We often see an unfortunate pecking order in getting to and from in Oregon- cars over bikes and bicycles over pedestrian or those who walk. The reality is cars, bikes, and walkers have equal legal liabilities to each other but it depends upon where each of those are.

In Oregon, pedestrians on public sidewalks have the right of way and bikes must ring a bell or other noise maker when they pass walkers.

Who has the right of way between bikes and cars in Oregon? The traffic code limits bikes to go “no greater than a walking speed” when driving in front of driveways, cross walks, and entry ways.

Bikers also must (under Oregon law) yield to walkers who try to cross the road in a crosswalk whether marked or unmarked.

With these laws in mind a pedestrian can recover money damages from a driver but getting the money in your pocket may be difficult as many bikers don’t carry bike insurance if they injure someone. As always its best to go over your case with an injury lawyer in order to figure out where you go after being injured.

If you are an Oregon pedestrian and are struck by a car, truck, or bus like Tri Met or C Tran you likely have suffered a serious soft tissue injury or may be facing broken or fractured arms or legs. A pedestrian could be either running, walking or just standing there on the street or corner.

In Portland Oregon one-third of all traffic fatalities involve pedestrians. Throughout the state of Oregon some 11 pedestrians die and more than three hundred are injured after being struck while in a crosswalk according to the Oregon State Transportation Safety Division.

The Oregon State Senate just passed a bill on April 20, 2007 that requires Oregon drivers to stop for walkers who signal from the curb. Lets hope the house passes it and Governor Kulongowski who is a lawyer signs off, as I think he will. This has long been the law in progressive areas like Toronto Canada.

The purpose behind the bill which empowers pedestrians against cars according to Senator Ginny Burdick is to reduce the dangerous guesswork that often marks communication going between people on the street and car drivers.

Current Oregon state law on the pedestrian car relationship provides that drivers must stop and stay stopped if a pedestrian is in the crosswalk. Car drivers under current state law in Oregon don’t have to stop if the pedestrian is not in the crosswalk. I will keep you posted on development.

The new school zone law which was passed by the Oregon State Legislature (July 2006) makes the speed limit 20 mph or less in school zones in any of the following situations (1) Anytime a yellow light on a school speed sign is flashing (2) Between 7 a.m. and 5 p.m. on school days and (3) Crosswalks near school grounds when children are present.

Under the Oregon school zone safety law “children are present” means when school kids are in the crosswalk, waiting on the curb or roadway shoulder at a crosswalk or when a crossing guard is present. Slowing done in a school zone is common sense but the law is much needed and at fault drivers will now face a ticket that could cost as much as $679.00 in addition to facing a much stronger civil injury claim against them.

If your Portland Public School or other Oregon School District age child suffered an injury by a car at or near their school call for a free injury case evaluation so that your child’s rights can at least be protected.