The following article is intended to inform the Oregon Personal Injury legal consumer about the basic Oregon Personal Injury law concept of liability.

Motor Vehicle and Pedestrian Duties

Auto v. Auto

A driver must not drive at a speed greater than is reasonable and prudent under the circumstances. Oregon’s Vehicle Code prescribes the duties of a driver: If a driver fails to comply with a statutory duty, the violation may be used to establish statutory negligence, or “negligence per se.” (Exceptions in some circumstances if conduct is ‘reasonable.’) Traffic Citations are not evidence of negligence. Seatbelt Defense: Failure of the claimant to wear a seatbelt mitigates damages up to 5%.

Auto v. Pedestrian

Vehicle drivers must yield to pedestrians if: A pedestrian is within a marked or unmarked crosswalk where there are no traffic control devices; or A pedestrian is traveling on a sidewalk; or A pedestrian is proceeding in accordance with pedestrian control signals or in accordance with any traffic control device. Pedestrians must yield to vehicles and may not: Suddenly leave a curb or other place of safety and move into the path of a vehicle that is so close as to constitute an immediate hazard; or cross a roadway at any point other than within a marked crosswalk or unmarked crosswalk at an intersection.

Auto v. Animal

The driver of a vehicle must: Yield to the right of way to livestock being driven on a highway; Use caution when approaching or passing a person riding, leading, or herding livestock; and Stop if a person riding or leading livestock upon a highway gives a distress signal. If requested, a driver must turn off the engine until the livestock is controlled. An owner may be liable for allowing livestock to run at large in a “closed range” area or within certain designated highways. An owner of livestock may not be liable for allowing livestock to run in “open range” areas.

Motorcycles and Bicycles

Bicyclists under the age of 16, motorcyclists, their passengers, and moped drivers must wear protective headgear. Failure of a bicyclist to wear a helmet is inadmissible to reduce damages or constitute a defense in an action for the bicyclist’s damages. Failure of a moped or motorcycle operator to wear a helmet may be used as evidence to reduce damages, because no statute provides otherwise.

Dog Bites

Oregon Law requires notice of the dog’s vicious propensity. Once the owner has notice, there is strict liability.