Driver Errors in Oregon Traffic Crashes
811.111 Violating A Speed Limit
A posted speed limit is the maximum speed at which you may travel. The basic rule can be applied if a police officer feels that adverse road conditions make the speed limit dangerous and thus, a violation of the basic rule. Technically, traveling 26 mph in a 25 mph zone is a violation of the speed limit law, however, there is a reasonable buffer with police officers. This reasonable "buffer" varies from area to area for a variety of reasons. Because of the inconsistency in enforcing the law, many people believe that they can travel 7-10 miles per hour above the posted speed without the threat of enforcement. While this may be true due to lack of police available to focus on traffic laws, it doesn't mean it is legal OR safe. Police agencies with dedicated traffic units have officers specifically responsible for traffic safety in the community. These officers have a much lower tolerance for speed as they are the ones on the front lines at traffic crashes and investigate injuries and fatalities that happen. The fact remains that the speed at which you impact an object or another car is what decides whether or not you can survive. The human body has limitations as to how much force it can withstand. Excessive speed is the # 1 factor in Oregon traffic deaths.
ORS 811.260
Covers "Appropriate driver responses to traffic control devices" describes in detail the required driver behavior for various types of traffic control devices such as: Green Signals, Green Arrows, Steady Circular yellow signals, Flashing yellow signals, Stop signs, Yield signs etc. Photo Red Light Cameras are considered by some as "Big Brother". However, the reality is that they help prevent severe cross traffic collisions. The types of intersection crashes from red light violators are often "T-Bone" crashes as mentioned earlier in this session. These are typically very serious crashes.Some have protested the use of the cameras because they are shown in some instances to increase rear-end collisions. This generally occurs during the period immediately following installation and often lessens over time.Note: Rear-End crashes are much less severe than T-Bone or Head-On crashes. If tailgating and distracted driving weren't already unmitigated issues, rear-end collisions would be less frequent.
811.108 Relationship Between Speed Limits and Basic Rule
(1) The speed limits established by ORS 811 .111 do not authorize speeds higher than those required for compliance with the basic speed rule.(2) The basic speed rule does not authorize speeds higher than those established as speed limits by ORS 811.111.
811.265 Failure To Obey Traffic Control Device; Penalty
(1) A person commits the offense of driver failure to obey traffic control device if the person drives a vehicle and the person does any of the following:(a) Fails to obey the directions of any traffic control device.(b) Fails to obey any specific traffic control device described in ORS 811.260 in the manner required by that section. This covers stop signs, traffic signals and roadway paint designed and used as a traffic control device.
811.350 Dangerous Left Turn
(1) A person commits the offense of making a dangerous left turn if the person:(a) Is operating a vehicle;(b) Intends to turn the vehicle to the left within an intersection or into an alley, private road, driveway or place from a highway; and (c) Does not yield the right of way to a vehicle approaching from the opposite direction that is within the intersection or so close as to constitute an immediate hazard.(2) The offense described in this section, dangerous left turn, is a Class B traffic violation.
811.285 Failure of Merging Driver To Yield Right of Way; Penalty
Failure of merging driver to yield right of way; penalty. (1) A person commits the offense of failure of a merging driver to yield the right of way if the person is operating a vehicle that is entering a freeway or other arterial highway where an acceleration or merging lane is provided for the operator's use and the operator does not look out for and give right of way to vehicles on the freeway or other arterial highways. Right-of-way offenses are one of the biggest causes of crashes. This statute addresses one of many laws that describe "Right-of-way' offenses. These include right-of-way issues at 4-way stops signs, making right-hand turns before it is safe to do so from a driveway, alley, shopping mall parking lot, etc. T-Bone crashes are a very serious crash type, primarily due to the fact that there is only a metal door and some window glass between you and a two-ton vehicle. The human body was not designed to take that kind of force. Many drivers are in a hurry and violate numerous laws designed to enhance traffic flow and reduce congestion and crashes. Slow down and look twice before making that turn; it could save your life!
811.370 Failure To Drive Within Lane; Penalty
Failure to drive within the lane; penalty. (1) A person commits the offense of failure to drive within a lane if the person is operating a vehicle upon a roadway that is divided into two or more clearly marked lanes for traffic and the driver does not: (a) Operate the vehicle as nearly as practicable entirely within a single lane, and (b) Refrain from moving from that lane until the driver has first made certain that the movement can be made with safety. Always keeping your vehicle within its lane of travel is critical for a number of reasons: Bicycle and pedestrian traffic can be on or very near the travel lane of most roadways. A vehicle versus a bicyclist or pedestrian is very likely to be fatal at collision speeds of 40 mph or greater. Additionally, leaving your lane and crashing head-on or leaving the roadway and striking a fixed object are the most deadly traffic crash events that can occur. Leaving the road and hitting a fixed object is the most prevalent fatal crash type.
Traffic laws that are violated and have the highest incidence of traffic crashes, injury, and death on Oregon roads.811.485 Following Too Closely; Penalty
Following too closely; penalty. (1) A person commits the offense of following too closely if the person does any of the following:Drives a motor vehicle so as to follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicles and the traffic upon, and condition of, the highway. The average perception/reaction time for most people is 1.5 seconds. New technology allows law-enforcement to measure both the time and distance between your vehicle and the vehicle in front of you. If the following time is less than 1 .5 seconds, you will likely receive a citation for following too closely. It is not used in areas with heavy traffic or during normal rush hour periods as drivers are challenged to maintain a safe following distance in these areas during these times. This technology is called distance between cars (DBC) and is part of the laser technology laser that most Oregon police agencies use today. This scientific evidence is upheld in a court of law. Observe the following distance rule.
811.100 Violation of Basic Speed Rule; Penalty
Violation of basic speed rule; penalty. (1) A person commits the offense of violating the basic speed rule if the person drives a vehicle upon a highway at a speed greater than is reasonable and prudent, having due regard to: traffic; surface and width of the highway; hazards at intersections; weather; visibility; any other conditions then existing. Contrary to popular belief, a driver may not exceed the posted speed limit to pass a driver who is traveling at the speed limit (even though it may be slower than you want to drive). It is a common misconception that the VBR law in Oregon allows drivers to travel above what is posted on the highway sign if the "conditions" warrant it. Oregon law enforcement has focused on drivers that are traveling in excess of 10 miles per hour above the posted speed. In Oregon, the law enforcement-to-population ratio is much lower than the national average. There simply aren't enough police to adequately enforce traffic laws. This leads to the misconception that it is "ok" to travel above the posted speed because "everyone else is doing it". Under ORS 811.108, it is clear that the VBR law does not allow drivers to travel faster than what the speed limit law would allow.Example: A very icy, snowy highway with a posted speed of 55 mph. Although the speed limit appears to allow a 55 mph speed, the VBR law makes traveling at that speed in those conditions dangerous and not reasonable. Traveling at the posted speed when you should be traveling much slower based on the conditions is a Class B violation (Currently, a $265 Fine). See 811.108 below.
