and railroad signals. ORS 814.040 addresses the obligation of pedestrians when entering or crossing the road.
Where Did the Word “Jaywalking” Come From?
The word “jaywalking” dates back to the early 1900s. According to a Wordplay article from Merriam-Webster, it’s derived from the phrase “jay driver,” which was used to describe someone who drives their car or carriage on the wrong side of the road. In both cases, “jay” refers to a rube, greenhorn, or country bumpkin.
Jaywalking eventually became more common while jay driving fell out of use. This may be attributable to the growing influence of the auto industry. As cars became the norm and pedestrian accidents occurred with regularity, automakers tried to paint pedestrian accident victims as foolish if they got hit by a car. This shifted the blame away from drivers and the dangers of certain vehicles.
The language we use when discussing jaywalking, collisions, accidents, and pedestrian injuries is of particular interest to lawyers and how they frame their arguments in court. Yet it should also be of interest to people outside of the legal profession given how the words we use all have their own baggage. Something to think about while you’re out for a walk.
Is There a Legal Definition for “Pedestrian”?
Yes. ORS § 801.385 defines a pedestrian as anyone who is afoot or confined in a wheelchair.
This broad definition of pedestrian essentially applies to anyone walking, jogging, and running as well as anyone who is skateboarding, rollerblading, or rollerskating.
When Do Pedestrians Have to Yield to Vehicles in Oregon?
ORS § 814.040 offers examples of failure to yield to vehicles.
Pedestrians in Oregon must yield to motorists whenever they cross the street outside of marked or unmarked crosswalks. Pedestrians also are prohibited from suddenly leaving the curb or other place of safety and moving into the path of a vehicle that is so close as to constitute an immediate hazard.
Does Oregon Have Special Laws for Pedestrians Who Are Blind or Otherwise Vision-Impared?
Yes. There are certain unique pedestrian rights for people who are vision impaired. Per ORS § 811.035, a vehicle must stop and remain stopped until the vision-impaired person has crossed the roadway, even if the vehicle has a greenlight or would otherwise have the right of way. (ORS § 814.110 offers relevant definitions of “blind” and related terminology.)
If the vision-impared person is not carrying a white cane or accompanied by a guide dog, ORS § 814.110(3) notes that these individuals are still granted the same rights and privileges as other pedestrians.
Are There Laws About Jaywalking on Highways in Oregon?
Yes. Pedestrian safety on highways is covered in ORS § 814.070. Generally, a pedestrian should stay on any usable sidewalk or shoulder, and remain as far as possible from the edge of the roadway.
There is a related statute in ORS § 814.060, which states that pedestrians should use designated tunnels or bridges/overhead crossings to traverse a dangerous roadway rather than crossing the road itself.
School Zones and Child/Student Right of Way
School zones present unique safety concerns given the presence of children. In addition to slower posted speed limits in school zones, there will typically be a crossing guard or traffic patrol member at major intersections near the school who will help children cross the street.
Per ORS § 811.015, drivers must yield the right of way to traffic patrol members and students, stopping as they enter the crosswalk and remaining stopped until they have finished crossing the street.
When drivers fail to abide by these school zone laws, it can cause serious injuries to children. If your child was seriously hurt by a reckless driver near their school, attorney Rob Kline can discuss filing a personal injury lawsuit to seek damages from the negligent motorist.
Is There a Legal Resource for Pedestrians in the State of Oregon?
Yes. Portland-based personal injury lawyer Rob Kline wrote the Oregon Pedestrian Law Guide, published by the Oregon Trial Lawyers Association as part of the OTLA Automobile Litigation Deskbook series. It’s a comprehensive look at many relevant laws concerning jaywalking and the rights of pedestrians throughout the state. Much of the information we’ve compiled here is covered in greater detail in the Oregon Pedestrian Law Guide.
We encourage you to download a free copy of the Oregon Pedestrian Law Guide and browse through it for your own reference.
Are There Facts or Statistics About Dangerous Conditions for Pedestrians?
Quite a few, though there are some particularly telling figures from the National Highway Traffic Safety Administration (NHTSA). According to pedestrian accident numbers from 2021, fatal accidents shared the following characteristics:
- Accidents Were More Common in Low Light Conditions – 76% of pedestrian deaths nationwide occurred when it was dark. Supporting these numbers, the NHTSA also found that 51% of all pedestrian fatalities typically occurred between 6:00pm and 11:59pm.
- Accidents Were More Common at Non-Intersections – The NHTSA found that pedestrian crash hot spots were not usually intersections. Instead, these dangerous areas were typically busy (more than 25,000 vehicles per day), had more than five lanes of traffic, and had speed limits of 30 mph or higher.
- Nearly a Quarter of Fatalities Were Hit-and-Runs – Nationwide, hit and run car accidents caused 23% of all pedestrian fatalities. The NHTSA notes that the percentage can vary greatly by region.
