Oregon Bicycle Accidents With Cars, Trucks, or Motorcycles

Oregon rules of the road are supposed to protect responsible bicyclists from injury. Although Portland is respected for encouraging bicycle use, Portland bicyclists suffer personal injury and death while commuting to work or going to the store. Then, too often, the insurance companies play hardball and they need to hire a trial attorney.

On the other hand, there are a few crazy bicyclists who cause car-bike accidents, too.

Oregon law controlling the duties of bicyclists and cars and trucks can determine the outcome of lawsuits because of a legal concept called “negligence per se.” Usually, jurors have to weigh the conduct of people to determine if they were negligent and, consequently, liable to pay for money damages. But, if someone breaks a law, then the jury skips to the next question of whether the violation caused the collision. A summary of driver and bicyclist duties follows.

Legal Duties of Oregon Bicyclists.

The legal duties of bicyclists include the following:

• Use a bicycle lane when there is a bicycle lane.
• Don’t leave a curb or other safe place suddenly into the path of a car or truck.
• Give an audible warning before passing pedestrians.
• Don’t drive “carelessly” on sidewalks.
• When both a car and a bicyclist approach certain places, the bicyclist must ride no faster than ordinary walking speed. Those places are when entering a crosswalk, a curb cut, and approaching a driveway.

If a bicyclist does any of the above and causes a collision with a pedestrian or car, then the other person has a “negligence per se” case against the bicyclist.

Legal Duties of Oregon Motor Vehicle Drivers

All drivers must act as a reasonable person under the circumstances. The following summarizes some specific laws controlling car-bike interactions.

• Vehicular assault of a bicyclist is when a person (a) drives his or her car recklessly, (b) contacts a bicyclist, and (c) the bicyclist suffers personal injury.
• Motor vehicle drivers must yield to bicyclists in bike lanes
• Drivers must yield to bicyclists on the sidewalk, so long as the bicyclist is going the speed of an ordinary walker.
• Drivers must pass bicyclists at a “safe distance.” A safe distance is enough room so that if the bicyclist falls over into the lane of traffic, the car or truck would still not strike the bicyclist.

As an Oregon Trial Attorney since 1984, I have the experience to help you if you were hurt in an accident that was the fault of someone else. So, if you are hurt and the insurance company is jerking you around, call me at 503-665-4234.