What to Know About Bicycle Accidents

Bicyclists: An Urban Force to be Reckoned With
And . . . Bicycle Accidents Happen
Dos and Don’ts Following a Bicycle Accident
Steve Smucker, Bicycle Accident Attorney & Bicycle Commuter, He Knows the Rules of the Road
Insurance Companies will Blame You
But Under the Law . . .
Wrongful Death Claims Arising from Highway Collisions
Common Types or Causes of Bicycle Accidents
Oregon Law States

Bicyclists: An Urban Force to be Reckoned With

Over the past 10 years, bicycling has become extremely popular in the United States. It is a convenient and inexpensive way to travel, especially in large cities where traffic congestion and limited parking are common.

Today there are over 15,000 daily bike commuters riding in and out of downtown Portland, Oregon. Bike travel in Portland has become easy and is promoted by local government. Bike lanes are abundant, and maps rating road safety levels throughout the city are available. The non-profit organization, Bicycle Transportation Alliance, has a strong educational and political presence in Portland. The city is a bike friendly environment.

And . . . Bicycle Accidents Happen

Out of 478 Oregon bicycle accidents last year, over 200 occurred in Portland, 196 of those involved injuries, 27 major injuries. There were five fatal bike accidents in Oregon in 2006.

As a committed bicycle commuter, you wear a helmet, are illuminated at night, and always ride in the direction of traffic. You follow the rules of the road most of the time. When you are out there riding in traffic you do what you have to do to be seen and to keep from getting hit by 3000 pound moving vehicles.

Unfortunately, you can be a responsible and defensive bicycle rider and still be at risk for serious physical injury. Even in Portland where drivers are friendly to cyclists, conscientious drivers can overlook your presence at a crucial moment leaving you dead or dying on the road.

Dos and Don’ts Following a Bicycle Accident

Seek medical care immediately, attend follow-up visits and follow physician’s medications and therapy recommendations.
Take pictures of the scene and your injuries.
Get a repair estimate for your bike.
Call the police.
Get witness names and phone numbers to corroborate date, time, road conditions, speed of travel, etc.
Document accident information, save medical bills and other related materials, and keep in a safe place.
Call a personal injury attorney specializing in bicycle accidents.
Decline requests to be interviewed by the other driver’s insurance company.
Do not sign anything for the other driver’s insurance company, but if you already have, call us to see how you can undo any damage that might have been done.

If you want an expert bicycle accident lawyer to advise you, contact Steve Smucker for a free consultation. He will answer questions involving your bicycle accident, explain the legal process of recovering your losses and, if hired, represent you unwaveringly throughout the entire case

Steve Smucker, Bicycle Accident Attorney & Bicycle Commuter He Knows the Rules of the Road

During the week, if he’s not running the Wildwood Trail to his downtown office, he’s commuting by bike.

Steve has been a Portland cyclist since beginning his undergraduate studies at Reed College in 1973. Then, cycling was limited to a few diehards who risked serious physical injury riding on the road with far fewer bike aware motorists then there are now.

As a cyclist and bicycle accident attorney, Steve knows bicycle law and where it intersects with motor vehicle law. Understanding the interplay of these laws is essential to your successful outcome.

Experienced representing clients who have suffered a wide range of injuries from cervical, thoracic and lumbar strain to life threatening spinal cord injuries and traumatic brain injuries, Smucker understands the implications for clients and families when these injuries occur. He knows there is tremendous expense and sacrifice involved in caring for a cyclist who can no longer ride, or who has suffered a traumatic brain injury. He knows the importance of immediate rehabilitation and appreciates how involved and expensive that rehabilitation can be. Having funds available to pay for reasonable and necessary medical treatment following a catastrophic personal injury is vital to the injured person’s recovery and sense of well being.

Steve Smucker is dedicated to recovering fair benefits due to you as a seriously injured client. Frequently, this requires the initiation of legal action. For a closer look at what it’s like to have Steve Smucker as your lawyer, see client case results.

