When motor vehicles and bicycles collide, cyclists often suffer catastrophic injuries. Without the same protection motorists and passengers have, cyclists are among the most vulnerable road users and far more likely to endure devastating or even fatal injuries. If you have been seriously injured and are struggling to cope with seemingly daunting losses, we can help.
Portland Bicycle Accident Attorney
Safeguard your future and turn to our top-rated Portland bicycle accident lawyer. Our legal team is standing by, ready to help you recover full and fair compensation and obtain the justice you deserve. By carefully investigating the cause of your accident and building a compelling case against the at-fault party, we seek to hold them accountable to the fullest extent of the law. With extensive experience and as an avid cyclist himself, Rob Kline understands the issues and knows how insurance companies handle bike claims. Contact us today to request a free consultation and learn more about how bicycle accident claims work, what to expect from the insurance company and how much your case could be worth.
Bicycle Accidents Continue to Cause Catastrophic Injuries
Statewide data from the Oregon Transportation Safety Dashboard shows fatal motor vehicle accidents have risen over the last decade, with 606 fatalities in 2022, a 73% increase from 2010. Fatal cyclist injuries also grew by almost 50%, from 11 in 2010 to 20 in 2020. Non-fatal cyclist injuries are much higher.
The Portland 2023 Deadly Traffic Crash Report report shows rising traffic deaths, with 69 deaths in 2023 compared to 48 in 2019. While cyclist deaths fell from four in 2022 to two in 2023, the decrease may not be statistically significant given ongoing infrastructure issues and rising fatalities. This highlights the need for legal representation.
Your Bicycle Accident Attorney Investigates to Prove Liability
Healing should be your top priority after being injured on a bike. Having an experienced bicycle accident attorney by your side enables you to rebuild your life while our team focuses on assembling a compelling case against the individual or entity who caused your injuries. We begin by investigating the cause of the incident to uncover all evidence to support your case. Sometimes we engage a crash reconstruction expert who has a thorough understanding of physics and vehicle dynamics. We identify who is responsible, and why, and determine the next steps for moving your case forward. This enables you to focus on recovering from your injuries.
Riding my bicycle to work this winter I was hit by a truck and unable to work for nearly four weeks. I found Rob while looking for the best injury attorneys in downtown Portland. He has helped me out big time since taking on my case. I’m fortunate to have met him and would recommend him as an attorney to anyone that has been injured in an bike accident!
Ashlan Bombay
Top Causes of Bike Wrecks in Portland
In most bicycle accident cases, bikers are struck by motor vehicles or forced to take evasive action to avoid being struck. This is often because motorists are distracted, speeding or engaging in other unsafe driving behaviors. Some of the most common causes of bicycle accidents in Portland include:
- Driving too fast for conditions
- Failing to yield the right of way at intersections
- Failing to check blind spots before turning
- Making unlawful turns
- Failing to leave enough room when passing cyclists
- Refusing to stop at stop signs or traffic lights
- Driving while distracted with mobile devices
- Driving while fatigued
- Failing to look out for bikes on the road
- Engaging in aggressive driving and road rage
- Driving under the influence of drugs or alcohol
However, bicycle accidents are not only caused by dangerous drivers. They can also be caused by road hazards. For example, if the applicable roadway authority failed to uphold its responsibilities for road safety and maintenance, you may have the right to compensation for your losses from them. Some examples of such roadway hazards could include:
- Improperly secured road construction work zones
- Confusing roadway geometry and markings
- Lack of required setbacks at intersections
- Large potholes that remain unfilled
- Illegal storm drains
- Traffic control devices or lighting not working properly
Additionally, bike wrecks can also be caused by defective or malfunctioning parts. If your bike has design or manufacturing defects, you could suffer severe injuries. Similarly, when motor vehicle parts malfunction and motorists are unable to turn or brake, they can crash into cyclists causing catastrophic injuries.
What to Do if You Are Accused of Sharing Blame
Do not be caught by surprise if the liable party attempts to blame you for the accident. They may be attempting to capitalize on Oregon shared liability laws. According to ORS 31.600, the state follows a modified comparative negligence code. There is a 50% threshold.
This means bicycle accident victims who share partial blame for the accident can receive compensation for their losses as long as their percentage of blame does not exceed 50%. If the motorist is more than 50 percent at fault, they are held accountable for their portion of the fault. To ensure this, the court system reduces your settlement by your percentage of blame, if any.
For example, the motorist’s lawyer might allege that you suddenly moved from a place of safety into a crosswalk directly in front of oncoming traffic. If the jury agrees, they might determine you are 40% responsible for your injuries.
If you were awarded $1 million for your damages, your settlement would reflect a 40% deduction, leaving you with a verdict valued at $600,000. For this reason, it is important that you have a dedicated bicycle accident lawyer from Kline Law Offices P.C. on your side who will ensure culpability is correctly evaluated in your case.
The Grounds for a Bicycle Accident Claim are Clear and Consistent
It is not unusual for bike accident victims to hesitate to pursue their claims. Many are concerned that they will be accused of pursuing frivolous lawsuits. Others are worried their injuries are not severe enough to warrant a personal injury lawsuit.
However, it is not the type of injury you suffer that determines whether you have the right to compensation for your damages. Instead, it is the severity of your injuries and the impact they have had and may continue to have on your life that determines the value of your case. Some of the most common types of injuries your bicycle accident attorney from Kline Law Offices P.C has handled include:
- Post-traumatic stress disorder (PTSD)
- Contusions, lacerations, and abrasions
- Broken and fractured bones
- Hip, knee, shoulder, and wrist injuries
- Connective tissue injuries, including whiplash
- Traumatic brain injuries and concussion
- Spinal cord injuries
- Back injuries and herniated discs
- Loss of limbs
However, it is not enough to suffer an injury in a bicycle accident. The elements of negligence must be met for your claim to be successful.
