Pedestrian Accident Complaint - Oregon

PEDESTRIAN ACCIDENT COMPLAINT — OREGON

TABLE OF CONTENTS

1. Caption
2. Parties, Jurisdiction, and Venue
3. General Factual Allegations
4. First Claim for Relief — Negligence (Against Defendant Driver)
5. Second Claim for Relief — Negligence Per Se (Against Defendant Driver)
6. Third Claim for Relief — Negligent Entrustment / Vicarious Liability (Against Defendant Owner)
7. Comparative Fault Allegations
8. Damages
9. Prayer for Relief
10. Demand for Jury Trial
11. Reservation of Rights
12. Signature and Service Blocks
13. Oregon Practice Notes
14. Sources and References

1. CAPTION

IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF [COUNTY]

Case No. [____________]

COMPLAINT FOR DAMAGES (PEDESTRIAN COLLISION)

(Negligence; Negligence Per Se)

DEMAND FOR JURY TRIAL

Prayer Amount: $[____________]

Plaintiff alleges as follows:

2. PARTIES, JURISDICTION, AND VENUE

1. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is and at all material times was a resident of [COUNTY] County, Oregon, and was lawfully traveling on foot as a pedestrian on or along the public roadways of this State.

2. Defendant [DRIVER NAME] ("Driver Defendant") is, on information and belief, a resident of [COUNTY / STATE] and may be served with summons at [SERVICE ADDRESS] in accordance with ORCP 7.

3. Defendant [OWNER / EMPLOYER NAME] ("Owner Defendant") is [an individual / a corporation / a limited liability company] that, at all material times, owned, controlled, and/or maintained the vehicle operated by Driver Defendant and/or employed Driver Defendant. Owner Defendant may be served at [SERVICE ADDRESS / REGISTERED AGENT].

4. This action arises under Oregon tort law for personal injuries sustained when Plaintiff, a pedestrian, was struck by a motor vehicle in [COUNTY] County, Oregon, on [__/__/____].

5. This Court has subject-matter jurisdiction under ORS 14.030 and Article VII (Amended) of the Oregon Constitution.

6. Venue is proper in [COUNTY] County under ORS 14.080 because the cause of action arose in this county and/or one or more Defendants resides or may be found in this county.

3. GENERAL FACTUAL ALLEGATIONS

7. On [__/__/____] at approximately [TIME], Plaintiff was lawfully crossing/walking [within the marked crosswalk at / within the unmarked crosswalk at the intersection of / along the shoulder of / describe location] [ROADWAY] at or near its intersection with [CROSS STREET / LANDMARK], in [CITY], Oregon (the "Collision").

8. At the same time and place, Driver Defendant was operating a [YEAR / MAKE / MODEL] [passenger vehicle / pickup truck / SUV / commercial vehicle] owned by Owner Defendant, traveling [northbound / southbound / etc.] on [ROADWAY].

9. Traffic, lighting, and weather conditions were [describe — e.g., clear, dry, daylight; or dusk with the pedestrian "WALK" signal displayed], and Plaintiff was [wearing / not wearing] [describe visibility — e.g., light-colored clothing, reflective gear] and was plainly visible to a driver keeping a proper lookout.

10. Plaintiff was crossing within the crosswalk within the meaning of ORS 811.028(4), having moved into the crosswalk with the intent to proceed, [and/or proceeded with the pedestrian "WALK" signal / lawfully and with the right-of-way], and at all material times exercised due care for Plaintiff's own safety.

11. The Collision occurred when Driver Defendant [SELECT / DESCRIBE THE MANNER OF COLLISION — e.g., failed to stop and remain stopped for Plaintiff in the crosswalk and drove into Plaintiff; turned left or right across the crosswalk into Plaintiff's path; overtook and passed a vehicle stopped to permit Plaintiff to cross; drove faster than was reasonable and prudent and was unable to stop; was distracted and did not see Plaintiff until impact].

12. Although Plaintiff was plainly visible, Driver Defendant "looked but failed to see" Plaintiff, failed to keep a proper lookout, failed to stop and remain stopped as required, and/or failed to exercise due care to avoid colliding with Plaintiff.

