There is a common misconception that when a pedestrian crash occurs, the driver involved is always at fault. While this may make sense emotionally, the truth is that a driver is only found to be at fault for a pedestrian accident in Portland when the accident is a result of the driver’s negligence or breach of a traffic law. For example, if a driver hits a pedestrian because they fail to yield to a pedestrian rightfully in a crosswalk as a result of being distracted, they will be held liable. However, if the pedestrian causes the crash as a result of their own negligence (e.g. crossing when they do not have the right of way, stepping off the curb into the way of traffic, or walking while impaired or distracted into the path of a car), the pedestrian will be found liable. If a pedestrian is found to be fully at fault for a crash, they will be unable to file a viable claim for damages against the driver of the car.
In some cases, fault may be shared between the pedestrian and the driver. When this is the case, Oregon’s rules related to modified comparative fault apply. This law holds that a claimant can still recover compensation from the other party when their own fault contributes to an accident, but their recoverable damages amount will be reduced in proportion to their degree of fault. For example, if you are found to be 40 percent at fault for your damages, you can only file a claim against the other party to recover 60 percent of your damages.