Q: I was hit by a car as a pedestrian six months ago and haven't contacted a lawyer yet — is it too late?

Not necessarily, but you need to act immediately. Oregon's statute of limitations for pedestrian personal injury claims is two years from the date of the crash, so if you are within two years you still have time to file a lawsuit. However, if a government vehicle or dangerous government-maintained intersection contributed to your crash, the Oregon Tort Claims Act requires formal written notice within 180 days of the injury — a deadline that may have already passed. Even within the two-year window, waiting creates real risks: witnesses forget details, surveillance footage is overwritten, skid marks fade, and evidence disappears. Contact Kaplan Law immediately for a free consultation to evaluate where your deadlines stand.

Q: Can I recover if I was jaywalking when I was hit by a car in Oregon?

Yes, as long as you were less than 50% at fault. Oregon's modified comparative fault rule allows recovery even when the pedestrian shared some responsibility, as long as their percentage of fault does not reach 50%. Whether jaywalking makes you 50% or more at fault depends on the specific circumstances, including the driver's speed, their ability to see you, and whether they had time to stop or avoid the collision. This is a fact-intensive question evaluated case by case.

Q: The insurance company says I'm 30% at fault for the pedestrian accident — can I still recover anything?

Yes. Under Oregon's modified comparative fault rule (ORS 31.600), you can recover as long as your fault is no more than 50%. If the insurance company assigns you 30% fault and the total value of your damages is $200,000, you recover $140,000 — 70% of the full amount. Insurance companies routinely assign comparative fault to pedestrians to reduce what they owe, often without factual justification. Common tactics include arguing the pedestrian was not in a crosswalk, was distracted by their phone, or crossed against a signal. An experienced pedestrian accident attorney evaluates these assignments critically and challenges fault percentages that are not supported by the evidence. A 30% fault assignment by an insurer is a starting position, not a final answer.

Q: What if the driver who hit me fled the scene and I cannot identify them?

Hit-and-run pedestrian crashes are covered under Oregon's uninsured motorist provisions. If you have an Oregon auto insurance policy or live with a family member who does, your UM coverage applies when the at-fault driver cannot be identified. A police report documenting the hit-and-run is typically required. Matthew Kaplan strongly recommends all Oregonians, including pedestrians and cyclists, carry personal auto insurance for exactly this reason.

Question 1

Does my auto insurance cover me as a pedestrian if I am hit by a car in Oregon?

Accepted Answer

Yes. Oregon law treats pedestrians hit by motor vehicles the same as vehicle occupants for insurance purposes. If you have an Oregon auto insurance policy, or live with a family member who does, PIP coverage applies to your pedestrian injuries regardless of fault. Your UM/UIM coverage also applies if the driver was uninsured or underinsured. Most injured pedestrians do not realize their own auto insurance is available to them even though they were on foot.

Question 2

Is the driver always at fault when they hit a pedestrian in Oregon?

Accepted Answer

Not automatically, but drivers bear the burden of proof in most situations. Oregon law requires drivers to yield to pedestrians in crosswalks — both marked and unmarked — and to exercise due care for pedestrian safety at all times. When a driver fails to yield, is speeding, is distracted, or is impaired, fault is clear. However, pedestrian conduct can be relevant: crossing outside a crosswalk, ignoring a walk signal, or stepping into traffic without warning can result in comparative fault being assigned to the pedestrian. Under Oregon&#x27;s modified comparative fault rule, a pedestrian can still recover as long as their fault is no more than 50%. In practice, drivers are found at fault in the majority of serious pedestrian crashes because they have far greater ability to control speed and avoid a collision than a pedestrian on foot.

Question 3

Can a government entity be liable if a dangerous intersection contributed to my pedestrian injury?

Accepted Answer

Yes. When dangerous intersection design, inadequate crosswalk markings, malfunctioning signals, or poor lighting contributed to a pedestrian crash, the government entity responsible for that infrastructure may bear liability alongside the driver. Claims against government entities are subject to the Oregon Tort Claims Act, requiring written notice within 180 days of the injury for personal injury claims and one year for wrongful death.

Question 4

I was hit by a car as a pedestrian six months ago and haven&#x27;t contacted a lawyer yet — is it too late?

Accepted Answer

Not necessarily, but you need to act immediately. Oregon&#x27;s statute of limitations for pedestrian personal injury claims is two years from the date of the crash, so if you are within two years you still have time to file a lawsuit. However, if a government vehicle or dangerous government-maintained intersection contributed to your crash, the Oregon Tort Claims Act requires formal written notice within 180 days of the injury — a deadline that may have already passed. Even within the two-year window, waiting creates real risks: witnesses forget details, surveillance footage is overwritten, skid marks fade, and evidence disappears. Contact Kaplan Law immediately for a free consultation to evaluate where your deadlines stand.

