Beaverton Bicycle Accident Lawyer

Get Information from the At-Fault Driver

Ask the driver involved in your crash for their full name, driver’s license information, and auto insurance information. You may need this information to submit a claim for compensation. If you speak with the motorist, do not accept blame for the crash. By doing so, you may compromise your chances of getting damages. 

Collect Evidence 

If you have your smartphone with you, use it to take photos and videos at the accident scene. You only get one chance to gather these photos and videos. Make the most of it by capturing proof relating to your injury and damage to your bike.

Connect with a Bicycle Accident Lawyer

You may be wondering if you need a lawyer. By hiring a bike accident attorney, you can get help dealing with the aftermath of your crash. Your lawyer will advocate for you and protect your legal rights. They can help you submit a claim for damages from anyone responsible for your crash. 

It may take months or years to receive compensation relating to your cycling crash. Regardless, our bicycle accident attorney is ready to help you out. Your attorney will help you file a claim against an at-fault party. Plus, they can help you prove negligence and put you in the best position to secure the maximum amount of damages. 

Bike Accident Claim Statute of Limitations

Based on Oregon Revised Statutes (ORS) 12.110, have up to two years from the date of your cycling accident to file a claim against an at-fault party. This period may not be extended. If you do not seek damages within two years of your crash, you may be solely responsible for your accident-related losses. There are shorter deadlines if you claim is against a local government or roadway authority.

You may pursue damages from an at-fault motorist; your claim is handled by their insurance company. There are minimum insurance requirements for all drivers in Oregon. If a driver causes your cycling accident, has enough insurance coverage, and their insurance company agrees with your position, you may not need to seek compensation through an injury lawsuit. 

There are times when a driver is uninsured or underinsured. At these times, it is beneficial to have a bike accident attorney at your side. Your lawyer can help you request compensation under the uninsured or underinsured motorist provisions of any auto policy you have. They will make sure your claim is filed before your statute of limitations for doing so lapses. 

Who Is Responsible for a Bicycle Collision

Your lawyer can explain the things you should do after your accident, including figuring out who is at fault for your bicycle collision. They will ask you questions and review the facts surrounding your crash. This will help your attorney determine who is responsible for paying damages. 

A motorist may be liable for a cycling crash. For example, a driver may speed through a red light and crash their vehicle into you and your bicycle. This driver broke the law and may be held accountable for your losses. 

Bicycle and bike component part manufacturers can responsible for your cycling accident. This can happen, for example, when carbon frames or forks fail under normal use. If a malfunctioning bike part led to your accident, you may be able to sue the manufacturer for design or manufacturing defect. 

There are instances where a government entity may be liable for a cycling crash. An entity may choose not to maintain or properly design roadways used by cyclist. If you can prove the entity’s negligence contributed to your cycling crash, you may be able to collect damages. 

Proving Liability in a Bike Crash Case

You may have concerns about who pays your medical bills following your bicycling crash. You ultimately are responsible for paying these bills and covering other expenses until your case is resolved. However, there are a number of options to deal with your medical bill while your case is progressing including health insurance, PIP coverage and various government insurance programs. See our FAQ for more information.

Saying a motorist or someone else caused your cycling accident is not enough to prove liability. You may need a wealth of evidence and strong arguments to prove fault. To show someone was responsible for your collision, you will have to establish the following elements of negligence:

• The at-fault party had a legal obligation to act with due care for the safety of others on the road and obey all traffic laws. 
• The party ignored their obligation.
• Since the party violated their obligation, they caused your accident.
• You suffered quantifiable and subjective losses due to the party’s acts. 

Bike accident lawyers understand the challenges that come with proving negligence. Your attorney can learn about your collision and prepare your argument accordingly. They may use accident scene photos and videos, eyewitness testimony, calculations from a collision reconstruction engineer, and other forms of proof to support your claim. Your lawyer also may look for ways to dispute the defendant’s case against you. 

Bike Crash Case Damages

One of the first questions you may have relating to your bike crash claim is how much your case is worth. You may be eligible for economic and non-economic compensation. Economic damages may be awarded for damage to your bike, your medical bills, and other quantifiable losses. Non-economic damages may be provided for pain, suffering, and other losses that are subjective. 

Your attorney may encourage you to ask for economic and non-economic damages. They may help you calculate your losses. Next, they may work with you to craft an arguments designed to show a judge or jury you deserve this amount. 

Per ORS 31.600, comparative negligence applies to injury cases. You may be eligible for damages even if you are partly responsible for your bicycling accident. What you receive in compensation may be reduced by your percentage of fault. You are ineligible to recover compensation if your fault exceeds 50%. As an example, a jury may decide you were 10% responsible for your collision. In this scenario, the defendant is required to pay 90% of the damages awarded by the jury. 

Bicycling Crash Case Evidence

Evidence can play an important role in your cycling crash case. If you have compelling proof, a jury will be more inclined to award you 100% of the damages you are requesting. Evidence you may use to support your bicycle accident case includes:

• Accident scene photos and videos
• Medical records
• Police reports
• Witness statements
• Collision reconstruction data and conclusions prepared by an enginee

It may be in your best interests to hire an attorney who has received many positive client testimonials. Your lawyer can help you collect and evaluate evidence. They will help you establish a body of proof that leads the defendant in your case to submit a fair settlement offer. 

Bike Accident Case Settlement

Within days of your cycling accident, you may get a phone call from the at-fault motorist’s insurance provider. The call may be about a settlement offer. You may be tempted to accept the proposal, since this will give you money you can use right away. If you are unsure about if you should accept an insurance company’s offer, it may be a good idea to consult with a lawyer. 

You are not required to accept a settlement proposal. With help from your lawyer, you can evaluate an offer in detail. If your attorney does not believe an offer is fair, they will let you know. You can ask your lawyer questions about the proposal, weigh its pros and cons, and make an informed decision about it. 

There is no pressure to accept a settlement. If you decide a proposal is less than what you want, you usually can decline the offer without any penalties. In this situation, your attorney continues to work with you to find ways to strengthen your case. 

If no settlement is reached before your trial, you try your case to the jury. Your lawyer will help you get ready for your trial date. They will make sure you know what to expect when you enter the courtroom. Your attorney will help you establish realistic expectations for your legal proceedings. 

Partner with a Bicycle Accident Lawyer

If you got hurt in a bicycling crash due to no fault of your own, contact Kline Law Offices P.C. We understand the short- and long-term ramifications of a cycling collision. Our lawyers can help you evaluate your legal options and determine where to go from here. To schedule a free case consultation, contact us today.