Insurance Companies will Blame You

If an automobile hits you, a bicyclist, you can expect the insurance company to blame you. Insurance lawyers always blame the cyclist; regardless of bicyclists’ tendency to be more fully alert due to their relative disadvantage on the road. Conditioned to anticipate unaware motorists, bicyclists know what can happen if they don’t take full responsibility for their safety.

But Under the Law . . .

Barring all but the most egregious cases of drunk driving, a driver who hits a cyclist will not go to jail. The driver’s insurance company, however, remains responsible for the damages caused by the driver. Under the law, the injured bicyclist is entitled to be made whole. That means if you have medical bills and other damages due to the driver’s negligence, the driver must pay those expenses.

If you can’t work due to your injuries, the driver’s insurance is responsible for paying your lost income. If you enjoy sports and are unable to participate due to your injuries, the negligent driver must compensate you for the loss of those activities. Valuing non-economic losses for pain and suffering may require a jury if the parties cannot resolve the case through the various avenues of alternative dispute resolution.

Before accepting an insurance company’s settlement offer, consult with an experienced bicycle accident attorney. Contact Steve Smucker for a free consultation.

Wrongful Death Claims Arising from Highway Collisions

Wrongful death claims exist for the estates of bicyclists who have been killed on the highways due to a driver’s negligence. If you are the personal representative of an estate seeking counsel in a wrongful death, contact Steve Smucker for a free consultation.

Common Types or Causes of Bicycle Accidents

For us cyclists, bicycle accidents happen in all too familiar ways. The following are some of the most common type of crashes involving injury to a cyclist:

A motor vehicle driver overtakes and then turns, without signaling, directly in front of the bicyclist.
An automobile driver fails to estimate properly the gap between the side of his car and the bicyclist.
A truck or car driver is in a hurry and exits a private alley or parking lot without looking both ways.
A driver is distracted—talking on a cell phone, eating, or changing the radio station.
A property owner allows gravel to accumulate on the roadway in front of his property, creating a dangerous condition for bicyclists who are passing by.

To discuss your questions or to see if you have a case relating to a bike accident, contact Portland bicycle lawyer, Steve Smucker.

Oregon Law States:

ORS 801.155 Bicycle lane. “Bicycle lane” means that part of the highway, adjacent to the roadway, designated by official signs or markings for use by persons riding bicycles except as otherwise specifically provided by law. [1983 c.338 §23]

ORS 811.050 Failure to yield to rider on bicycle lane; penalty.
(1) A person commits the offense of failure of a motor vehicle operator to yield to a rider on a bicycle lane if the person is operating a motor vehicle and the person does not yield the right of way to a person operating a bicycle, electric assisted bicycle, electric personal assistive mobility device, moped, motor assisted scooter or motorized wheelchair upon a bicycle lane.

(2) This section does not require a person operating a moped to yield the right of way to a bicycle or a motor assisted scooter if the moped is operated on a bicycle lane in the manner permitted under ORS 811.440.

ORS 811.055 Failure to yield to bicyclist on sidewalk; penalty.
(1) The driver of a motor vehicle commits the offense of failure to yield the right of way to a bicyclist on a sidewalk if the driver does not yield the right of way to any icyclist on a sidewalk.

(2) The driver of a motor vehicle is not in violation of this section when a bicyclist is operating in violation of ORS 814.410. Nothing in this subsection relieves the driver of a motor vehicle from the duty to exercise due care. [1983 c.338 §702; 1985 c.16 §340; 1995 c.383 §44]

ORS 811.280 Failure of driver entering roadway to yield right of way; penalty.
(1) A person commits the offense of failure of a driver entering a roadway to yield the right of way if the person:

(a) Is operating a vehicle that is about to enter or cross a roadway from any private road, driveway, alley or place other than another roadway; and

(b) Does not yield the right of way to any vehicle (including bicycles) approaching on the roadway to be entered or crossed so closely as to constitute an immediate hazard.