Pedestrian accidents in Oregon
A pedestrian hit by a car has no vehicle, no airbag and no crumple zone, so injuries tend to be serious. The claim is against the driver — but your own auto policy can matter even though you were on foot.
Right of way
Oregon’s vehicle code requires drivers to yield to pedestrians in marked and unmarked crosswalks at intersections. Drivers also owe pedestrians ordinary care everywhere else, including a pedestrian crossing mid-block.
Whose insurance pays
The driver’s liability insurance pays first. If the driver was uninsured, underinsured or fled, your own auto policy’s uninsured/underinsured motorist coverage usually covers you as a pedestrian too — even though you were not in your car.
Every Oregon policy includes personal injury protection paying at least $15,000 in medical expenses regardless of who caused the crash.
Fault
Under Oregon’s modified comparative fault rule, a driver found 30% at fault recovers 70% of their damages — but a driver found more than 50% at fault recovers nothing.
Crossing outside a crosswalk does not by itself defeat a claim; it becomes one factor in the fault split.
Source: Or. Rev. Stat. § 31.600
Deadlines
2 years (Or. Rev. Stat. § 12.110(1)). If a government vehicle or a road defect was involved, a much shorter clock applies. Notice of a claim against a public body must be given within 180 days of the injury.
Frequently asked questions
Does my car insurance cover me if I was hit while walking?
Often, yes. Uninsured/underinsured motorist coverage typically follows the policyholder, including as a pedestrian. Check your policy’s definitions.
Can I recover if I was jaywalking in Oregon?
Under Oregon’s modified comparative fault rule, a driver found 30% at fault recovers 70% of their damages — but a driver found more than 50% at fault recovers nothing.
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This page is general information about Oregon law, reviewed September 2026. It is not legal advice, laws change, and the right answer for your claim depends on its facts. CaseChecker.ai is not a law firm; it connects people with independent attorneys licensed in their state.