Motorcycle Accident Attorney | Updated December 12, 2024

Statute of Limitations For Motorcycle Accident Claim

The statute of limitations is the legal deadline for filing a motorcycle or bicycle accident claim. In Oregon, the statute of limitations for personal injury claims is generally two years from the date of the accident. If you miss this deadline, you may lose your right to pursue compensation. It’s important to consult with an attorney as soon as possible to ensure that your claim is filed within the required time frame.

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What Elements Are Required to Successfully Settle an Injury Claim After a Motorcycle Accident?

Below are some key legal elements that are important to establish after a motorcycle accident:

Establish Duty of Care

• The first element in any personal injury claim is establishing that the defendant (the person or entity you are holding responsible) owed you a duty of care. Drivers, cyclists, and motorcyclists all have a legal obligation to operate their vehicles safely and follow traffic laws to protect others on the road. For instance, a driver has a duty to obey speed limits, stop at red lights, and yield the right of way to cyclists and motorcyclists.
• In motorcycle and bicycle accidents, all road users are expected to exercise caution and take reasonable steps to avoid causing harm to others.

Establish Breach of Duty

• After establishing that the defendant owed you a duty of care, the next element is showing that the defendant breached that duty. A breach occurs when the defendant fails to act with the level of care that a reasonable person would under similar circumstances.
• Examples of breach of duty in motorcycle or bicycle accidents may include:
  • Speeding or reckless driving.
  • Failing to check blind spots before turning or changing lanes.
  • Running a stop sign or red light.
  • Distracted driving (e.g., texting while driving).
  • Failing to yield to a motorcycle or bicycle at an intersection.
  • Opening a car door into a cyclist’s path (known as “dooring”).
  • Driving under the influence of alcohol or drugs.

Establish Causation

• The third legal element is causation, which means you must prove that the defendant’s breach of duty directly caused your injuries. This requires showing that the accident would not have occurred if the defendant had acted responsibly.
• In other words, you must demonstrate that your injuries were a direct result of the accident caused by the defendant’s negligence. This can involve proving that the accident was caused by a specific action (or inaction) of the defendant, such as failing to yield or running a red light, which led to the collision.

Document Damages

• The final element of a motorcycle or bicycle accident claim is proving that you suffered damages as a result of the accident. Damages refer to the financial, physical, and emotional losses you experienced due to the injuries sustained in the accident.
• Damages can include:
  • Medical expenses: Costs for emergency treatment, surgeries, hospital stays, physical therapy, medications, and any future medical care needed due to the injury.
  • Lost wages: Compensation for income lost if you were unable to work during your recovery, as well as the loss of future earning capacity if the injury affects your ability to work in the long term.
  • Pain and suffering: Compensation for physical pain, emotional distress, and the overall impact of the injury on your quality of life.
  • Property damage: Costs to repair or replace your motorcycle or bicycle if it was damaged in the accident.
  • Other out-of-pocket expenses: Such as transportation costs for medical appointments or home modifications due to a permanent injury.

Rule Out Comparative Negligence

• In some cases, the defendant may argue that you were partially at fault for the accident. Oregon follows a comparative negligence rule, which means that even if you are partially responsible for the accident, you can still recover compensation as long as you are 50% or less at fault. However, your compensation will be reduced by your percentage of fault. For example, if you are found to be 20% at fault, your total compensation will be reduced by 20%.
• It’s important to work with an attorney who can help minimize any claims of comparative negligence and argue that the other party was primarily responsible for the accident.

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What Should You Do If I Was in a Motorcycle Accident?

If you were in a bike accident, what you do right after and in the days afterward can make a dramatic difference in your ability to recover damages. Remember to do the following:

Take plenty of notes

• As soon as you are no longer upset and your head is clear, you need to write down everything that you recall about the accident. We recommend that you note what happened, the time it happened, the weather, witnesses present and all other details. Think hard because your memories of what happened are clearest in the first few days.

Document your losses and injuries

• The best way to get your injuries documented is to see a doctor immediately. By having your injuries noted right away by a medical professional, you will be able to show in a potential lawsuit that your injuries were serious enough for you to seek medical attention immediately. It also is critical to keep a careful log of your injuries. Also note the pain you are feeling, your treatments, sleep you have lost, lost work time and any other problems and inconveniences you are experiencing due to the bike accident. Take photographs of your injuries too.

