Riding a motorcycle can be exhilarating, but motorcyclists face a much higher risk of injuries than other drivers. Even with a helmet and proper protective gear, motorcycle riders could experience catastrophic injuries that have lifelong repercussions.
Portland's Motorcyclists Are Safe Despite the Stereotypes
A good Portland motorcycle accident lawyer knows that motorcyclists face a lot of unfair stereotypes. Some may assume that the crash was the motorcyclist’s fault, or that motorcycle riders often take unnecessary risks.
In truth, most motorcycle riders exercise a high degree of caution because they understand the severe consequences of a collision.
He didn’t talk in jargon, he made sure I actually understood what was going on so that I could make informed decisions. He was respectful of me, too, he made sure I had the time to think things through, he didn’t pressure me to make complex decisions.
Erin Stoneburner
Rob Kline Can Help After a Motorcycle Crash
Portland-based lawyer Rob Kline knows how to address baseless assumptions and present the facts of your case. He’ll focus on your life before and after an accident so your story can be told.
Rob started his legal career representing insurance companies and corporations. He can leverage that experience to your advantage while negotiating a settlement or seeking damages in court. For a free consultation with an experienced motorcycle accident attorney near you, contact our Portland, OR law firm today.
Dangerous Roads for Motorcyclists in Portland, OR
People who commute or run errands on their motorcycle know that some of these highways and streets in Portland are where accidents often occur:
- Interstate 5
- Interstate 84
- Marine Drive
- Powell Boulevard
- 82nd Avenue
- 122nd Avenue
In addition to these dangerous roads and others listed as part of Portland’s High Crash Network, motorcyclists should exercise caution wherever they go for a ride. Serious crashes can happen while on the Mount Hood Loop or following Nestucca River Road, so be careful when you’re on your bike.
How Long Do I Have to File a Motorcycle Accident Lawsuit in Oregon?
Oregon’s deadline for motorcycle accident claims varies depending on the type of action you wish to file. Injury claims have a different statute of limitations than fatal accident claims.
- Per Oregon Revised Statutes (ORS) § 12.110, you have two years from the date of a motorcycle accident to file a personal injury lawsuit.
- Per ORS § 30.020, you have three years from the date of a fatal motorcycle accident to file a wrongful death lawsuit.
Once the statute of limitations has expired, you will no longer be able to file a legal action, even if you have a legitimate claim. The statute of limitations may be shorter if the motorcycle crash involved a government entity or if a local restaurant or bar contributed to a drunk driving/DUII accident.
It’s best to speak with a Portland motorcycle accident lawyer as soon as possible after a collision. You can learn if you have a legal claim and what steps you need to take next to seek compensation.
You Can Still Seek Compensation If You Were Partly at Fault
Some motorcyclists hesitate to file a claim because they’re concerned about partial blame for an accident. However, you can still seek compensation as long as you were less than 50% at fault. This is because Oregon is a modified comparative negligence state (ORS § 31.600). Your percentage of liability will be deducted from compensation.
For example, say that you win $100,000 in a motorcycle accident lawsuit, but you were determined to be 25% at fault. Because of modified comparative negligence, you would still receive $75,000 in damages.
Never admit any fault after a motorcycle crash or apologize at the scene of the accident. Report the incident to your insurance company without accepting or asserting blame, and speak with a Portland motorcycle collision attorney about what happened.
Why Choose Rob Kline for Your Motorcycle Accident Case
Attorney Rob Kline has more than 25 years of experience practicing law. He began his career representing large corporations and insurance companies. He knows how these powerful interests operate, and he can use his knowledge to help negotiate better settlements and build strong cases for motorcycle accident survivors.
- Strong Reputation as an Accident Attorney: Rob has an AV Preeminent Peer Review Rating from Martindale-Hubbell, which is given to lawyers who exhibit high ethical standards and legal ability. Rob also has a 10/10 “Superb Lawyer” rating on Avvo thanks to his compassionate, client-focused approach to accident litigation.
