senft injury advocates practice areas: oregon bicycle accident lawyer

Oregon Bicycle Accident Lawyer

Bicycle Accident in Oregon? We Don’t Get Paid Unless You Win. Contact Senft Injury Advocates For Risk-Free Advocacy.

Free Case Evaluation Ring A Lawyer

Oregon Bicycle Accident Lawyer

Oregon is renowned for being a haven for cycling enthusiasts. The state hosts numerous cycling events each year, attracting riders from all backgrounds and skill levels. However, this popularity comes with its risks. According to the Oregon Department of Transportation, there were 454 bicycle accidents in 2021 alone, with 440 of these incidents resulting in injuries. These statistics underscore the importance of awareness and vigilance on the roads, reflecting a need for an expert attorney when accidents occur.

Why Choose Us?

At Senft Injury Advocates, we understand the unique challenges faced by cyclists in Oregon. With offices across the state, we offer expert legal advice customized to the specific laws of your area. Bicycle accidents can result in significant injuries due to the lack of physical protection, often leading to complex medical and legal issues. We are here to alleviate the stress during these difficult times and manage your legal proceedings so you can focus on recovery. Our contingency fee structure means that we only get paid if you win, ensuring our goals are aligned with yours—securing the compensation you deserve.

Steps After an Oregon Bicycle Accident

If you’ve been involved in a bicycle accident in Oregon, taking the right steps immediately afterward can significantly impact the outcome of any potential legal case.

Ring A Lawyer Free Case Evaluation

Health & Safety

Move to a safe location if you can. Moreover, assess yourself and others for injuries. Call 911 if medical attention is needed. Even if you feel fine, some injuries may not be immediately apparent.

Report the Bicycle Accident

Contact law enforcement to file a report. Depending on the severity of injuries and property damage, Florida may legally require you to report the bicycle accident.

Gather Information

Swap contact and insurance details with the other involved parties. Take photos of the accident scene, including all vehicles involved, damages, and any relevant road conditions or signs.

Consult An Oregon Bicycle Accident Lawyer

Before settling with insurance companies, consulting with an Oregon bicycle accident lawyer can help protect your rights and ensure fair compensation.

Frequently Asked Questions

In Oregon, the most common causes of bicycle accidents include:

  • Doorings: This occurs when a driver or passenger opens their car door without checking for an approaching cyclist.
  • Right Hooks: These happen when a vehicle makes a right turn at an intersection or into a driveway and cuts off a cyclist traveling in the same direction.
  • Left Cross: This type of accident occurs when a vehicle making a left turn at an intersection fails to see an oncoming cyclist and turns into their path.
  • Failure to Yield at Stop Signs or Signals: When drivers or cyclists fail to obey stop signs or signals, accidents can occur. Both parties should adhere to traffic laws to prevent incidents.
  • Potholes or Road Defects: Poor road conditions, which can be exacerbated by Oregon’s rainy climate, can cause a cyclist to lose control.
  • Distracted Riding: Using smartphones or headphones while riding can lead to serious accidents.
  • Impaired Riding or Driving: Alcohol and drugs impair judgment and reaction times, increasing the risk of accidents significantly.
  • Weather Conditions: Oregon’s weather can be icy, windy, or foggy, especially outside the summer months. Such conditions make roads slippery and reduce visibility, leading to increased accident risks.

These risks are heightened during Oregon’s busy summer and fall months when the state hosts major cycling events such as Pedalpalooza, which also include wine festivals attracting many visitors. The influx of people from different areas, combined with these events, significantly increases road traffic and the potential for bicycle accidents.

In Oregon, bicycle helmet laws mandate that all riders under the age of sixteen wear a helmet that meets approved safety standards while on public roads or pathways. This legal requirement is designed to reduce the risk and severity of head injuries in the event of an accident. Wearing a helmet is advisable for cyclists of all ages, as even the most cautious riders can experience falls or collisions.

When purchasing a new helmet, it’s essential to ensure it meets the safety standards set by the federal Consumer Product Safety Commission. Helmets that comply with these standards are designed to offer significant protection against head injuries throughout their useful lifespan, typically ranging from three to five years, provided they are used correctly.

In Oregon, coverage for bicycle accidents can be accessed through several types of insurance policies, each playing a role depending on the specifics of the accident and the parties involved.

  • Personal Injury Protection (PIP): The Oregon Revised Statue 806.010 states all auto insurance policies must include PIP, which typically covers bicycle accidents. This coverage must provide a minimum of $15,000 per person for medical expenses. PIP is a “no-fault” coverage, meaning it provides benefits regardless of who caused the accident. This also covers medical expenses for cyclists hit by vehicles, ensuring immediate medical treatment without waiting for fault determination.
  • Health Insurance: A cyclist’s own health insurance can also provide coverage for injuries sustained in a bicycle accident. This is crucial when PIP limits are exceeded or if no vehicle is involved and thus no auto insurance applies. However, health insurance typically will seek reimbursement from any settlement or judgment received from other insurance companies or the at-fault party.
  • Homeowners/Renters Insurance: Homeowners or renters insurance can come into play in unique scenarios, such as if a cyclist is injured on someone else’s property or if a cyclist’s actions lead to someone else’s injury or property damage. For example, if a homeowner’s pet causes a cyclist to crash, the homeowner’s insurance might cover the cyclist’s injuries. Additionally, if a cyclist causes property damage or injuries to someone during their ride, their own or the injured party’s homeowners or renters insurance might provide liability coverage depending on the policy details.