Record conversations

• Write down the place, time, date, and witnesses present regarding all the conversations you have about your bike accident.

Go back to the accident scene

• If you can, go back to the accident scene and look for any evidence that can help your potential case.

Take pictures

• Take photos from as many different angles as you can. Also, take photos at the same time and day of the week that your accident occurred.

Find witnesses

• Call any witnesses you know of as soon as possible so you can get their story while it is still recent.

What Damages Could I Collect After a Motorcycle Accident?

If you’ve been involved in a motorcycle accident, you may be entitled to various types of compensation, commonly referred to as “damages.” These damages are designed to help you recover from the financial, physical, and emotional hardships caused by the accident. Understanding the types of damages you could potentially collect is crucial for ensuring that you pursue full compensation for your injuries and losses.

Medical Expenses

• Medical expenses often form the largest portion of damages in a motorcycle accident case. This category includes costs related to emergency medical care, hospital stays, surgeries, medications, physical therapy, and any future medical treatments you may need. Motorcycle accidents frequently result in severe injuries, which can lead to long-term or even permanent medical care needs. It’s essential to account for both current and future medical expenses when calculating your compensation to avoid being under-compensated.

Lost Wages

• If your injuries prevent you from working, either temporarily or permanently, you may be able to recover lost wages. This includes the income you have already lost due to missed work, as well as any future earnings if your injuries result in long-term disability or reduce your ability to work in the same capacity. Compensation for lost wages can also cover missed opportunities for promotions or raises that you would have likely received if not for the accident.

Pain and Suffering

• Pain and suffering damages compensate you for the physical pain and emotional distress caused by the accident and its aftermath. Motorcycle accidents can lead to chronic pain, depression, anxiety, and a diminished quality of life. These damages are more subjective and can be harder to quantify, but they are a critical part of ensuring full compensation. An experienced attorney can help calculate a fair amount for your pain and suffering based on the severity of your injuries and the impact on your life.

Property Damage

• Your motorcycle and any other personal property damaged in the accident are also compensable. You can recover the cost of repairing or replacing your bike, helmet, and other damaged gear. In some cases, if your motorcycle was totaled, you can claim the fair market value of the vehicle before the accident.

Loss of Consortium

• In certain cases, family members, particularly spouses, may be entitled to damages for “loss of consortium.” This refers to the negative impact the accident has had on your relationships, such as a diminished ability to show affection, companionship, or participate in family activities. While this type of damage is less common, it can still be a significant part of the overall compensation in cases involving serious, life-altering injuries.

Punitive Damages

• Punitive damages are awarded in cases where the at-fault party’s conduct was particularly reckless or egregious, such as driving under the influence or engaging in dangerous behavior. These damages are meant to punish the wrongdoer and deter similar behavior in the future. While punitive damages are less common, they can significantly increase the total amount of compensation you receive.

What are the Most Common Injuries due to a Motorcycle Accident?

Motorcycle accidents often result in severe injuries due to the lack of protection compared to other vehicles. One of the most common injuries is road rash, which occurs when a rider is thrown from the bike and skids across the pavement, leading to painful abrasions and potential infections. Fractures and broken bones are also frequent, especially in the arms, legs, and ribs, as motorcyclists are often ejected or pinned during a crash. Head injuries, including traumatic brain injuries (TBIs), are another serious consequence of motorcycle accidents, even when a helmet is worn. TBIs can range from mild concussions to life-altering brain damage, affecting cognitive functions and quality of life.

Spinal cord injuries are another devastating outcome of motorcycle crashes, potentially resulting in partial or complete paralysis. Injuries to the back, neck, and spine can lead to chronic pain, reduced mobility, or permanent disability. Internal injuries, such as organ damage or internal bleeding, may not be immediately visible but can be life-threatening if not treated quickly. Additionally, motorcyclists often suffer from severe soft tissue injuries, including torn ligaments, tendons, and muscles, which can require lengthy recovery periods and rehabilitation. Because these injuries can have long-term effects on your health and finances, it’s crucial to seek legal help to ensure you receive the compensation needed for medical treatment, lost wages, and other damages.

