Driving a motorcycle or riding a bike is an invigorating and enjoyable form of transportation. However, at the same time, it can be highly dangerous and put the cyclists at high risk for injury- not due to their own fault but as a result of the carelessness of other drivers as well. 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 personal injury lawyer Bartley E. Herron to take on your case and preserve your rights.
Motorcycle accidents can cause severe, permanently disabling injuries- they can also be 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 Herron Law, LLC 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.
Damages in Motorcycle and Bike 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:
Some of the risk factors involved in motorcycle and bike riding are:
Liability in Motorcycle and Bicycle Accidents
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.
Elements in a Motorcycle or Bicycle Accident Claim
If you are hurt in a bike accident, there are four elements that you must show:
What to Do If You Are In a Motorcycle or Bicycle Accident
If you are 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:
A Few Words About Lane Splitting
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. So if an accident occurs when you are lane splitting, it is likely that the fault for the accident will lie with you. You would be unlikely 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.
If you have been in a motorcycle or bike accident, please contact Herron Law LLC today for a no-obligation consultation.
A Few Words About Motorcycle Helmets
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.
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.
5285 Meadows Road, Suite 204, Lake Oswego, Oregon