Pedestrian Safety

Crosswalks - Pedestrians and Vehicles Obligation to both use Due Care

MYTH: “As a pedestrian, I always have the right of way over motor vehicles."

The above video and Oregon Revised Statute states that pedestrians, in addition to drivers of vehicles, both have the responsibility to exercise "Due Care" when crossing or driving through an intersection. Pedestrians and drivers who don't use due care can be issued a citation if one or the other does not use "Due Care" when crossing the road. You will see in the statute that after a pedestrian uses due care in assessing traffic and determines that it is safe to use the crosswalk, they must make an active motion of stepping onto the roadway (crosswalk). At the same time, they must continue to use due care. According to the statute, a driver is not obligated to stop if there is no active effort by the pedestrian to demonstrate they will be entering the roadway. Please review the following for information related to crosswalk laws.

ORS 811.005 – Duty to Exercise Due Care requires pedestrians to exercise care when entering onto a roadway.

Jogger in Crosswalk

Excerpt from the video: A pedestrian can't just walk out in front of a vehicle approaching without some notice. All too often, we see this with people out exercising. Joggers approach a corner or crosswalk and continue to run across the street as vehicles approach. Although runners don't like to interrupt their workouts, it's important to note; vehicles most likely can't stop in time when the runner suddenly appears in front of them. It's much safer for a pedestrian to stop in an attempt to ensure the motorist can visually see you.

Crosswalk https://www.dailycamera.com/2019/09/15/community-questions-bike-safety-for-children-following-crash-in-north-boulder/

Bicyclist also have an obligation to use “Due Care” and follow the rules of the road when riding their bicycles on State Highways and/or Public Streets.  Bicycles, skateboards and scooters are prohibited by Carlton City Ordinance to ridden on the sidewalks along Main Street between Pine St. and Yamhill Street.  The primary purpose that these activities are prohibited on the sidewalk downtown is to prevent injury to individuals coming out of businesses and unsuspectingly colliding into them.   

Let's all do our part to help keep our community safe! Please contact the Carlton Police Department at 503-852-3805 and/or [email protected] if you have any additional questions. 

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