What are the Common Causes of Motorcycle Crashes?

Motorcycle crashes can occur for a variety of reasons, many of which involve the negligence of other drivers on the road. One of the most common causes is drivers failing to see motorcyclists, particularly when changing lanes or making left-hand turns at intersections. Distracted driving, such as texting or talking on the phone, also contributes significantly to accidents involving motorcycles. Additionally, speeding and reckless driving by other motorists can reduce their ability to react to motorcycles in time, leading to devastating collisions. Road conditions, such as potholes, debris, or uneven surfaces, can also pose a significant hazard to motorcyclists, who are more vulnerable to losing control than drivers of larger vehicles.

Other frequent causes of motorcycle crashes include rider error, such as speeding, inexperience, or failure to navigate turns properly. Weather conditions, such as rain or fog, can further impair visibility and traction, making it harder for both motorcyclists and other drivers to maintain control. In some cases, mechanical failures, such as brake or tire malfunctions, can lead to accidents. Regardless of the cause, motorcycle crashes often result in severe injuries due to the rider’s lack of physical protection. Understanding the common causes of these accidents helps in determining liability, and an experienced motorcycle accident attorney can thoroughly investigate the circumstances to build a strong case on your behalf.

What Do I Do if the At-Fault Party Doesn’t Have Insurance?

If the at-fault party in your motorcycle accident doesn’t have insurance, you still have options to recover compensation for your injuries and damages. One of the primary avenues is to file a claim under your own uninsured motorist (UM) coverage, if you have it as part of your motorcycle insurance policy. UM coverage is designed to protect you in situations where the at-fault driver has no insurance, helping you recover for medical bills, lost wages, and other expenses. Additionally, if your policy includes underinsured motorist (UIM) coverage, it can provide compensation when the at-fault driver’s insurance is insufficient to cover all of your losses.

If you do not have UM or UIM coverage, you may still be able to pursue a personal injury lawsuit directly against the at-fault driver. However, the success of this route depends on the driver’s financial situation and whether they have any assets to pay a judgment. In some cases, you may also explore whether other parties could be liable, such as a bar that served alcohol to an intoxicated driver, or a company responsible for vehicle maintenance. Consulting with an experienced motorcycle accident attorney is essential in these situations, as they can help evaluate all available legal options to ensure you receive the compensation you deserve, even if the at-fault party is uninsured.

How Much Is Your Rear-End Motorcycle Accident Worth?

The value of a rear-end motorcycle accident claim depends on several factors, including the extent of your injuries, property damage, and the impact on your life. Compensation generally covers medical expenses, including surgeries, rehabilitation, and ongoing treatments. It also includes lost wages if your injuries prevent you from working, as well as compensation for pain and suffering, emotional distress, and diminished quality of life. Additionally, the cost of repairing or replacing your motorcycle can be recovered. While minor injuries may result in lower settlements, serious or permanent injuries, such as spinal damage or traumatic brain injuries, can significantly increase the value of your claim.

However, determining the precise value of your rear-end motorcycle accident claim requires a thorough review of all the details surrounding the crash. Factors like the insurance policy limits of the at-fault driver, whether the accident was partially your fault, and the strength of the evidence can all influence the final settlement or verdict. An experienced motorcycle accident lawyer can help assess these factors and negotiate with insurance companies to ensure you receive the maximum compensation available. Every case is unique, and working with a skilled attorney ensures that all aspects of your claim are thoroughly evaluated to pursue the best possible outcome.

Who Can You Sue in a Motorcycle Accident Case?

In a motorcycle accident case, determining who you can sue depends on who was responsible for the crash. The most common party is the at-fault driver, whose negligence—such as speeding, distracted driving, or violating traffic laws—may have caused the accident. In some cases, other liable parties might include the manufacturer of a defective motorcycle part, a government entity responsible for dangerous road conditions, or even a business that served alcohol to a visibly intoxicated driver who caused the crash. A thorough investigation is necessary to identify all responsible parties, and an experienced motorcycle accident attorney can help you pursue claims against any individual or entity whose negligence contributed to your injuries.

