Portland Motorcycle Accident Lawyer

What conditions in Oregon put motorcycles more at risk for an accident?

The roads in areas in Western Oregon, including Portland, tend to be slicker, especially during the fall, winter, and spring months with the high amounts of rain that area receives. Other vehicles can also tend to leak oil on the highways so busy highways can be more slippery when that oil comes in contact with the rain. These wet conditions on their own can make motorcyclists more susceptible to an accident.

There are also some motorcyclists who tend to go faster than the speed limit. Motorcycles have an appeal to some individuals with their ability to accelerate so quickly compared to four-wheel vehicles. Some motorcyclists like to try the speed out on the highway. 

Some motorcyclists also love the thrill of zipping around cars. The higher the speed of the motorcycle, the faster and quicker the cyclist must react to slower traffic. This is also true for the drivers of the slower vehicles. It is also harder to see and react to a vehicle that is going 10 MPH or greater than your speed on the highway.

In motorcycle accidents, the rider is almost certain to fall off the bike in an accident. 

Instead of being strapped into a seatbelt in a four-wheeled car that is less susceptible to turnovers with airbags, a motorcyclist has no seat belt or interior protections to keep him or her from leaving the vehicle at impact and from absorbing the impact. After impact, the motorcyclist will in turn hit the hard road instead of an airbag and most likely will continue to roll thereafter. This also can suspect the rider to get hit by another vehicle. 

The speed of the accident is also what makes motorcyclists susceptible to greater injuries mixed with the lack of safety restraints a motorcycle has.

What are the causes of most motorcycle accidents in Oregon?

According to NHTSA, most causes of motorcycle accidents are attributed to lack of experience or failure to appreciate the inherent operating characteristics of the motorcycle. The characteristics of a motorcycle require motorcyclists to emphasize defensive driving. This requires more awareness and precautions at intersections and anticipation of what could happen. NHTSA notes that one-third of multi-vehicle crashes are a result of other motorists turning into the path of the motorcycle. 

Alcohol is also another factor in crashes and the insurance information institute indicates that alcohol-impaired motorcycle riders are less likely to use helmets. Speeding is the other major factor in fatal crashes. Some states do not have laws on wearing a motorcycle helmet, however, the State of Oregon requires the use of a motorcycle helmet for all riders. Helmets have proven to show to be effective in preventing deaths and reduction of injuries for motorcycle riders according to the insurance information institute.

One-third of motorcycle accidents where the operator is killed is due to not obtaining a proper license or improper license. A motorcycle license is not the same as a car license and is designed to help give each motorcyclist the skills and knowledge on how to drive with safety in the forefront.

The institute of insurance information also noted that Antilock Braking Systems (ABS) on motorcycles significantly reduces the rate of crashes. The ABS system can allow motorcyclists to brake hard without fear of the wheels locking up and causing the bike to overturn.

Motorcycle Accident Statistics and Training

Most motorcycle accidents in Oregon do not involve other individuals. There are much fewer motorcycles registered but account for 5% of all highway fatalities.

Per the National Highway Traffic Safety Administration, there were 78 motorcycle fatalities in Oregon in 2018 up from 57 in 2017. Of those fatalities, 66 were wearing a helmet. Four were killed not wearing a helmet in 2018. 

In total for Oregon, there was 1 fatality per 100 million vehicle miles traveled in 2014. That was also 9 fatalities per 100,000 people in Oregon. That is below the U.S. average of 10.28 but above the best state at 3.47. 

The State of Oregon offers one of the nation’s strongest comprehensive motorcycle safety training and education programs.

What special rules and laws are there for motorcyclists in Oregon?

Everyone riding a motorcycle or moped must wear a helmet that is compliant with the U.S. Department of Transportation standards. 

All Motorcycles and mopeds must also have between 1 and 3 white headlights and must be on at all times. They must also have at least one red taillight and at least 1 red brake light. Also, if the motorcycle was built after 1972, it must have white or amber front turn signals. It also must have one front and one rear license plate light. The state of Oregon also requires one rearview mirror and one break operated either by hand or foot.

You must also have a motorcycle endorsement or instruction permit in order to operate a motorcycle in Oregon. Motorcyclists are also required to share the road with others, including pedestrians, bicyclists, and other vehicles.

If there is a traffic control device that is controlled by a detection device that does not detect your vehicle, motorcyclists are allowed to proceed through an intersection even if the traffic light has not changed green. The motorcyclist must wait for a complete cycle and stop for any pedestrians before proceeding through the intersection. Motorcycles have the right to use a full traffic lane. 

Motorcycles can pass each other using the same lane or ride next to 1 other motorcycle in a lane. 

Motorcycles cannot pass other vehicles using an occupied lane on a multi-lane highway or on a one-way street.

How can a Portland motorcycle accident lawyer help me?

A Portland motorcycle accident lawyer can help you navigate the complexities of Oregon tort law and insurance policies if you were involved in a motorcycle accident. Insurance companies are usually nice to you when you pay your monthly premiums. However, insurance companies can become a pain to you in your most dire time of need. 

