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Portland is one of the most bike-friendly cities in the country, but biking in Portland can still be dangerous. Safeguards like bike lanes often aren't enough to protect cyclists from irresponsible and reckless drivers.
You might be entitled to compensation if you were injured in a bike crash that wasn't your fault. If you’re a cyclist in Portland and have been injured by a negligent driver, Siefman Law LLC can help.
Our Portland bicycle accident attorneys have a successful track record of fighting for injured cyclists. We work on a contingency basis, so you don't have to worry about legal expenses during this challenging time. Contact us today for a free consultation.
If you’re a Portland cyclist injured in an accident, you could be entitled to compensation for past, present, and future costs caused by the injuries sustained. A settlement or trial could include payment for the following:
Medical expenses can quickly accumulate following a bicycle accident, ranging from emergency room fees to ongoing treatment costs.
Current medical bills include all healthcare-related expenses incurred from the time of the accident up to the present.
Future medical bills account for the estimated cost of medical care necessary to treat your injuries in the long term.
The costs associated with rehabilitation and therapy can be substantial, often requiring multiple sessions over months or even years.
These expenses are an essential part of the compensation that victims may seek, as they are vital to the victim's ability to return to everyday life.
When the injuries sustained after a bicycle accident prevent the cyclists from returning to work, temporarily or permanently, the loss of income can be substantial.
This loss is not just limited to the immediate aftermath of the accident. It also extends to any future earnings that might be affected due to decreased ability to work, ensuring their financial health is not unduly compromised.
Cyclists might encounter bent wheels, snapped frames, and irreparable damage to gears and brakes. Personal belongings such as cell phones, specialized cycling gear, and other valuables carried during the ride may also be damaged or destroyed.
The replacement cost for high-quality cycling equipment can be substantial, adding to the accident's financial impact. Determining the full extent of property damage is essential in achieving a comprehensive settlement.
These damages encompass physical discomfort and the emotional and psychological trauma that can follow. The distress of dealing with the healing process or the depression that can come with a sudden change in lifestyle are all facets of pain and suffering.
Dealing with insurance adjusters, understanding your coverage options, and fighting so you receive fair compensation for your damages can be complex. A skilled bicycle accident lawyer can guide you through this process, helping you file a bicycle accident claim.
In Oregon, Personal Injury Protection (PIP) insurance provides benefits for medical expenses and associated costs, regardless of who is at fault.
In situations where your medical costs exceed the at-fault party’s insurance limits, you may access additional funds through your underinsured coverage, which has a minimum of $25,000 in Oregon.
If you don’t own a car, or can’t otherwise access PIP benefits you will likely be covered by the PIP portion of the at-fault driver’s policy. A personal injury attorney can help navigate insurance claims to protect your rights.
The outcome of a bicycle accident can be overwhelming. It’s crucial to stay calm and take a few steps to secure your safety and protect your legal rights:
At Siefman Law, we have a dedicated bicycle accident attorney in Portland with a deep understanding of Portland’s bike laws and a solid commitment to representing cyclists.
Our law firm has experience handling bicycle accident cases and offers comprehensive legal support to those injured in bike collisions.
We understand that each accident case is unique, and our experienced bicycle accident lawyer is adept at navigating the legal system to help victims of bicycle accidents in Portland recover compensation.
In Oregon, cyclists must adhere to the same rights and responsibilities as motor vehicle operators. These include using the road when no bike lane is present and yielding to pedestrians in a bicycle lane or sidewalk.
Moreover, Oregon law offers extended Personal Injury Protection (PIP) — medical bill coverage of up to two years for bicycle accidents, helping to alleviate the burden of medical bills.
In Oregon, a modified comparative negligence system is in place. This means that recovering damages following incidents where a bicycle accident happened can be notably affected if the cyclist shares fault.
If a cyclist is found to be partially responsible for an accident, the compensation they can receive for damages will be reduced in proportion to their percentage of fault. However, this is only applicable if the cyclist's fault does not exceed 50% of the total fault for the incident.
Most bike collisions happen in car accidents, where motor vehicle drivers don't notice cyclists on the road. Here are other common causes of bike accidents in Portland:
Car door collisions, also known as “dooring,” are common in urban areas where parking on the side of the street is common.
These accidents occur when a driver or passenger of a parked vehicle opens their door without checking for oncoming cyclists, leading to a collision.
These accidents can be severe, as cyclists may be thrown off their bikes or swerve into traffic to avoid the door, potentially leading to a second collision with moving vehicles.
Distracted driving has become one of the biggest threats to bike riders. Texting, talking on the phone, and using a GPS endanger cyclists. Often, the driver of the other vehicle involved in a crash is distracted, leading to stop sign accidents, collisions with parked cars opening doors, and other more serious accidents.