Is It Worth for You to Hire a Motorcycle Accident Lawyer?

Hiring a motorcycle accident lawyer is often worth it if you’ve been injured or suffered damages in a crash. Motorcycle accident claims can be complex, involving insurance companies that may try to minimize payouts or deny liability altogether. An experienced lawyer can help you navigate these challenges, gather evidence, negotiate with insurers, and ensure you receive fair compensation for medical bills, lost wages, pain and suffering, and property damage. Without legal representation, you risk accepting a settlement that may not fully cover your losses. A skilled motorcycle accident attorney can maximize your recovery, handle the legal complexities, and let you focus on healing, often with no upfront costs.

How Much Do Motorcycle Accident Lawyers Charge to Handle an Injury Claim?

The cost of hiring a lawyer for a motorcycle accident claim typically depends on the type of fee arrangement, with most attorneys working on a contingency fee basis. This means you won’t have to pay any upfront fees; instead, your lawyer will receive a percentage of the settlement or court award, usually between 25% to 40%, depending on the complexity of the case and whether it goes to trial. If the claim is successful, the attorney’s fees will be deducted from the final compensation. However, if the case is not won, you typically won’t owe any legal fees, making it a risk-free way to pursue your claim. Always ensure you fully understand the fee structure before signing an agreement.

Pursuing Restitution for Portland Motorcycle & Bicycle Accident Victims

Motorcycle accidents can cause severe, permanently disabling injuries, often fatal. Due to the obvious weight differences between motorcycles and automobiles, as well as the lack of protection to the body while riding a motorcycle. Any collision between a motorcycle and an enclosed motor vehicle can lead to a deadly disaster. Injuries such as fractures, comas, brain injuries, loss of limbs are all common results from this type of a collision. It is therefore vitally important to contact our legal team from The Herron Law Firm to assess the details of your case and prepare a proper course of action for you.

Many times these accidents are a result of driver negligence because other drivers on the road are either not paying attention, using their cell phone, disobeying traffic laws or speeding. Unfortunately, with motorcycle accidents, there is a higher chance that the motorcyclist will not survive the accident, or they will need to be hospitalized for a long period of time. Some remain disabled for life. That is why it is so essential to contact a Portland personal injury lawyer from Herron Law, LLC to represent you during this stressful period.

Searching for a lawyer for motorcycle and bicycle accidents in Portland? You need expert care and understanding in obtaining all possible monetary compensation owed to you for the loss of your wellbeing. Contact Bartley Herron today for a free consultation and in-depth discussion of your claim.

Motorcycle and bicycle accidents are similar to other accidents in certain ways, but due to some unique factors, these types of accidents can be quite different from regular car accidents.

Risks Involved in Motorcycle and Bicycle Riding

Bikes obviously are much smaller and lighter than cars. They have only two wheels and do not offer any protection to the rider. These facts and others make riding either a higher risk endeavor than riding in a car.

This is borne out in federal accident statistics, with motorcycle accidents much more likely to result in serious injury or death. Per mile driven in 2006, there were 35 times more deaths with motorcycles than cars.

The most common motorcycle and bike accidents are:

• Head on collisions – 78% of the time, this is what happens. Only in 5% of crashes does a car hit the biker from the rear.
• Car making left turn. In most accidents, the vehicle that hits the biker will be found at fault. However, note that if you are a motorcyclist and speeding, you could be found partially at fault. This will reduce the damages you may claim in a lawsuit.
• Lane splitting: See the section about this below. This is illegal in Oregon, and if you do this, you will probably not be able to recover damages in a lawsuit.
• Road hazards
• Collisions with fixed objects

If you have been in a motorcycle or bicycle accident, please contact Herron Law at 503-699-6496  24/7 today for a no-obligation consultation.

According to the National Highway Safety Transportation Administration for every mile traveled in 2006, motorcyclist riders were about 8 times more prone to be injured and 35 times more likely to die in a traffic accident, in comparison with car passengers.

These are sobering statistics if you drive a motorcycle. If you or a loved one has been injured in an accident while driving a motorcycle or riding a bike, you need to contact motorcycle and bicycle personal injury lawyer in Oregon Bartley Herron to take on your case and preserve your rights.