13. As a direct and proximate result of the Collision, Plaintiff — wholly unprotected by any vehicle structure, restraint system, or crumple zone — was struck by the full force of Driver Defendant's vehicle and thrown to the pavement, sustaining severe, painful, and permanent bodily injuries, including but not limited to [LIST INJURIES — e.g., orthopedic fractures, traumatic brain injury, spinal injury, internal injuries, degloving / road rash, and disfiguring scarring].

14. Because a pedestrian has no protection whatsoever from the forces of a motor-vehicle impact, the Collision caused Plaintiff to suffer injuries materially more severe than those typically sustained by occupants of vehicles.

15. Plaintiff received emergency care at [HOSPITAL / EMS PROVIDER] and has since undergone [SURGERIES / HOSPITALIZATION / REHABILITATION / ONGOING TREATMENT], and will require future medical care.

16. Plaintiff timely complied with applicable insurance notice requirements and has pursued personal-injury-protection ("PIP") benefits to the extent available; any PIP benefits received will be accounted for as required by Oregon law.

17. All injuries and damages alleged were the foreseeable, natural, and probable consequence of Defendants' conduct.

4. FIRST CLAIM FOR RELIEF — NEGLIGENCE (Against Defendant Driver)

18. Plaintiff realleges and incorporates Paragraphs 1 through 17 as if fully set forth herein.

19. Driver Defendant owed Plaintiff a duty to exercise reasonable care in the operation of a motor vehicle, to obey the Oregon Vehicle Code, to keep a proper lookout for pedestrians lawfully using the roadway, to stop and remain stopped for a pedestrian crossing in a crosswalk, and to refrain from conduct endangering others.

20. Driver Defendant was negligent in one or more of the following particulars:

• Failing to keep a proper and careful lookout for Plaintiff, a plainly visible pedestrian;
• Failing to stop and remain stopped for Plaintiff while Plaintiff was crossing in the crosswalk, as required by ORS 811.028;
• Turning across the crosswalk or path of Plaintiff when it was unsafe to do so;
• Overtaking and passing a vehicle stopped to permit Plaintiff to cross (ORS 811.020);
• Operating the vehicle at a speed greater than was reasonable and prudent for the conditions (ORS 811.100);
• Driving while distracted or inattentive;
• Failing to exercise due care to avoid colliding with Plaintiff (ORS 811.005); and
• Failing to maintain proper control of the vehicle.

21. Each of the foregoing acts and omissions, separately and in combination, was a substantial factor in and a direct and proximate cause of the Collision and of Plaintiff's injuries and damages.

22. As a direct and proximate result, Plaintiff has sustained the damages described in Section 8 below.

5. SECOND CLAIM FOR RELIEF — NEGLIGENCE PER SE (Against Defendant Driver)

23. Plaintiff realleges and incorporates Paragraphs 1 through 22 as if fully set forth herein.

24. The Oregon Vehicle Code imposes specific statutory duties on Driver Defendant for the protection of persons lawfully using the roadway, including pedestrians such as Plaintiff. These include, as applicable to the manner of the Collision:

• ORS 811.028 — a driver commits the offense of failure to stop and remain stopped for a pedestrian when the driver does not stop and remain stopped for a pedestrian crossing the roadway in a marked or unmarked crosswalk until the pedestrian has cleared the lane in which the vehicle is traveling and the lane adjacent to it (with additional rules where the vehicle is turning);
• ORS 811.020 — a driver may not overtake and pass another vehicle stopped at a marked or unmarked crosswalk to permit a pedestrian to cross, and must yield to a pedestrian on a sidewalk;
• ORS 811.100 — a driver shall not drive at a speed greater than is reasonable and prudent for the conditions then existing (the basic speed rule);
• ORS 811.135 — careless driving (driving in a manner that endangers or would be likely to endanger any person or property), elevated to a Class A traffic violation when it contributes to an accident; and
• ORS 811.005 — the provisions of the vehicle code do not relieve the driver of the duty to exercise due care to avoid colliding with any pedestrian.

25. Plaintiff is within the class of persons the foregoing statutes were enacted to protect, and the Collision is the type of harm those statutes were designed to prevent.