The Elements of Negligence
The elements of negligence describe what must be proven to win your bike accident case. According to ORS 30.260 to 30.300, each element of negligence must be met as follows:
- Duty of care – The driver has an obligation to drive safely and obey all traffic laws. If you were hit by a distracted driver, their cell phone records could prove your case.
- Breach of duty – We must show how that the driver failed to uphold their duty of care. A motorist who violates traffic laws and regulations would be in breach of their duty of care, for example.
- Causation – The driver’s actions must be the cause of your injuries or damages. In some cases, the driver’s lawyer argues that you had preexisting injuries.
- Damages – This can include any combination of financial losses, physical injuries, emotional distress, or limitations that severely impact your quality of life.
Demand Just Compensation for Every Single Loss
According to ORS 31.705, a combination of compensatory damages may be available to injury victims and accident survivors who take legal action. Our highly knowledgeable bike accident lawyer from Kline Law Offices P.C. can help you explore every opportunity for financial relief. Certain types of damages can be sought when you file a claim with the insurance company.
Economic Damages
Economic damages are the easiest to calculate and identify. They describe monetary losses. Some examples include:
- Loss of income, tips, and wages
- Current and future healthcare costs
- Prescription medications and ambulance fees
- Ongoing medical care and mental health counseling
- Medical home accommodations and devices
- Loss of paid time off or sick leave and other benefits
- Bicycle repair or replacement expenses
- Costs of childcare and household maintenance responsibilities
Non-Economic Damages
Non-economic damages are not as easy to calculate. Some examples of non-economic damages could include:
- Excruciating pain and suffering
- Emotional trauma and distress
- Skin scarring and embarrassment
- Permanent disability and disfigurement
- Loss of consortium
- Trouble maintaining relationships
- Nightmares and insomnia
- Shame, shock and indignity
Punitive Damages
Another type of award you could receive as part of your bicycle accident settlement includes punitive damages. Under ORS 31.730, punitive damages can be awarded in personal injury claims. However, this is generally only when the evidence demonstrates that the defendant’s conduct was grossly malice or has shown a reckless and outrageous indifference to a highly unreasonable risk of harm and has acted with a conscious indifference to the health, safety and welfare of others.
negligent or malicious. Punitive damages are not awarded in every case. They are issued to send a message to the community, prevent similar acts of misconduct in the future, and deter future wrongdoers.
Portland Bicycle Accident FAQ
After being involved in a bicycle accident, you may be overwhelmed by the trauma of what you have been through. As you begin to rebuild your life and consider your legal options, you may have many unanswered questions about how bicycle accident claims work and what to expect from your case. Kline Law Offices P.C. aims to empower our clients and help bicycle accident victims demand justice.
For that reason, we have created a brief FAQ that discusses some of the most frequently asked questions surrounding bicycle accident cases in Portland below. If you have additional questions we do not cover on this page, do not hesitate to schedule a 100% free consultation with a respected bike accident lawyer from our firm.
How Much Will it Cost to Hire a Bicycle Accident Lawyer?
We work on contingency for our clients. Our bicycle accident attorneys prioritize our clients’ needs. We recognize that injury victims often struggle financially due to medical expenses, property damages, out-of-pocket costs, and other expenses related to their injuries.
We never require a retainer or assistance covering the costs associated with pursuing your case. Working on contingency means, we only get paid if we win. This minimizes the risk for bicycle accident survivors so they can make the liable party pay without putting their own funds on the line.
How Long Do I Have to File My Bicycle Accident Lawsuit?
Under ORS 12.110(1), the statute of limitations for bicycle accident and personal injury claims in Oregon is two years. Generally, the countdown begins on the day of the accident and expires exactly 2 years later.
However, depending on your specific circumstances, the statute of limitations could be paused temporarily or tolled. This occurs most often when bicycle accident victims are minors or are not diagnosed with injuries related to their accident until days or weeks after the collision. Missing the statute of limitations deadline could have a devastating impact on your case.
Should I Accept an Offer From the Insurance Company?
We never recommend accepting an offer from the insurance company without discussing it with your bicycle accident lawyer first. Oregon follows fault insurance laws according to Chapter 742 of the Insurance Policies Generally; Property and Casualty Policies 2023 Edition. This means you will likely be dealing with the liable party’s insurance provider as opposed to your own.
Without an attorney review, you may be at risk of accepting an offer that is far less than your claim is worth. Insurance companies often offer the bare minimum to protect their profit margin. When you have your personal injury attorney negotiate with the insurance company on your behalf, you do not have to worry about settling for less than you deserve.
Trust in Portland’s Highly Experienced Portland Bicycle Accident Law Firm
Though your bicycle accident may have been traumatizing, this experience does not need to haunt you for the rest of your life. When you take charge of your future and fight to hold the liable party accountable, you may feel empowered and stronger than you ever have. Working with a trial-proven Portland bike accident attorney from Kline Law Offices P.C. may be the best way to access the just compensation you deserve.
When you are ready to take action on your claim but are unsure of where to begin, do not hesitate to meet with Portland’s leading bicycle accident law firm. Our team is proud to offer 100% free consultations to bike wreck survivors throughout Portland and across the state of Oregon. Claim yours by calling our office or completing our convenient contact form today.
Rob Kline Understands Bicyclists
Attorney Rob Kline is an avid cyclist. Rob understands what it is like to negotiate traffic and deal with inattentive and aggressive drivers. Let us help you prove your case against the driver who is legally responsible for your injuries. Call today for a free, confidential case evaluation.
