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.
Below are some key legal elements that are important to establish after a motorcycle accident:
If you were in a bike accident, what you do right after and in the days afterward can make a huge difference in your ability to recover damages. Remember to do the following:
Take plenty of notes
Document your losses and injuries
Record conversations
Go back to the accident scene
Take pictures
Find witnesses
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
Lost Wages
Pain and Suffering
Property Damage
Loss of Consortium
Punitive Damages
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.
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.
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.
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.
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.
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.
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.
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:
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.
In Oregon, motorcycle riders are required to wear helmets. If you do not wear a helmet in an accident and suffer an injury, the defendant could raise an issue about your own negligence leading to your injuries.
Your legal recovery could be reduced or even barred as a result of contributory negligence. Of course, there is a distinction between negligence that caused the accident and negligence that contributed to your injuries.
Generally speaking, failing to wear a helmet in Oregon while riding a motorcycle could be found to constitute negligence contributing to injuries. This could then limit your ability to recover damages. Therefore, it is good practice in Oregon to obey the law when on a motorcycle – wear a helmet.
Lane splitting is when either a motorcycle or bike rider drives between two lanes of stopped or slowly moving vehicles. This is most common in traffic jams. If an accident happens while the rider is lane splitting, determining fault will depend on whether lane splitting is allowed in that state, as well as the views of the responding police officer and judge.
It should be noted that lane splitting currently is not legal in Oregon.
If an accident occurs when you are lane splitting, it is likely that the fault for the accident will be with you. You would be unlikely to be able to recover damages for your injuries.
Given these facts, it is not advisable to lane split in Oregon, as it is both against the law and you are unlikely to win in a civil lawsuit if you are injured.
Liability for most bike accidents is governed by the law of negligence. A person will be deemed negligent if he or she acts in a careless manner and causes injury to another individual.
A driver has to use great care to avoid hurting anyone else when they are driving. If a driver is not exercising reasonable care and hurts someone else, the driver will be held liable.
In many motorcycle and bicycle accidents, the driver of a car or truck is often negligent and causes serious harm.
The car driver could be held liable for doing something that he should not have done.
For example, many bike accidents occur when a car driver speeds through a stop sign or turns left in front of a biker.
In some cases, of course, the bike rider also can be negligent. A biker could swerve in front of a car and cause the car to crash. In that case, the biker would be liable for the driver’s injuries.
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