- In-Depth Knowledge of Portland Roads and Crash Laws: Our law office has a detailed knowledge of local roads and accident laws. Rob was one of the lead authors on wrongful death and survival actions in Tort Law in Oregon (2024 Edition), published by the Oregon State Bar. Rob also authored the Oregon Pedestrian Law Guide 2.0, which is part of The OTLA Automobile Litigation Deskbook series.
- Free and Confidential Consultations: You’re likely overwhelmed by medical bills and other expenses after your motorcycle collision. Our law office provides free and confidential case reviews. This allows you to get sound guidance from a qualified attorney and figure out what steps you need to take next.
If you need help after a crash, we’re here to listen and offer our honest insight. For a free case evaluation with a trusted Portland motorcycle accident lawyer near you, contact Rob Kline today.
Common Causes of Motorcycle Accidents
Rob Kline and his team have worked on many accident cases. These are some of the most common causes of motorcycle crashes in and around Portland.
- Failure to Check Blind Spots: Many commuters and commercial truckers neglect to check their blind spots before changing lanes. These drivers may not notice motorcyclists in their blind spot, resulting in dangerous side collisions.
- Misjudged Left Turns: Drivers sometimes misjudge how fast a motorcycle is approaching at an intersection. Minor errors in judgment could cause a serious head-on or T-bone crash. These kinds of collisions can happen even when making a guarded left turn at a light.
- Dooring: Dooring is when a driver or passenger opens their vehicle door into a lane of traffic. Motorcyclists could hit these open doors if people are not paying attention to nearby traffic in adjacent lanes. Dooring is also a potential cause of bicycle accidents in the city.
- Speeding and Reckless Driving: When drivers speed or are reckless behind the wheel, it can endanger nearby motorcycle riders. Examples of reckless driving include refusing to yield the right of way, not using turn signals, aggressive lane changes, and tailgating motorcyclists.
- Intoxicated Driving: Drunk and drug-impaired drivers put everyone’s lives at risk. If an intoxicated driver hit you while you were on your motorcycle, we can help you seek compensation through a DUII accident lawsuit.
- Distracting Driving: When drivers text behind the wheel, look up directions, or lose focus on the road, it puts motorcyclists at risk. A distracted driver could run a motorcyclist off the road or cause a potentially fatal collision.
- Driver Fatigue: When drivers are tired, they become sluggish and may make bad decisions. The effects are similar to drunk driving. Fatigue is a common concern in commercial trucking accidents.
- Vehicle Defects and Faulty Parts: Not all motorcycle collisions are caused by human error on the road. Serious crashes can happen when motorcycles are poorly designed or manufactured, or vehicle parts are defective.
- Poor Road Conditions: A pothole, uneven road surface, malfunctioning traffic signal, or busted streetlight can make driving conditions especially dangerous for motorcyclists.
- Bad Weather Conditions: Rain, fog, heavy winds, and black ice can make riding conditions extremely dangerous, even on roads that may seem safe otherwise.
Potential Injuries in a Motorcycle Accident
Motorcyclists are extremely vulnerable to injury, even if they are wearing a helmet and proper protective gear. Some potential injuries from a collision include:
- Road Rash: Road rash refers to the painful friction burns and abrasions caused by skidding across the road.
- Biker’s Arm: Biker’s arm refers to nerve injuries around the shoulder when motorcyclists try to soften their fall by holding out their arms.
- Fractured Bones and Joints: Broken fingers, bones, and joints are common due to the hard landings motorcyclists have in a crash.
- Damage to Internal Organs: The force of impact in a collision and from falling to the ground can fracture ribs and cause damage to internal organs like the lungs, liver, kidneys, and spleen.
- Spinal Cord Injuries (SCI): The impact of a crash could cause damage to the spinal cord that results in partial paralysis, paraplegia, or quadriplegia (tetraplegia).
- Traumatic Brain Injuries (TBI): A strong blow to the head can cause a concussion or other types of brain injuries despite wearing a helmet. TBIs can have lasting effects on your memory, cognitive ability, motor skills, and mental health.