26. Driver Defendant violated [CITE THE SPECIFIC SECTION(S) APPLICABLE], and was cited for [TRAFFIC CITATION, IF ANY]. Such violation constitutes negligence per se under Oregon law, and was a direct and proximate cause of Plaintiff's injuries and damages.

6. THIRD CLAIM FOR RELIEF — NEGLIGENT ENTRUSTMENT / VICARIOUS LIABILITY (Against Defendant Owner)

27. Plaintiff realleges and incorporates Paragraphs 1 through 26 as if fully set forth herein.

28. Owner Defendant entrusted the subject vehicle to Driver Defendant when Owner Defendant knew, or in the exercise of reasonable care should have known, that Driver Defendant was an incompetent, inexperienced, reckless, or otherwise unfit driver.

29. Alternatively, at the time of the Collision, Driver Defendant was operating the vehicle as the agent, servant, or employee of Owner Defendant and within the course and scope of that agency or employment, rendering Owner Defendant vicariously liable under the doctrine of respondeat superior.

30. Owner Defendant's negligent entrustment and/or vicarious liability was a direct and proximate cause of Plaintiff's injuries and damages.

7. COMPARATIVE FAULT ALLEGATIONS

31. Pursuant to ORS 31.600, Plaintiff's recovery shall be reduced by any percentage of fault attributable to Plaintiff and is barred only if Plaintiff's fault is greater than the combined fault of the persons properly compared under subsection (2).

32. Plaintiff expressly denies any fault. To the extent the trier of fact attributes any portion of fault to Plaintiff, such fault is not greater than the combined fault of Defendants and does not bar recovery.

8. DAMAGES

33. As a direct and proximate result of Defendants' conduct, Plaintiff has suffered and seeks recovery of the following, all of which are subject to proof at trial:

• Economic damages — past and future medical, ambulance, hospital, surgical, diagnostic, rehabilitative, and pharmaceutical expenses; future medical and life-care costs; past lost income; and impairment of future earning capacity, presently estimated at $[AMOUNT];
• Noneconomic damages — past and future physical pain, suffering, mental anguish, emotional distress, permanent physical impairment and disfigurement (including scarring), and loss of enjoyment of life, in an amount to be determined by the trier of fact, presently estimated at $[AMOUNT];
• Property damage — repair or replacement cost of clothing and personal effects, in the amount of $[AMOUNT]; and
• Pre-judgment and post-judgment interest at the statutory rate, costs, and disbursements as allowed by law (including ORCP 68).

34. Oregon currently imposes no statutory cap on noneconomic damages for ordinary motor-vehicle personal-injury claims; Plaintiff reserves the right to recover the full amount determined by the jury. Plaintiff pleads each category of damage separately and in the alternative.

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment against Defendants, jointly and/or severally as allowed by ORS 31.610, as follows:

• A. Economic damages in the amount of $[AMOUNT], or such other amount as is proven at trial;
• B. Noneconomic damages in the amount of $[AMOUNT], or such other amount as is determined by the trier of fact;
• C. Property damage in the amount of $[AMOUNT];
• D. Pre-judgment and post-judgment interest as allowed by law;
• E. Plaintiff's costs and disbursements incurred herein; and
• F. Such other and further relief as the Court deems just and equitable.

10. DEMAND FOR JURY TRIAL

Plaintiff demands a trial by jury on all issues so triable as a matter of right under Article I, section 17, and Article VII (Amended), section 3, of the Oregon Constitution and ORCP 56.

11. RESERVATION OF RIGHTS

Plaintiff reserves the right to amend this Complaint pursuant to ORCP 23 to add or substitute parties, to assert additional claims (including a claim for punitive damages under ORS 31.730 upon a prima facie showing, where the evidence supports reckless or malicious conduct such as impaired driving or hit-and-run), and to conform the pleadings to the evidence as discovery proceeds.

12. SIGNATURE AND SERVICE BLOCKS

DATED this [____] day of [MONTH], 20[____].