An insurance company is a company and it lives and dies by the dollar. So an insurance company may find ways to skirt around paying you the money for the damages that are actually owed to you. This is especially true if you were involved in a serious motorcycle accident that has a high dollar amount for injuries. Also, insurance companies can also try and put the blame on the motorcyclist for the accident given the inherent dangers and biases toward motorcyclists to claim it was the motorcyclist’s fault.

This is also true if you are trying to collect from the other driver that may have been at fault for the accident and his or her insurance company. In short, if you are working on your own directly with the insurance company, even if it is your own insurance company, you may not be receiving the correct amount of compensation you should be.

A skilled Portland motorcycle accident lawyer can properly assess your injuries and the amount of damages you have incurred. This can include a proper assessment of any lost wages past and future, medical expenses past and future as well as a proper assessment on how much your pain and suffering would look like as well as any other related damages to your claim. A skilled attorney can also properly assess your ability and amount you can recover based on the language of your own insurance policy and the language of the policy of the other driver. Our office is located in Beaverton but we serve the entire Portland area. So, if you’re in need of a Portland motorcycle accident lawyer, we can help you!

Can I still recover for damages if I was partially at fault in a motorcycle accident?

A skilled Portland motorcycle accident lawyer may also find other insurance policies that were in play during the accident that you may not have been aware of that you could receive compensation for your injuries from. It can also properly assess your ability to prove fault of the other driver and your ability to legally recover from the other driver for the accident based on that fault. 

In Oregon, even if the motorcyclist was partially at fault for the accident such as speeding, the motorcyclist can still recover some kind of compensation as long as the motorcyclist was not 51% or more at fault for the accident.

A person can recover the percentage amount for their injuries where they were not at fault. So if the other driver was 60% at fault and the motorcyclist was 40% at fault, the motorcyclist can recover 60% of his or her assessed damages from the other party.

As a motorcyclist, in order to avoid accidents, it is best to be aware of weather conditions and to act accordingly based on those weather conditions. If weather conditions are sub-par it is advised to reduce your speed. This is especially true if there is low visibility due to high amounts of rain, especially at night or high amounts of fog. The fog in Western Oregon can get particularly heavy in the wintertime months, especially in the mornings during the morning work commutes. It is also important to avoid excessive speeds. 

If a motorcyclist is moving with the flow of traffic, instead of 10 MPH faster, it is easier for other drivers to see you and give them more time to react to you. Also, ensure that you never ride a motorcycle while you are under the influence of alcohol or any other substance that can impair your ability to drive properly. This is especially important given the extra heightened awareness motorcyclists need compared to other vehicles.

What kind of insurance coverage should I get for my motorcycle?

Also, given the higher probability of greater injury with a motorcycle, it would be advised to get your own insurance plan that can properly compensate you in the case of an accident. It can be easier to work with your own insurance plan than to try and collect from someone else’s. You also will not know if the other driver will have an insurance policy or what the limits of that policy will be. Talk to your insurance company about your options on what they would cover in the case of an accident whether or not you are at fault.

Motorcycle insurance is required in the state of Oregon and you must show proof of insurance prior to registering your motorcycle. If you ride a motorcycle in Oregon uninsured, it can result in penalties, including a fine and a license suspension. Also, if you are involved in an accident without insurance, you will have to pay out of pocket for any damages, including damages toward another individual if you were at fault or partially at fault for the accident.

The state of Oregon requires individuals to carry a minimum of bodily injury liability insurance for motorcyclists of $25,000.00 per person and $50,000.00 per accident as well as property damage liability of $20,000.00 per accident. It also requires a minimum of $25,000.00 of uninsured motorist coverage of $25,000.00 per person and $50,000.00 per accident for bodily injury.

However, it is recommended for Oregon motorcyclists to also obtain additional coverages such as personal injury protection coverage, collision insurance, comprehensive coverage, and no-fault medical payment coverage. 

There are also optional insurance coverages that can cover custom motorcycle equipment such as aftermarket parts and equipment that was not originally made by the manufacturer as well as classic motorcycle insurance.

A Great Portland Motorcycle Accident Lawyer

When you’re considering hiring a motorcycle accident attorney in Portland, you want to look for a few things:

1. Good reviews: If the lawyer doesn’t have good reviews on google, that should tell you everything you need to know. Don’t hire them. But if they have a higher rating then that’s a great start! Not to brag but we have a five-star rating on Google.

2. Experience: The last thing you want is a Portland motorcycle accident lawyer who has zero experience in motorcycle accident cases.

3. Price: Getting the cheapest motorcycle accident lawyer is never a good idea. You get what you pay for. You don’t need the most expensive lawyer in Portland, but the cheapest ones aren’t typically a good idea.

4. Free Consults: Do they offer a free consultation? if so, take it! This is the perfect opportunity to get to know the attorney and see what you think before committing.

*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.