Yes, if you’ve been injured in a bicycle accident in Oregon, you are entitled to file a claim to recover various types of damages including:

  • Medical Expenses: This includes costs for emergency services, hospitalization, surgery, doctor visits, medication, rehabilitation therapy, and any future medical treatments related to your injuries.
  • Lost Wages: If your injuries prevent you from working, you can claim compensation for lost income. This also extends to diminished earning capacity if your ability to earn a living has been permanently affected.
  • Pain and Suffering: This accounts for the physical and emotional distress you experience from the accident.
  • Property Damage: You can also claim damages to your bicycle and any other personal belongings affected during the incident.
  • Loss of Quality of Life: If the injuries have long-term effects on your lifestyle and ability to engage in leisure activities or daily routines, you can claim compensation.
  • Punitive Damages: In cases where the defendant’s conduct was particularly reckless or egregious, punitive damages may be awarded to deter similar behavior in the future.

An Oregon bicycle accident lawyer can help maximize the compensation you receive and ensure all potential sources of recovery are explored.

The Oregon statute of limitations for filing a bicycle accident claim is two years from the date of the incident. This time frame applies to both personal injury claims and claims for property damage, such as damage to your bicycle. Acting within this period is important because it allows for preserving evidence like eyewitness testimony and medical reports, which may deteriorate over time. Prompt action also aids in securing compensation to cover medical bills and related expenses.

There are a few exceptions to this rule. If the injured party is a minor, the statute of limitations might not begin until they reach the age of majority. Also, if the defendant leaves the state after the accident and before the lawsuit is filed, the time they are out of state might not count against the two-year limit.

Fault in bicycle accidents is determined based on the principle of negligence. Negligence involves assessing whether one party failed to exercise reasonable care, leading to the accident and resulting damages. Factors considered include:

  • Violation of Traffic Laws: If either party violated traffic laws leading to the accident, they may be deemed at fault.
  • Right-of-Way Violations: Determining whether one party failed to yield the right-of-way or proceeded without caution can help establish fault.
  • Evidence and Witness Testimony: Eyewitness accounts, video footage, police reports, and other evidence play a crucial role in determining fault.

Just like drivers, cyclists have certain rights and responsibilities outlined by state traffic laws to ensure your safety and the safety of others on the road. The rights and responsibilities of a cyclist include:

  • Road Usage: You have the right to use public roadways, including streets and highways, just like drivers of motor vehicles.
  • Lane Positioning: You have the right to ride in a traffic lane and are not solely confined to the far right side of the road. You can take a lane when necessary for safety reasons, such as to avoid hazards, make left turns, or when the lane is too narrow to share with a motor vehicle.
  • Passing and Overtaking: You have the right to pass slower-moving vehicles on the left when it is safe to do so, similar to motor vehicles.
  • Traffic Laws: You are required to obey all traffic laws, including speed limits, stop signs, yield signs, and traffic signals.
  • Signaling: Use appropriate hand signals to indicate your intentions to turn or stop, enhancing predictability and reducing the risk of collisions.
  • Visibility: Ensure that you are visible to other road users, especially during low-light conditions or inclement weather, by using lights and reflectors on your bicycle.
  • Safe Riding Practices: Ride in a safe and predictable manner, avoiding sudden movements or weaving in and out of traffic.

By recognizing and adhering to your rights and responsibilities as a cyclist in Oregon, you can contribute to a safer and more harmonious road environment for yourself and others.

While not mandatory, hiring an experienced Oregon bicycle accident lawyer can help navigate the complexities of your claim and increase the likelihood of receiving fair compensation.

Senft Injury Advocates operates under a contingency fee structure. This means there are no upfront costs for you, and our fees are derived from the settlement secured on your behalf. With this approach, our interests are entirely aligned with yours.

Can’t find what you’re looking for?
Contact Us

SCROLL DOWN FOR MORE

What To Expect

From Recovery to Compensation: A Concrete Path To Justice

Related Content

News, Research, & Legal Insights

Ohio Accident Reports: A Guide to Filing and Compliance

Ohio Accident Reports: A Guide to Filing and Compliance

Learn How To File Ohio Accident Reports And Ensure Compliance With Our Essential Guide To Navigating Ohio's Legal Requirements.

More Info
A Comprehensive Legal Terms Glossary by Senft Injury Advocates

A Comprehensive Legal Terms Glossary by Senft Injury Advocates

Unlock The Complexities Of Personal Injury Law With Our Detailed Legal Terms Glossary By Senft Injury Advocates.

More Info
Florida Auto Insurance Requirements

Florida Auto Insurance Requirements

A Guide To Florida Auto Insurance Requirements: Necessary Coverage for Auto, Commercial Trucks, Buses, Motorcycle & Rideshare.

More Info
Ohio Auto Insurance Requirements

Ohio Auto Insurance Requirements

A Guide To Ohio Automobile Insurance Requirements: Necessary State & Federal Coverage for Auto, Commercial Trucks, Motorcycle & Rideshare.

More Info

Risk-Free Advocacy: We Don’t Get Paid Unless We Win

Why not fight for the justice and compensation you deserve? It won’t cost you a dime. Whenever you’re ready, contact our attorneys anytime to receive a free case evaluation.

We’ll worry about recovering your post-accident damages while you focus on healing; together, we’ll ensure you re-gain peace of mind.

Ready to take the first step? Reach out to be connect with legal and medical professionals near you.