/s/ [________________________________]

[ATTORNEY NAME] (OSB No. [________])

[LAW FIRM NAME]

Attorney for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

13. OREGON PRACTICE NOTES

• Statute of limitations. Personal-injury actions must be commenced within two years of accrual. ORS 12.110(1). Wrongful-death actions carry a three-year period under ORS 30.020. Note that a tort claim against a public body (e.g., a city or transit district whose driver struck the pedestrian) requires notice within 180 days under the Oregon Tort Claims Act (ORS 30.275) — one of the shortest notice periods in the country; missing it bars the claim regardless of the two-year limitations period.
• MODIFIED COMPARATIVE FAULT — the central issue. Under ORS 31.600, claimant fault is compared with the persons specified in subsection (2), subject to that subsection's exclusions. Equal fault does not bar recovery; greater claimant fault does. Preserve crosswalk, signal, reconstruction, settlement, party, and third-party evidence needed to identify the comparison pool.
• DRIVER'S STOP-AND-REMAIN-STOPPED DUTY (ORS 811.028). This is a powerful pedestrian statute. A driver must stop and remain stopped for a pedestrian crossing in a marked OR unmarked crosswalk until the pedestrian has cleared the driver's lane and the adjacent lane (with detailed turning-lane rules). A pedestrian counts as "crossing in the crosswalk" once any part of the body, wheelchair, cane, crutch, or bicycle moves into the crosswalk with intent to proceed (ORS 811.028(4)) — the pedestrian need not be fully in the roadway. ORS 811.020 separately bars overtaking and passing a vehicle stopped for a crossing pedestrian and requires yielding to a pedestrian on a sidewalk.
• Pedestrian's duties. A pedestrian crossing other than at a crosswalk must yield to vehicles (ORS 814.040(1)(b)), and may not leave a curb into an immediate hazard (ORS 814.040(1)(a)); but ORS 811.005 confirms that neither party is relieved of the duty of due care. Do NOT confuse the motorcyclist/bicyclist helmet-evidence bar (ORS 30.115) with pedestrian cases — it is inapplicable here.
• Several liability for noneconomic damages. Under ORS 31.610, liability for noneconomic damages is generally several (not joint); plead and prove each defendant's proportionate share.
• PIP, UM/UIM, and hit-and-run. Oregon requires PIP on auto policies (ORS 742.520 et seq.); a pedestrian struck by an insured vehicle is generally entitled to PIP medical/wage benefits under the striking vehicle's policy. Insurers must offer UM/UIM coverage (ORS 742.502; 742.504); an injured pedestrian may recover under his or her own (or a resident relative's) UM/UIM coverage when struck by an uninsured, underinsured, or hit-and-run driver. Report any hit-and-run to police promptly and comply with consent-to-settle and subrogation procedures.
• Punitive damages. A claim for punitive damages may not be pleaded in the original complaint; it must be added by amendment on a prima facie evidentiary showing under ORS 31.725, and requires clear and convincing evidence of malicious or reckless-and-outrageous conduct (ORS 31.730).
• Arbitration. Many circuits require court-annexed arbitration for claims at or below a monetary threshold (ORS 36.400 et seq.); confirm the local threshold and plead the prayer amount accordingly.

14. SOURCES AND REFERENCES

• Oregon Revised Statutes (official) — https://www.oregonlegislature.gov/bills_laws/Pages/ORS.aspx
• ORS 12.110 (two-year limitations) — https://www.oregonlegislature.gov/bills_laws/ors/ors012.html
• ORS 31.600 (comparative fault), ORS 31.610 (several liability) — https://www.oregonlegislature.gov/bills_laws/ors/ors031.html
• ORS 811.028 (failure to stop and remain stopped for pedestrian), ORS 811.020 (passing stopped vehicle / yield to pedestrian on sidewalk), ORS 811.005 (due care), ORS 811.100, ORS 811.135 — https://www.oregonlegislature.gov/bills_laws/ors/ors811.html
• ORS 814.040 (pedestrian failure to yield to vehicle) — https://oregon.public.law/statutes/ors_814.040
• ORS 742.502, 742.504 (UM/UIM); ORS 742.520 et seq. (PIP) — https://www.oregonlegislature.gov/bills_laws/ors/ors742.html
• Oregon Rules of Civil Procedure (ORCP 7, 23, 56, 68)
• Oregon Uniform Civil Jury Instructions (Motor Vehicle; Pedestrian; Comparative Fault)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Oregon must review and customize this document before filing. Laws, citations, and court rules change frequently; verify all authorities before use.