- Loss of Limbs: Some motorcycle crashes result in the loss of limbs at the accident scene or the amputation of a mangled limb that cannot be saved.
Legal Options After a Fatal Motorcycle Accident
If you’ve lost a family member in a fatal motorcycle crash, you have our deepest sympathies. When you feel ready to share your story, Rob and his team can discuss filing a wrongful death lawsuit.
The compensation from a fatal motorcycle accident claim can help Portland families cover funeral costs, the loss of a loved one’s income, and the pain associated with the loss of your loved one’s companionship.
Who Can Be Held Liable for a Motorcycle Accident?
There could be multiple parties who caused or contributed to a motorcycle collision. Rob and his team will review available evidence to ensure negligent parties are held accountable for the harm they caused.
- The Other Driver(s): Another driver on the road could be held liable for reckless driving, drunk driving, not checking blind spots, or running a red light.
- Companies That Employ Commercial Drivers: Trucking companies, delivery companies, and possibly rideshare companies may be liable for a crash based on poor hiring practices or policies.
- Local Bars or Restaurants: If a bar overserved alcohol to someone who was noticeably intoxicated, that establishment could be held liable under Oregon’s dram shop laws (ORS § 471.565).
- Automakers and Part Manufacturers: Motorcycle manufacturers or parts companies can be held liable if their products contributed to the collision or the severity of injuries experienced.
- Mechanics and Repair Crews: Service teams can be held liable for crashes that were caused by shoddy repairs or poor maintenance on the motorcycle.
- Local Road Authorities: Officials in Multnomah County or other jurisdictions could be held liable if they failed to repair potholes or known issues with dangerous roads.
Compensation After a Motorcycle Accident
How much your motorcycle accident case is worth will depend on the severity of your injuries, the lasting effect of these injuries on your daily life, and any damage to property from the motorcycle crash. Portland accident attorney Rob Kline will consider your life before and after the motorcycle wreck to ensure you receive fair compensation for your economic and non-economic losses.
Economic and Non-Economic Damages for a Motorcycle Accident
Economic damages cover the material and financial losses incurred from an accident, while non-economic damages cover the personal changes in someone’s life because of their injuries. Examples include:
- Past Medical Care Costs: This includes hospital stays, emergency surgery or stabilizing care, and visits with specialists.
- Ongoing Healthcare Needs: This includes physical rehabilitation, occupational therapy, and any mental health counseling or treatment for PTSD, depression, or anxiety.
- Damage to Your Motorcycle and Other Property: This includes repair or replacement of your motorcycle, damaged belongings from the crash, and the cost of any damaged protective gear.
- Loss of Income While Recuperating: This includes sick time or extended leave from work, reduced hours, and any other changes in income or employment.
- Loss of Future Earning Potential: This includes job retraining or a career pivot if a motorcycle crash prevents you from pursuing your current line of work.
- Pain and Suffering: This includes chronic pain that persists after the motorcycle accident, mental anguish, physical disfigurement, and any mobility or cognitive limitations from the crash.
- Reduced Quality of Life: This includes the loss of enjoyment of normal activities such as hobbies and social interactions as well as reduced feelings of happiness or contentment.
Punitive Damages in a Motorcycle Accident Case
There are rare circumstances in which a motorcyclist or their family members may also recover punitive damages. Also known as exemplary damages, punitive damages are intended to punish the negligent party rather than compensate someone for their losses. Rob and his team can let you know if you may be eligible for punitive damages in your motorcycle accident claim.
Contact an Experienced Portland Motorcycle Accident Lawyer Near You
Don’t delay. Our law firm is ready to offer you and your family the help you need during a difficult situation. For a free and confidential consultation with a skilled motorcycle accident attorney near you, contact our Portland law office today.
Rob Kline Can Help You
Rob Kline is an experienced local Portland personal injury lawyer available to discuss your injuries and legal rights. Call today or request a confidential free case evaluation to discuss your motorcycle accident.