Reckless driving encompasses a range of dangerous behaviors. These include speeding, ignoring traffic signals, making illegal turns, and other aggressive maneuvers that disregard cyclists' safety.
When drivers engage in such practices, they endanger everyone sharing the road, particularly vulnerable road users like cyclists.
Individuals who drive while intoxicated by alcohol or drugs are hazardous to cyclists. A drunk driver loses the ability to react if the situation suddenly changes, impairing their judgment and slowing reflexes. This lack of responsiveness can lead to catastrophic outcomes when sharing the road with cyclists, who rely on drivers to be attentive.
The unpredictable nature of an intoxicated driver's behavior means that they may swerve unexpectedly, fail to adhere to traffic signals, or not see a cyclist at all, increasing the risk of a collision with potentially fatal consequences.
Right and left hooks occur when a driver makes a right or left turn directly in front of a cyclist going in the same direction.
These accidents are particularly dangerous because they can happen so quickly that the cyclist has no time to react. Often, the driver may not even see the cyclist until it is too late.
Bike crashes sometimes occur when bikers encounter hazardous road conditions such as potholes, uneven or cracked pavement, loose gravel, and a lack of traffic signs.
The City of Portland has gradually improved its roads to make them safer, but not all routes are safe for bikers. These conditions make it more difficult for cyclists to see road hazards and increase the likelihood that a driver will fail to notice a biker, leading to severe injuries.
Regarding the right of way, Portland bike law stipulates that cyclists in a bike lane have the right of way over motor vehicles turning across the lane.
This is particularly important at intersections, where the majority of collisions between bicycles and cars occur.
Additionally, the law requires drivers to yield to cyclists on sidewalks and crosswalks, acknowledging the vulnerability of bicyclists in these shared spaces.
Unlike drivers, cyclists are not protected by the safety of a vehicle. As such, they usually bear the brunt of the impact of a collision. This can result in serious injuries, including:
Back injuries are a particularly common outcome of bicycle accidents involving cars. When a cyclist is struck by a vehicle, the force can cause the rider to be thrown, leading to a sudden and violent impact on the back.
These injuries can be life-altering, requiring extensive medical treatment, rehabilitation, and, in some cases, leading to chronic pain or disability.
A traumatic brain injury is one of the most significant outcomes of bicycle accidents. These injuries occur when a cyclist's head suffers a blow or jolt, which can happen even with helmet protection during a collision.
The severity of TBIs can range from mild concussions, which might be only temporary, to severe cases that can result in prolonged periods of unconsciousness, amnesia, or permanent brain damage.
Paralysis is a tragically common outcome of bicycle accidents, given the vulnerability of cyclists on the road.
Without the protective enclosure vehicles provide, cyclists are exposed to direct impacts in an automobile accident. This can lead to severe spinal cord injuries, which may result in paralysis, depending on the level and severity of the injury.
Broken bones are a common and often serious result of bicycle accidents, particularly those involving collisions with motor vehicles.
High-impact forces can cause fractures ranging from simple breaks, which may heal with casting, to complex fractures that require surgical intervention and may lead to long-term complications.
Road rash occurs when a cyclist's skin is scraped against the pavement, resulting in burns that can range from mild to severe.
These burns can often cover a large area of the body and may require medical treatment to prevent infection. Severe road rash can sometimes lead to permanent scarring or require skin grafts.
A sprain can happen when cyclists try to break a fall with their hands or are thrown off the bike. Strains, on the other hand, involve the muscles or tendons. They can be caused by overexertion or a particularly forceful impact. These injuries can vary widely and may need physical therapy or other treatments.
After an Oregon bicycle accident, it's essential to call the police, obtain driver and witness information, document the event, and seek medical attention. These steps can further protect your rights in case of legal action.
The at-fault driver's insurance may cover your medical and bike repair expenses. If the driver is uninsured, your health insurance may cover your injuries. It's important to determine fault and insurance coverage. Seeking legal representation can provide valuable assistance in interpreting insurance policies.
While not every insurance company engages in bad faith, it is an unfortunate reality that some do. When an insurance company does not legally fulfill its obligations to policyholders, seeking legal representation is essential to understand if you could have a possible insurance claim in your hands.
Not wearing a helmet during a bicycle accident is a common concern. The simple answer is yes. You can still file a claim. Using a helmet may come into play when determining comparative negligence, which can affect the compensation you may be entitled to. However, not wearing a helmet does not prohibit you from seeking damages for injuries caused by another party's negligence.
In Oregon, victims of hit-and-run bike accidents may still be able to receive compensation. The process, however, can be more complex than in incidents where the at-fault driver is identified. Even without the at-fault driver, cyclists may be able to file under their insurance policies.