Some people get confused when a well-marked crosswalk (sometimes called “zebra-stripped”) also has a traffic signal because they think that cars must stop for pedestrians in a crosswalk. However, when there is a cross walk AND a signal, a pedestrian must obey the signal. If not, he/she commits the offense of failure to yield (or jaywalking). The “red hand” or “walking man” controls the right of way despite the fact there is a well-marked crosswalk. The statute that sets out this law is ORS 814.010.
So, a pedestrian can only legally cross such intersections when the control signal indicates that it is ok to cross with the “walking man” signal or the word “walk.”
The general rule is that a driver has the duty to stop for a pedestrian when they are either a) proceeding in accordance with a traffic control device or b) walking across the vehicle’s lane or the lane adjacent to the vehicle’s lane. ORS 811.028 (1)(a)&(b).
Always bear in mind, however, that in all circumstances, both drivers and pedestrians have a duty to exercise due care when operating a vehicle or crossing the street. ORS 811.005
In a pedestrian v. car accident, the pedestrian is often seriously injured. In cases where the driver is at fault, the driver’s auto insurance will ultimately compensate the injury victim.
Your own Personal Injury Protection (PIP through your own auto insurance) still applies in this type of case, so use your own auto insurance to pay medical bills until you settle your claim with the at-fault driver’s insurance.
If you don’t have an auto insurance policy, then your health insurance will cover your medical bills. If you don’t have auto or health insurance, the at-fault driver’s PIP should cover your medical bills.
If you are interested in discussing whether you might have a pedestrian accident, call a Portland pedestrian accident attorney for help and a free consultation.