Do Pedestrian Jaywalking Laws Also Apply to Bicyclists in Oregon?
The answer is complicated since Oregon law treats bicyclists as pedestrians in some circumstances, as drivers of vehicles in other situations, and there are still more rules specific to the duties of a bicyclists.
For example, ORS § 814.410 prohibits a bicyclist from leaving the sidewalk or curb and winding up in the path of a vehicle that is so close as to constitute an immediate hazard, much like the pedestrian failure to yield laws mentioned earlier. ORS § 814.410 establishes safety measures for cyclists while sharing the sidewalk with pedestrians, and requires bicyclists to yield the right of way to pedestrians on sidewalks.
While driving on a public road, ORS § 814.410 states that bicyclists generally have the same rights and obligations as motorists.
If you need additional information about Oregon laws and how they may affect a bicycle accident claim, we can address your concerns and provide information during a free consultation.
Pedestrian Advocacy Groups in Oregon
These are some notable pedestrian advocacy groups in the state of Oregon where you can find more information.
Oregon Walks
Originally founded in 1991 as the Willamette Pedestrian Coalition, Oregon Walks is a statewide 501(c)(3) non-profit that advocates for safe, convenient, and attractive walking conditions to help communities connect, thrive, and remain sustainable.
Oregon Walks is moved by these abiding principles:
- Walking must be safe.
- Walking should get you there.
- Walking is transportation which builds better communities.
- Walkable communities require careful, inclusive design.
- Streets shared by pedestrians and others are the best streets.
- Everyone who leaves home is a pedestrian, whether in a wheelchair, stroller, on foot, or even getting to a motor vehicle or mass transit.
For more information, visit oregonwalks.org.
The Street Trust
The Street Trust is a Portland-based advocacy organization focused on multimodal transportation options that prioritize safety, accessibility, equity, and climate justice.
Their mission is to reduce dependence on single-passenger vehicle travel and to make streets safer for pedestrians, cyclists, and all people who share the road.
For more information, visit thestreettrust.org.
America Walks
In addition to the Oregon-based advocacy organizations, it’s worth mentioning America Walks. A national pedestrian advocacy association, America Walks is focused on creating communities that are more walkable and safer for people of all ages and abilities
For more information, visit americawalks.org.
If I Jaywalked and Got Hit by a Driver, Can I File a Personal Injury Lawsuit?
That depends on what happened during the pedestrian accident and what portion of fault the parties share in the accident.
Say you tried to cross a street outside of a designated crosswalk at night. While crossing the street, you were hit by a drunk driver or a driver who did not have their headlights on. There are multiple factors to consider about who is more responsible for the accident and what portion of the blame they share.
Oregon is a modified comparative negligence state, and ORS § 31.600 notes that contributory negligence is not a bar to recovering damages. However, a person is not eligible to recover compensation if a jury finds that they are more than 50% at fault for what happened.
Situations like this are why it’s so important to speak with a personal injury attorney who understands the nuances of Oregon civil law and pedestrian laws. An experienced lawyer like Rob Kline can give you an honest assessment of your accident during a free case evaluation.
Damages in a Pedestrian Accident Case
If you are injured in a pedestrian accident, you can seek compensation to cover the following losses:
- Medical Bills – Pedestrian accidents can cause catastrophic injuries that may require hospitalization, emergency care, and multiple medical treatments.
- Ongoing Health Expenses – Serious injuries from a pedestrian accident may require physical rehabilitation or the use of assistive devices (e.g., crutches, wheelchairs). Counseling and therapy could also be required to manage the traumatic experience and address the accident survivor’s mental health.
- Damage to Personal Property – You can seek compensation to repair or replace any belongings that were damaged or destroyed at the time of the pedestrian accident.
- Lost Wages – Many catastrophic injuries will require a leave of absence from work to recover. Compensation in a legal claim can help recover the wages you would have earned had the accident not occurred.
- Lost Future Earning Potential – If you sustained a long-term or permanent disability in a pedestrian accident, compensation can be sought to address your inability to continue previous job duties, a change of career, and potentially job retraining.
If a loved one is killed in a pedestrian accident, you can seek compensation in a wrongful death lawsuit. Damages in wrongful death claims can cover funeral expenses, the lack of your loved one’s companionship, and other losses associated with the absence of the loved one in your life.
What If I Have More Questions About Jaywalking and Pedestrian Accidents in Oregon?
We’ve only covered the basics on Oregon jaywalking laws and statutes relevant to pedestrian safety and the right of way. If you or a loved one got hit by a driver, you likely want more information about your rights and if you should file a lawsuit for damages. Attorney Rob Kline is ready to provide more information.
To discuss pedestrian safety and relevant information about accident lawsuits with an experienced personal injury lawyer near you, contact our law office in Portland, OR. You can also reach us by phone at (503) 482-6362.
