Can The Vehicle Driver Go to Jail for Hitting Pedestrian in Oregon

Below are some of the scenarios in which a driver may face jail time:

1. Reckless Driving

• Reckless driving is when a driver operates a vehicle with a willful disregard for the safety of others. If the driver’s reckless behavior causes a pedestrian accident, they could face criminal charges. Examples of reckless driving include:
  • Excessive speeding
  • Weaving through traffic
  • Running red lights or stop signs
• Reckless driving is considered a Class A misdemeanor in Oregon, which can result in up to 1 year in jail and fines of up to $6,250.

2. Driving Under the Influence (DUI)

• If a driver hits a pedestrian while under the influence of alcohol or drugs, they could face serious criminal charges. In Oregon, DUI (Driving Under the Influence) is a severe offense, and hitting a pedestrian while intoxicated significantly increases the penalties.
• Depending on the circumstances, the driver could face charges for:
  • Driving Under the Influence of Intoxicants (DUII): A DUII conviction can lead to jail time, hefty fines, and license suspension, even if the pedestrian’s injuries are not life-threatening.
  • Vehicular Assault or Manslaughter: If the pedestrian is seriously injured or killed, the driver could face felony charges, including vehicular assault or manslaughter, which carry longer prison sentences.

3. Hit-and-Run (Failure to Perform the Duties of a Driver)

• Oregon law requires drivers to stop, render aid, and exchange information if they are involved in an accident. If a driver hits a pedestrian and leaves the scene without fulfilling these duties, it’s considered a hit-and-run offense.
• Hit-and-run involving injuries to a pedestrian is classified as a Class C felony in Oregon. Penalties can include up to 5 years in prison and fines of up to $125,000.
• If the pedestrian is killed and the driver flees the scene, the driver may face even more severe charges, including manslaughter or criminally negligent homicide.

4. Manslaughter or Criminally Negligent Homicide

• If a pedestrian is killed as a result of the driver’s actions, the driver could be charged with manslaughter or criminally negligent homicide, depending on the level of negligence or recklessness involved.
• Manslaughter in Oregon can be either first or second degree:
  • First-degree manslaughter occurs when the driver acts recklessly and causes the death of a pedestrian. This is a Class A felony and can result in up to 20 years in prison and fines of up to $375,000.
  • Second-degree manslaughter is charged when the driver’s conduct was negligent but not necessarily reckless. This is a Class B felony and carries up to 10 years in prison and fines of up to $250,000.
• Criminally negligent homicide may apply when a driver acts with criminal negligence and causes a pedestrian’s death. This is a Class B felony with similar penalties.

5. Vehicular Assault

• If a driver hits a pedestrian with the intent to harm or due to extreme recklessness, they could be charged with vehicular assault. This can occur if the driver intentionally drives in a dangerous manner, such as engaging in road rage.
• Vehicular assault charges can lead to felony convictions, resulting in substantial prison time.

6. Distracted or Careless Driving

• If a driver is distracted (e.g., texting or using a cell phone) or driving carelessly and hits a pedestrian, they may face criminal penalties, especially if the accident causes significant injuries or death.
• Careless driving that results in injury to a vulnerable road user, such as a pedestrian, can lead to fines, license suspension, and jail time, depending on the severity of the injuries.