Drivers are required to exercise reasonable care when operating motorized vehicles on the public roadways in Oregon. This includes maintaining control over their vehicles and keeping a lookout for pedestrians and others using the roads. Among the common causes of collisions between drivers and pedestrians are the following:
- Alcohol or drug use
- Speeding
- Failing to yield to pedestrians
- Inattentive driving
- Failing to use directional signals when turning
- Disregarding stop signs and traffic signals
The facts and circumstances existing at the time of an accident can be critical in determining whether a driver can be held liable for causing it. For example, a motorist lawfully operating at the posted speed limit might still be held liable if he or she was on a street passing a playground crowded with children.This is because a resourceful attorney would present evidence demonstrating that a reasonable driver would not have merely relied upon the posted speed limit, but would also have 1) observed that children were playing nearby; 2) recognize that this meant an increased risk of injury or death if the driver continued at his or her current speed; and 3) decrease the vehicle’s speed appropriately.