Question 5

I was not in a crosswalk when I was hit — does that mean I cannot sue the driver in Oregon?

Accepted Answer

Not necessarily. Oregon law treats every intersection as a crosswalk regardless of whether it is painted or marked — unless a crosswalk closed sign has been posted. Under ORS 814.010, if there is a stop sign or traffic signal at an intersection, a legal crosswalk exists there even without painted markings. This means you may have been in a legal crosswalk even if you did not realize it. Even if you were crossing mid-block outside any crosswalk, you can still recover under Oregon&#x27;s modified comparative fault rule as long as your fault is no more than 50%. Crossing mid-block may result in some comparative fault being assigned to you, but it does not automatically bar your claim. Whether the location of the crossing affects your recovery depends on the specific facts, the driver&#x27;s speed, visibility conditions, and other circumstances.

Question 6

A driver says they had the right of way because I was still crossing when they started moving — is that correct in Oregon?

Accepted Answer

No. Oregon law requires a driver to stop and remain stopped for a pedestrian in a crosswalk until the pedestrian has fully cleared the driver&#x27;s lane and has moved at least six feet into the next lane. A driver cannot legally begin moving just because you have stepped off the curb, crossed their lane, or even reached the centerline. The six-foot rule under Oregon&#x27;s pedestrian right-of-way statutes means the pedestrian&#x27;s protected zone extends well into the crossing. A driver who begins moving before you have cleared six feet into the next lane has violated Oregon traffic law, and that violation is powerful evidence of negligence in a civil case. This is one of the most commonly misunderstood pedestrian traffic rules in Oregon.

Question 7

Can I recover if I was jaywalking when I was hit by a car in Oregon?

Accepted Answer

Yes, as long as you were less than 50% at fault. Oregon&#x27;s modified comparative fault rule allows recovery even when the pedestrian shared some responsibility, as long as their percentage of fault does not reach 50%. Whether jaywalking makes you 50% or more at fault depends on the specific circumstances, including the driver&#x27;s speed, their ability to see you, and whether they had time to stop or avoid the collision. This is a fact-intensive question evaluated case by case.

Question 8

What should I do at the scene if I am hit by a car as a pedestrian?

Accepted Answer

Call 911. Do not refuse medical attention even if you feel you can walk away; shock and adrenaline frequently mask serious injuries. Get the driver&#x27;s name, license, insurance information, and license plate number. Ask witnesses for their contact information. Photograph the scene, the vehicle, the crosswalk or road conditions, and your injuries. Do not give a statement to the driver&#x27;s insurance company without an attorney.

Question 9

The insurance company says I&#x27;m 30% at fault for the pedestrian accident — can I still recover anything?

Accepted Answer

Yes. Under Oregon&#x27;s modified comparative fault rule (ORS 31.600), you can recover as long as your fault is no more than 50%. If the insurance company assigns you 30% fault and the total value of your damages is $200,000, you recover $140,000 — 70% of the full amount. Insurance companies routinely assign comparative fault to pedestrians to reduce what they owe, often without factual justification. Common tactics include arguing the pedestrian was not in a crosswalk, was distracted by their phone, or crossed against a signal. An experienced pedestrian accident attorney evaluates these assignments critically and challenges fault percentages that are not supported by the evidence. A 30% fault assignment by an insurer is a starting position, not a final answer.

Question 10

What if the driver who hit me fled the scene and I cannot identify them?

Accepted Answer

Hit-and-run pedestrian crashes are covered under Oregon&#x27;s uninsured motorist provisions. If you have an Oregon auto insurance policy or live with a family member who does, your UM coverage applies when the at-fault driver cannot be identified. A police report documenting the hit-and-run is typically required. Matthew Kaplan strongly recommends all Oregonians, including pedestrians and cyclists, carry personal auto insurance for exactly this reason.

Pedestrian Accidents FAQs

Does my auto insurance cover me as a pedestrian if I am hit by a car in Oregon?

Is the driver always at fault when they hit a pedestrian in Oregon?

Can a government entity be liable if a dangerous intersection contributed to my pedestrian injury?

I was hit by a car as a pedestrian six months ago and haven't contacted a lawyer yet — is it too late?

I was not in a crosswalk when I was hit — does that mean I cannot sue the driver in Oregon?

A driver says they had the right of way because I was still crossing when they started moving — is that correct in Oregon?

Can I recover if I was jaywalking when I was hit by a car in Oregon?

What should I do at the scene if I am hit by a car as a pedestrian?

The insurance company says I'm 30% at fault for the pedestrian accident — can I still recover anything?

What if the driver who hit me fled the scene and I cannot identify them?

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